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A Mississippi small estate affidavit is a legal statement used to obtain the property and financial assets of a deceased person without intervention from the court. Mississippi law states that a small estate affidavit is applicable when the total value of the decedent's assets is $75,000 or less.
Under Mississippi's Affidavit of Successor (Small Estate Affidavit) procedure, personal property owed to a deceased person with a value of up to $50,000 may be delivered to his or her heirs or successors by affidavit. The affidavit can be made at any time after 30 days have passed since the person's death.
In Mississippi, the executor typically has 90 days from the date of their appointment to submit this inventory to the court. Communicating with Creditors: Once the estate has been inventoried, the executor must then notify all known creditors of the deceased's passing.
A Mississippi small estate affidavit presents a claim on an estate by an heir or beneficiary. This process helps claimants avoid probate court in the state of Mississippi, but can only be utilized if the estate is worth no more than $75,000.
Muniment of Title in a Nutshell Requires a Last Will and Testament that leaves real estate to someone else. Assets Covered: Real estate only. Dollar Limitations: The value of the decedent's personal estate in the state of Mississippi at the time of death cannot exceed $10,000.00.
Explanation of Mississippi Heirship Affidavit An affidavit of heirship is a sworn statement of one or more family members and at least two unrelated parties that identifies the decedent's legal heirs. These affidavits are sometimes used as an alternative to probate of real estate.
Testamentary capacity in Mississippi requires (1) that the testator understand and appreciate the nature of the act of executing a will, (2) know the beneficiaries of his bounty and their relation to him, and (3) that he be capable of determining how he desires to dispose of this property.
Wait Thirty (30) Days. A filing will be accepted no earlier than thirty (30) days after the death of the decedent. Complete Documents. Complete and gather these documents: Affidavit of Small Estate. ... File With the Holder of Property. Take these documents to the individual or entity holding the property in question.