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When Is Probate Required in Mississippi?

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The death of a loved one is a difficult and emotional experience, and the legal process that follows can add additional stress to an already challenging time. In Mississippi, the probate process is essential for the orderly transfer of assets, but it can be complex and time-consuming. 

It is important for executors, administrators, and beneficiaries to understand when probate is necessary. At Gregory D. Keenum, PA, we help clients navigate through these difficult times with clarity and compassion.

Understanding the Probate Process in Mississippi

Probate is a legal process that involves verifying a deceased person’s will if one exists, paying debts and taxes, and distributing assets to heirs. The process is supervised by a court in Mississippi, and handled by the Chancery Court in the county where the person resided at the time of death.

If the deceased has left a valid will, the court typically appoints a named executor to manage the estate. If there is no will, in a situation known as “intestate succession”, the court appoints an administrator, usually a close relative, in accordance with Mississippi’s laws on intestate inheritance.

Once the estate has been opened, the personal representative (executor or administrator) should:

  • Identify and inventory all assets included in the probate process,
  • Notify known creditors of the estate’s existence,
  • Pay valid debts and any applicable taxes, and
  • Distribute the remaining assets according to the will or trust document, if applicable, to the rightful heirs or beneficiaries.

This process can take anywhere from several months to more than a year, depending on the complexity of the estate, the number of creditor claims, any tax issues, and potential disputes among heirs. An experienced probate attorney in Booneville, Mississippi, can help streamline this process and minimize delays.

When Probate Is Required in Mississippi

Not every estate needs to go through a formal probate process. Mississippi law allows for exceptions for certain types of assets and smaller estates.

Estates with a Valid Will or No Will

If the deceased person owned assets in their sole name (i.e., without any joint ownership or designated beneficiaries), probate is usually required, regardless of whether a will exists. This is because the court needs to oversee the distribution of these assets to ensure legal compliance and resolve any potential disputes that may arise.

Small Estate Affidavit (Simplified Probate)

Mississippi offers a streamlined process for small estates under Mississippi Code § 91-7-322. If the total value of a decedent’s personal property (excluding real estate) is less than or equal to $50,000, heirs can use a small estate affidavit to claim assets without having to open a formal probate case. 

However, this simplified procedure does not apply to real estate. Transferring real property typically requires a formal probate process, unless it was held in joint tenancy with the right of survivorship or placed in a trust.

Non-Probate Assets

Certain assets are automatically excluded from the probate process by law or contract. These include:

  • Property held in joint tenancy with the right of survivorship.
  • Bank or brokerage accounts that have been designated as payable-on-death (POD) or transfer-on-death (TOD).
  • Life insurance proceeds with a named beneficiary.
  • Retirement accounts (e.g., IRAs, 401(k)s) that have valid beneficiary designations.
    Assets held in a revocable living trust.

If all of the deceased’s assets fall within these categories, there may be no need for probate.

Lawyer is working with documents

When Disputes or Complications Arise

Probate becomes especially important when:

  • The validity of the will is challenged
  • Multiple wills are discovered
  • Heirs are minors or unable to manage their affairs
  • Creditors file claims against the estate
  • The estate owes taxes to the federal or state government.

In such cases, the oversight of the Chancery Court ensures that all parties’ rights are protected. Without proper legal guidance, errors in administration can lead to personal liability for the executor or delays that frustrate beneficiaries.

Facing Probate? Let Our Firm Guide You

Navigating the probate process in Mississippi can be challenging, especially when dealing with grief. The rules of the chancery court are specific, and mistakes can lead to significant delays and personal liabilities. As a local probate attorney in Booneville, Gregory D. Keenum, PA, can provide essential guidance by helping with complex court filings, managing estate assets responsibly, resolving disputes among heirs, and ensuring that all debts and taxes are paid properly.

If you are the executor, administrator, or beneficiary of an estate going through the probate process, it is important to have knowledgeable legal representation to protect your interests and fulfill your obligations. Contact Gregory D. Keenum, PA, today to schedule a consultation and find out how we can help you navigate this difficult time.