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In Mississippi, the probate process generally follows these steps: Filing a petition: A petition must be filed with the local chancery court to either admit the will to probate and appoint the executor. Or, if there's no will, to appoint an administrator of the estate.
If you die with children but no spouse, your children will inherit everything. If you die with one child, your spouse gets half of the intestate property and your child gets the other half. If you die with two or more children, your surviving spouse and children each get an equal share of your intestate property.
Selling a House with Multiple Inheritors in Mississippi: If the inherited property has multiple heirs, the majority can decide to sell the house by filing a lawsuit of partition action in the state probate court of Mississippi.
The Mississippi probate attorney presents a Petition to Close the estate at a hearing at the Chancery Court. Usually the heirs to the estate are in agreement with the distribution of estate assets and will sign a Waiver and Joinder to the Petition to Close.
Mississippi Probate typically takes between 6 months and one year, possibly longer if probate assets include real estate that must be sold to pay debts.
Mississippi probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
In Mississippi, creditors have 90 days to submit claims against the estate, so probate takes a minimum of three months. To make matters worse, the average estate in the US takes a full year and a half to finally distribute the inheritance money to the heirs.
(1) Letters of administration shall be granted by the chancery court of the county in which the intestate had, at the time of his death, a fixed place of residence; but if the intestate did not have a fixed place of residence, then by the chancery court of the county where the intestate died, or that in which his ...