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The most common method of avoiding probate in Mississippi is by using jointly held assets that include a right of survivorship.
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.
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.
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.
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.
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.