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Mississippi Heirship or Descent Affidavit Questionnaire

Category:
Probate - Heirship
State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Mississippi law states that a small estate affidavit is applicable when the total value of the decedent's assets is $75,000 or less. Also, the form is suitable for the collection of personal property only and, therefore, cannot be used to obtain the decedent's real estate.

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.

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.

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.

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

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.

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.

Mississippi has a process that allows heirs to entirely skip probate if the total value of the estate, after liens and encumbrances have been subtracted, is $75,000 or less. All an heir must do its prepare a short affidavit, stating that they are entitled to a certain asset, or assets.

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