Mississippi Letters Testamentary
Description
How to fill out Mississippi Letters Testamentary?
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FAQ
What are letters testamentary? When a person dies and has properly executed a last will and testament that names another person to manage his estate, the court issues letters testamentary.
A common question asked of estate planning attorneys is how to obtain a copy of a deceased person's last will and testament or other probate court records. Because probate files are public court records that anyone can read, if a will has been filed for probate then you should be able to obtain a copy of it.
When probating a will, it is necessary for one person to be appointed as the executor.Generally speaking, the executor must obtain a letter of testamentary, which provides legal documentation and proof that they are in fact the executor of the estate.
Most likely you will need an attorney to obtain letters testamentary. Many attorneys offer a free consultation. At least meet with an attorney to make sure letters testamentary is what you need.
Letters testamentary are not issued when there is no will. When a person dies intestate, or without a will, the court issues letters of administration and appoints someone to distribute the decedent's property.
To obtain your letter of testamentary, you will need to file the will and death certificate in the probate court, along with forms asking for the letter of testamentary. You'll need to provide your information, as well as some basic information about the value of the estate and the date of death.
There are two components of letter of testamentary cost: the court fee and the attorney's fees. The court fee ranges from $45 to $1,250, depending on the gross value of the estate. The attorney's fees start at about $2,500 and can go up depending on the complexity of the case.
Find the local probate court or surrogate's court, as it's sometimes called. File the will and a certified copy of the testator's death certificate . Fill out the necessary paperwork , like a petition form, and provide any additional documents.
