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(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 ...
A person's will usually names a person to serve as executor of his or her estate. But in an intestate estate, the court must appoint someone to serve as administrator. The spouse is given preference, but the court will appoint others if the spouse delays in administering the estate.
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.
Closing the Estate The probate attorney prepares and you sign a Petition to close the estate. This Petition will often, but not always, include your accounting of any receipts or disbursements of estate funds. The beneficiaries or heirs are usually asked to join in the Petition.
The executor or administrator of the estate is responsible for notifying creditors of the deceased person's death. Creditors have a certain time frame, typically 90 days from the date of first publication of notice to creditors, to file their claims for payment. If the estate has enough assets, the debts are paid.
You can use an Affidavit in Mississippi, rather than go through a full probate, only if an estate is worth less than $12,500 and there is no bank account or Will. Mississippi also allows for a summary probate procedure for estates worth less than $500.