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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.
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.
Affidavits are written declarations made under oath before a notary public or other authorized officer. They are valid for thirty (30) days.
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.
Ways to Avoid Probate Joint Ownership with Right of Survivorship. ... Transfer-on-Death Deed. ... Beneficiary Designation and Payable at Death Provisions. ... Trusts. ... Small Estates. ... Muniment of Title.
Though there is no deadline for filing probate in Mississippi, the court is legally allowed to compel surviving family members to present their loved one's will. In that case, you would be required to file probate within 40 days of their death.