How Probate Works In Mississippi: A Step-by-Step Guide For Families

In this article, you will discover:

• Who is responsible for managing your estate during probate administration in Mississippi.
• How debts and creditors are handled in the Mississippi probate process.
• The duties of an executor or estate administrator in Mississippi probate.

How Does The Probate Process Begin In Mississippi Probate Courts?

The overall probate process begins with the probate attorney’s initial consultation with you regarding the loss of your loved one. The filing of a Petition to Open Probate initiates the legal probate process.

Who Is Responsible For Managing A Mississippi Estate During Probate Administration?

Any interested party can petition the court to open probate in the estate of a decedent. While the court is not bound to appoint any particular individual as administrator, it will typically appoint the nearest living relative unless there is an objection. In that case, the court will hold a hearing to determine the most suitable administrator.

What Duties Does An Executor Or Estate Administrator Have During Probate?

The estate administrator is legally charged with:

• Marshaling estate assets
• Identifying debts and creditors of the estate
• Identifying heirs and beneficiaries
• Resolving all debts
• Disbursing estate assets to the heirs and beneficiaries

How Are Debts, Claims And Creditors Handled During The Probate Process?

First, you identify all known creditors and send them the Notice of Death. Then, you publish a notice in the newspaper advising the public of the death and informing all potential creditors that they have 90 days to file their claims or be forever barred.

How Can Grieving Families In Mississippi Reduce Legal Confusion During The Probate Process?

Always hire a competent attorney who specializes in probate. This choice will eliminate any legal confusion. There are far too many unqualified attorneys who will take probate cases as part of a general law practice.

Still Have Questions? Ready To Get Started?

For more information on the Mississippi probate process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (228) 467-3400 today.