Our Mississippi probate attorney and support personnel represent individuals and corporate fiduciaries throughout the United States in Mississippi probate matters. If you live out of state, chances are that a Mississippi probate attorney can handle your case through mail correspondence with you and attend probate court hearings on your behalf, without any need for you to appear in court.

Our Mississippi probate attorney helps executors, families, and beneficiaries transfer assets to the next generation as quickly and efficiently as possible. Our goal is to provide timely service and streamline what can become a time-intensive, aggravating process. Our reputation for excellence in estate services has been earned by our emphasis on client satisfaction and responsiveness.

Our Mississippi probate attorney can guide you through the estate administration process. We assist clients with all aspects of estate administration, including collecting the decedent’s assets, notifying creditors, dealing with claims against the estate, filing necessary tax returns, preparing an inventory of the estate, and transferring the estate assets to the proper beneficiaries. Mississippi probate attorney services include:

Mississippi Probate Attorney Services for Testate Estates (Estates with a Will)

A person who dies with a valid Last Will and Testament is said to have died “testate.” This means that the terms of the will–as opposed to the Mississippi laws of intestacy–will determine the disposition of the deceased person’s estate. Our Mississippi probate attorney helps executors and administrators understand relevant law and bring a deceased person’s affairs to a quick and cost-efficient closing.

Mississippi Probate Attorney Services for Intestate Estates (Estates Without a Will)

Intestacy is the condition of having died without a valid will or with a valid will that does not effectively dispose of all of the deceased person’s property. The estate of a person who died without a will is commonly referred to as an “intestate estate.” Although Mississippi intestate administrations are procedurally similar to testate proceedings, there are some traps for the unwary. Key differences include the need to file a suit to determine heirs and bonding requirements. Our Mississippi probate attorney represents individuals throughout the United States in the administration of intestate Mississippi estates.

Mississippi Probate Attorney Services for Ancillary Probates

Unlike some other states, there is no such thing as an ancillary probate in Mississippi. In other words, Mississippi does not have a shortened procedure that applies when a will has been probated in another jurisdiction. However, if the deceased person’s will or estate has already been admitted to probate in another state, there are some differences in how the Mississippi probate attorney should handle your state. Our Mississippi probate attorney is well-acquainted with the nuances of admitting an out-of-state will to probate.

A Mississippi Probate Attorney Can Help Evaluate Alternatives

In a limited number of circumstances, there may be a way to accomplish your goals through an alternative to probate. These alternatives to probate include a muniment of title proceeding or an affidavit of heirship. Although these procedures have their limitations, a Mississippi probate attorney in our firm can help you identify your goals and determine the most efficient way to accomplish your goals.

Mississippi Probate Overview

Although Mississippi probate process is not as burdensome as some states, it does require effort. Fortunately for you, the Mississippi probate attorney handles much of the paperwork. For the simplest estates, a Mississippi probate attorney can usually move the estate through the probate process in 4 to 8 months, depending on the circumstances. If estate taxes are owed or beneficiaries are not cooperative, the probate proceeding will take longer. Because there is a 90 day window during which the estate must remain open for creditors to submit their claims, a Mississippi probate attorney cannot close an estate in less than 4 months, even in the best circumstances.

Many Mississippi estates have special circumstances that lengthen the time it takes to conclude the probate proceeding. Special circumstances include the need to sell estate assets during the estate administration, disputes among beneficiaries or family members, the need to file estate tax returns, or difficult assets such as ownership of a family business. If any of these circumstances are present in your case, you should let your Mississippi probate attorney know so that these factors can be streamlined to the greatest extent possible.

Forms of Mississippi Probate

There are two primary ways in which a will can be admitted to probate in Mississippi: common form and solemn form. The solemn form procedure requires all interested parties to be served with formal, legally-sufficient notice of the hearing on the issue of whether the will should be admitted to probate. Unless a will contest is likely, solemn form probate is rarely used. Instead, most Mississippi probate attorneys will recommend a common form probate, which is often shorter and less expensive than a solemn form probate since it does not require formal notice to interested parties.

Do You Need a Mississippi Probate Attorney?

When people prepare their wills, they usually choose a friend or family member to serve as executor and handle the winding up of their affairs. They trust these individuals to act in their best interests and see that their last wishes are carried out. If a person dies without a will, a friend or family member will usually serve as an administrator to wind up the deceased person’s affairs. If you find yourself in this position, you may be a little overwhelmed with understanding your exact role in the probate process. The list of tasks can seem daunting, especially if you are located outside Mississippi or are still grieving the loss of a loved one.

Our Mississippi probate attorneys are experienced in guiding executors and other personal representatives through the Mississippi probate process, including:

• Interpreting the will or determining the effect of having no will
• Gathering assets of the estate
• Paying creditors (including liquidation of assets)
• Filing Mississippi and federal estate and/or income tax returns (if necessary)
• Paying claims against the estate and administrative expenses
• Distributing estate assets to the right beneficiaries

This process can often be confusing, requiring court filings and other documentation that most people are unfamiliar with. In recognition of this, the Mississippi legislature does not allow “do it yourself” probates. All Mississippi estates must be represented in court by a Mississippi probate attorney. This is required by Uniform Mississippi Uniform Chancery Court Rule 6.1, which requires every fiduciary (such as an executor or administrator) to be represented by a Mississippi probate attorney unless such fiduciary is an attorney. This means that, unless you yourself are an attorney, you will need a Mississippi probate attorney to admit an estate to probate.

Our firm represents executors and beneficiaries throughout the United States on Mississippi probate issues. Contact us today for a free telephonic consultation with a Mississippi probate attorney about your Mississippi probate needs.

Areas Served by Our Mississippi Probate Attorneys

Harrison County Probate

Harrison County is part of the 8th Chancery Court Judicial District, which also includes Hancock and Stone Counties. Our probate attorneys handle estate matters in the cities of Biloxi, Gulfport, Pass Christian, D’Iberville, and the surrounding communities.

Jackson County Probate

Jackson County is part of the 19th Chancery Court Judicial District, which also includes George and Greene Counties. Our probate attorneys handle estate matters in the cities of Ocean Springs, Gautier, Pascagoula, Moss Point, and the surrounding communities.

Hancock County Probate

Hancock County is part of the 8th Chancery Court Judicial District, which also includes Harrison and Stone Counties. Our probate attorneys handle estate matters in Bay St. Louis, Waveland, Diamondhead, Kiln, and the surrounding communities.

Forrest County Probate

Forrest County is part of the 10th Chancery Court Judicial District, which also includes Lamar, Marion, Pearl River, and Perry Counties. Our probate attorneys handle estate matters in Hattiesburg, Petal, Oak Grove, and the surrounding communities.

Lamar County Probate

Lamar County is part of the 10th Chancery Court Judicial District, which also includes Forrest, Marion, Pearl River, and Perry Counties. Our probate attorneys handle estate matters in Hattiesburg, Purvis, Lumberton, and the surrounding communities.

George County Probate

George County is part of the 19th Chancery Court Judicial District, which also includes Jackson and Greene Counties. Our probate attorneys handle estates in Lucedale, Agricola, and the surrounding communities.

Perry County Probate

Perry County is part of the 10th Chancery Court Judicial District, which also includes Lamar, Forrest, Marion, and Pearl River Counties. Our probate attorneys handle estate matters in New Augusta, Beaumont, Richton, and the surrounding communities.

Greene County Probate

Greene County is part of the 19th Chancery Court Judicial District, which also includes George and Jackson Counties. Our probate attorneys handle estate matters in Leakesville, McClain, and the surrounding communities.

Stone County Probate

Stone County is part of the 8th Chancery Court Judicial District, which also includes Harrison and Hancock Counties. Our probate attorneys handle estate matters in Wiggins, Perkinston, and the surrounding communities.

Marion County Probate

Marion County is part of the 10th Chancery Court Judicial District, which also includes Lamar, Forrest, Perry, and Pearl River Counties. Our probate attorneys handle estate matters in Columbia and the surrounding communities.

Pearl River County Probate

Pearl River County is part of the 10th Chancery Court Judicial District, which also includes Lamar, Forrest, Perry, and Marion Counties. Our probate attorneys handle estate matters in Picayune, Poplarville, Lumberton, and the surrounding communities.