When a loved one passes away in Mississippi, families face the question of which assets will go through probate and which will pass directly to beneficiaries. Understanding this distinction is crucial, as it can make all the difference in the world between a smooth estate settlement and a long, drawn-out legal process.

At Gregory D. Keenum, PA, our team of experienced attorneys is here to help Mississippi families navigate these complex issues with clarity and compassion. With nearly 49 years of combined legal experience, we are well-equipped to provide the guidance and support needed during this difficult time.

What Is Probate in Mississippi?

Probate is a legal process that involves the court supervising the administration of a deceased person’s estate, paying debts, and distributing remaining assets to heirs or beneficiaries. This process is governed by Title 91 of the Mississippi Code, which outlines specific rules for administering estates of descendants in Mississippi.

The process typically begins when an executor (named in a will) or an administrator (appointed by the court if there is no will) files a petition with the court in the county where the deceased person lived. Mississippi Chapter 7 of Title 91 sets out how estates are administered, debts are settled, and property is eventually distributed. The probate process in Mississippi can take anywhere from a few months to more than a year, depending on the complexity of the estate.

Probate Assets: What Passes Through the Court

A probate asset is any property owned by the deceased person that does not automatically pass to another person upon their death. Some common examples include:

Solely Owned Real Property

Real estate that is titled in the name of a deceased person, without a co-owner or a transfer on death deed, must undergo probate before title can be transferred to heirs. The Mississippi Uniform Disclaimer of Property Interests Act (Mississippi Code §89-22) allows owners to use a transfer on-death deed to avoid probate if the deed is executed and recorded before death.

Personal Property Without Beneficiary Designations

Vehicles, bank accounts with payable-on-death (POD) designations, household contents, and other personal property titled solely in the name of the deceased are subject to probate. Without a valid beneficiary or co-owner, these assets need to be distributed through the court process.

Debts Owed to the Deceased

Any money owed to the deceased, such as a personal loan from a family member, becomes part of the estate and must be collected and managed according to the relevant laws.

Non-Probate Assets: What Passes Automatically

Non-probate assets are transferred directly to a named beneficiary or co-owner upon death, bypassing the need for a court process. These assets are governed by contract or title laws, rather than a will, and are not subject to Mississippi intestate succession statutes found in Miss. Code § 91-1.

Life Insurance Policies

When a life insurance policy names a specific beneficiary, the death benefit is paid directly to that person without going through probate. The insurance company pays the beneficiary when they receive a death certificate, without involving the courts.

Retirement Accounts and IRAs

Accounts such as 401(k)s and IRAs are transferred directly to the named beneficiary under federal law. These accounts are governed by the Employee Retirement Income Security Act (ERISA), which overrides state probate laws in most cases.

Jointly Owned Property With Right of Survivorship

Real estate or bank accounts held in joint tenancy with the right of survivorship automatically passes to the surviving owner(s). Mississippi recognizes this type of ownership, and the transfer of title occurs through operation of law rather than through the probate court process.

Payable-on-Death and Transfer-on-Death Accounts

Bank accounts with POD (Payable on Death) designations and investment accounts with TOD (Transfer on Death) designation transfer directly to the named beneficiary upon death. These designations are set up with a financial institution and are separate from any instructions in a will.

Living Trusts

Assets held in a revocable living trust, which are properly funded in accordance with Mississippi law, are transferred to beneficiaries without going through probate proceedings. The successor trustee then manages and distributes these assets according to the terms of the trust document after the grantor passes away.

Seek Experienced Legal Guidance in Mississippi

Every estate is different and the line between probate and non-probate assets can be unclear. Outdated beneficiary designations, incorrectly titled property, or unfunded trusts can lead to unexpected probate. At Gregory D. Keenum PA, our lawyers have helped Mississippi families with estate planning and probate for over five decades. 

Whether you need to create an estate plan or manage a loved one’s affairs, we are here to assist you every step of the way. Contact us today to get started.