Mississippi USLegal Pamphlet on Lost Wills

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Multi-State
Control #:
US-PMPH-06
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Word; 
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Description

This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.

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FAQ

Holographic (handwritten) wills do not require witnesses. However, you must write your entire will and sign it in your own handwriting for it to be valid. Miss.

If your will was simply lost or accidentally destroyed, it still reflects your wishes. A copy of the will can be submitted to the court, and the court may (but does not have to) open a probate based on that copy.

According to Title 91 Chapter 7 Section 5 of the Mississippi Code, the court can compel the person who has the will to present it. The person who has the will must file it with the court within 40 days after the person's death.

Reasons for an invalid will Your will may be invalid if: It hasn't been signed properly. It's been destroyed or altered. The person who made the will (known as the 'testator') was not of sound mind at the time of writing their will.

There are three ways in which a testator can voluntarily revoke a Will; intentionally destroy it so that it is unreadable, by writing another Will or codicil, or by making a declaration in writing of an intention to revoke it.

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.

Only Wills that are sent to the Probate Registry become public. This means the Will that is in place when you die becomes public, but any Wills that you have written previously will remain private given they were voided by the new Will.

Mississippi probate records include dockets, wills, settlements, petitions, letters, guardianships, claims, and minutes. Probate records of Mississippi have been kept by the chancery courts or probate courts. You can obtain copies of the records by contacting the clerk's office in each county courthouse.

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.

A will can be revoked by the testator destroying, canceling, or obliterating it or having someone else do it in his or her presence.

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Mississippi USLegal Pamphlet on Lost Wills