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Common Probate Disputes in Mississippi and How to Resolve Them

stacked coins with Probate word

Losing a loved one can be an emotionally difficult experience, and disputes that arise during the probate process can quickly lead to family relationships breaking down. In Mississippi, the probate system is designed to make sure that a deceased person’s debts are paid and their assets are distributed according to the law or a valid will. Even with careful estate planning, however, disagreements between heirs, executors, and beneficiaries can occur.

At Gregory D. Keenum, PA, we have been helping families in Northeast Mississippi navigate through complex probate matters since 1979. We understand the most common types of disputes and know how to resolve them, which can save time, money, and emotional stress.

1. Will Contests: Challenging the Validity of a Will

One of the most common probate disputes arises when someone challenges the validity of a will. According to Mississippi Code § 91-7-23, a will must be signed by the person making it (the testator) and witnessed by at least two other individuals.

Common grounds for contesting a will include:

  • Lack of testamentary capacity: The person who died did not have the mental capacity to understand the nature of their assets or the people they wanted to exclude from their inheritance.
  • Undue influence: One of the beneficiaries exerted excessive pressure on the deceased to change their will.
  • Fraud or forgery: The will was created under false pretenses or was falsified.

These claims must be filed within three months of the will being admitted to probate (Mississippi Code § 91-7-25). It is essential to act quickly, as delays can result in losing your right to challenge the will.

2. Executor Misconduct

The executor (or personal representative) has a legal responsibility to manage the estate in a fair and transparent manner. If they fail to do so by delaying distributions, misusing assets, or showing favoritism towards certain heirs, beneficiaries may seek to remove them.

If misconduct is proven, the court may remove the executor and appoint a neutral administrator. By keeping detailed records and seeking legal advice early, you can prevent long-term damage to your estate.

3. Ambiguous or Outdated Wills

Wills that contain unclear language, missing beneficiaries, or outdated provisions often lead to confusion. For instance, what happens if the person named as an heir precedes the person who makes the will? Or, what if a trust provision in the will conflicts with another provision?

Under Mississippi’s anti-lapse statute (§ 91-7-247), if a beneficiary dies prior to the testator, their share may be passed on to their descendants, unless the will specifies otherwise.

When ambiguity arises, courts use rules of interpretation to determine intent. However, legal disputes can often be resolved through mediation or by seeking a declaratory judgment from a Chancery Court.

4. Disputes Over Asset Distribution

Even when a will exists, there are often disagreements about how assets should be divided, especially real estate, family businesses, and sentimental items. If there are no clear instructions in the will, partial intestate succession applies, and the distribution follows Mississippi’s intestacy laws (§ 91-1-3)

For example, if a person’s spouse and children survive, their estate is divided between them according to statutory rules. Conflicts often arise from misunderstandings of these rules.

Attorney gives the client a pen to sign a document

5. Creditor Claims Against the Estate

Creditors have up to 90 days from the date of the first publication to file a claim against the estate. The executor must review these claims and either accept them or dispute them.

Disputes can arise when:

  • Unreasonable or fraudulent claims are made
  • Family members believe that debts are being overstated
  • There is not enough estate value to cover both the debts and the inheritances

Facing a Probate Dispute? Let Us Guide You.

If you are an executor, administrator, or beneficiary of a probate case, you don’t have to go through it alone. We at our firm are deeply committed to providing personalized and strategic solutions. We will take the time to understand your unique situation and work to advocate for your best interests.
Contact our office today to schedule a consultation and let our nearly five decades of experience help provide clarity and resolution during this difficult time.