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Upon your death, your will must go through probate, a court proceeding that declares the will valid or invalid. Once the court declares a will valid, it appoints an administrator for the will unless the deceased named an executor.
If everything is in order, the judge will sign an Order admitting the will and providing for the issuance of Letters Testamentary upon oath and, if required, bond of the executor. After the Order is issued, the executor will sign and the attorney will file an Oath in the form required by Miss. Code Ann.
Most estates require some form of probate to transfer an inheritance in Mississippi. However, if the estate is worth less than $50,000, you can submit an informal probate affidavit instead of attending a court hearing. If the estate includes real estate, probate is typically required.
Steps to Create a Will in Mississippi Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.
Mississippi law holds that a will entirely written in the testator's handwriting and signed at the end (a ?holographic? will) is a valid will. Otherwise, Mississippi Code Section 91-5-1 establishes the following requirements for a valid will or codicil.
To write a will, Mississippi law states you must be at least 18 years old, of sound and disposing mind, must intend the document to be your will and must have the written will validly executed. Upon your death, your will must go through probate, a court proceeding that declares the will valid or invalid.
It involves proving the will is valid, identifying and inventorying the deceased person's property, having the property appraised, paying debts and taxes, and distributing the remaining property as the will directs. In Mississippi, the cost for probate can range from $2700 to $5950 or more.
The executor will receive Letters Testamentary from the court, which authorizes the executor to act for the estate and carry out the decedent's wishes ing to how their will is written.