Probate Law

When a loved one passes away, their material legacy passes out of their hands and into the realm of probate law. If they have carefully planned their estate using trusts and other estate planning tools to keep their assets out of probate court, this process might be quick and easy. But if they have not, or never had the chance to get started on estate planning, the probate process can become legally and emotionally difficult.

Whether you have been put in charge of the administration of a loved one’s estate, or are worried about the procedures or choices involved in a probate case in Mississippi, attorney Joseph Kelly can guide you through the process.

What Is Probate?

In Mississippi, probate is the process of resolving a deceased person’s estate. First, their will is reviewed by the court, and, assuming it is deemed valid, the person’s assets, which include everything from the home they own to the precious belongings inside it, and any bank accounts and businesses, are divided up and distributed according to their wishes.

The individual placed in charge of this process is called the administrator of the estate, and will often be chosen in the will. It will then be their responsibility to identify heirs and beneficiaries, contact creditors and pay debts and taxes, then sell assets and transfer items or funds to those who are set to inherit them.

Probate administration is a complex task, and a serious responsibility for any family member or friend chosen for it. Mistakes can be costly, both emotionally and financially, so it is wise to work closely with a probate administration lawyer, like Joseph Kelly, to avoid errors and minimize conflict.

What Happens During Probate When There Is No Will In Mississippi?

When no last will and testament has been drafted, or no valid will can be identified by the court, the probate process becomes more arbitrary. The deceased is considered “intestate,” and Mississippi law determines who will receive their assets.

In general, this means assets going to immediate family members only, and sometimes not the ones you might expect or hope for. For example, an ex-wife or estranged child might inherit instead of a current partner or beloved stepchild.

The only way to prevent this and maintain control over your estate and what happens to it during probate is to work with an estate planning lawyer ahead of time to carefully prepare your legacy.

Joseph Kelly: Your Mississippi Probate Lawyer

Probate is a difficult process for many families. Conflicts can emerge, complex sales and unexpected debts can crop up, and emotional tensions can lead to financial drains on the value of the estate. Working with a skilled estate administration lawyer can help reduce the frequency of costly mistakes and smooth over tensions or resolve conflicts before they escalate into costly disputes.

In Hancock County, Harrison County and in probate courts throughout Mississippi, Joseph Kelly stands out as a highly experienced probate lawyer offering both skilled guidance and compassionate advocacy. If you have been placed in charge of a loved one's estate or its probate, he should be your first phone call.

If you are worried about your own estate and how its probate might treat your loved ones and legacy, Joseph Kelly can also help you plan ahead to avoid it entirely, but only if you reach out in time.

Can Probate Be Entirely Avoided In Mississippi?

The probate process is only required for the transfer of assets still held in the deceased's name. Things like cars, homes, and bank accounts have to be handled carefully to avoid misuse, abuse, or theft. However, if your assets are all set to be transferred automatically upon death, or have already been legally transferred to another entity, Mississippi probate can often be bypassed entirely.

There are many estate planning tools and services available to help avoid probate in Mississippi. Trusts, pour-over wills and beneficiary designations can all contribute to shielding an estate from probate and all its costs and consequences.

By thinking ahead and working with an estate planning attorney like Joseph Kelly, you can protect your legacy and your loved ones from a difficult probate process after your death, or even avoid probate entirely.

Secure Your Legacy And Protect Your Loved Ones By Calling Today

When a loved one passes on, the resolution of their estate occurs according to probate law, but that does not mean it is entirely out of your hands. Whether you have been put in charge of the administration of a beloved family member’s estate, or are planning for how your own estate will be processed during Mississippi probate, the choices you make can have a significant impact on your loved ones and legacy. Especially your choice of attorney.

If you want a smooth probate process, or want your loved ones to avoid it entirely, reach out today to Joseph Kelly by calling or requesting a consultation online. He will guide you through the decisions ahead so that your loved ones and your legacy will be protected during or from probate.

FAQ For Probate In Mississippi:

How Long Does The Probate Process Take In Mississippi?

The probate process can take anything from a few months to several years, depending on the complexity of the estate, the types of assets involved, the estate planning done beforehand, and whether any conflicts emerge between beneficiaries or over asset division and distribution.

How Much Does Probate Cost In Mississippi?

Probate is not meant to be a drain on family resources, but some bureaucratic costs are inevitable. Hiring a probate lawyer like Joseph Kelly can add some initial expenses, but we can also help avoid much more costly conflicts, mistakes, and challenges, reducing the overall cost of the probate process.