Frequent Questions About Mississippi Probate
Important Note: These questions and their responses are for general information only. We only provide legal advice to clients who have engaged us to represent them by signing a written agreement with our firm. Nothing on this website should be considered legal advice as to your specific situation. For further information, contact one of our Mississippi probate lawyers today.
When is probate required in Mississippi? Do I need probate?
Probate is generally required if a deceased person died with Mississippi assets in his or her name and those assets do not pass automatically at the person’s death. There are some alternatives to probate, which are discussed more fully in Alternatives to Mississippi probate. If real estate is involved, see our section on Mississippi Probate and Real Estate.
How long does probate take in Mississippi?
It depends. In the best of circumstances, Mississippi probate usually takes 4 to 6 months. This would only be possible if the estate was fairly simple, all interested parties are agreeable, and documents are signed and returned to Mississippi probate lawyers in a timely manner. This is a floor, not a ceiling; the more complicated the estate, the longer probate will take. Complicating factors include estate taxes, acrimony between beneficiaries, complicated property arrangements, and failure of the client to promptly return documents and provide information. Our Mississippi probate lawyer has dealt with probates that have lasted more than a decade, but this would be unusual for most estates. Most of our Mississippi probates are finished within a one year period, often less.
What are the alternatives to Mississippi probate?
If the person has already passed away, Mississippi provides several alternatives to probate. Because of the requirements of each of these alternatives, their usefulness is somewhat limited. More information is available at Alternatives to Mississippi Probate. If you are interested in avoiding probate in your estate, please see our section on How to Avoid Probate.
Must Mississippi probate lawyers be involved? Can I represent the estate myself?
Mississippi law requires all Mississippi estates to be represented by Mississippi probate lawyers. Every Mississippi estate must be represented in court by an attorney. Mississippi Uniform Chancery Court Rule 6.1 requires every fiduciary (such as an executor or administrator) to be represented by an attorney unless such fiduciary is an attorney.
What is an Executor/Administrator/Personal Representative?
The person named in the decedent’s will or appointed by the court to carry out the terms of the will and manage the decedent’s estate is known as an executor (male) or executrix (female). If the decedent died without a will, called dying intestate, this person is known as an administrator (male) or administratrix (female). The term personal representative encompasses both executors and administrators. See Mississippi Executor Duties and The Mississippi Probate Process for more information about the role of an executor/administrator in the Mississippi probate process.
I live out-of-state. In order to probate the estate, will I need to travel to Mississippi?
Probably not. In Mississippi, most uncontested probate matters are handled through ex parte proceedings, where Mississippi probate lawyers appear on the client’s behalf to present the various petitions to the probate judge (chancellor). As a result, most uncontested probate matters can be handled by correspondence between Mississippi probate lawyers and their clients, without the need for clients to travel to Mississippi for face-to-face meetings. Because many of our clients are out-of-state, our Mississippi estate lawyer is familiar with this process and know how to facilitate long-distance attorney-client relationships.
Am I limited to Mississippi probate lawyers in my county? Must the probate lawyer have an office in the same city or county as the decedent?
Not usually. Mississippi probate matters are handled by chancery courts. Mississippi is divided into judicial districts, including chancery court districts. Chancellors within a judicial district can hear cases filed in counties within that judicial district. For example, in the 8th Chancery Court District, four chancellors hear matters brought in Harrison, Hancock, and Stone County. If the decedent died in Hancock County, the probate proceeding would be opened in Hancock County. However, a chancellor sitting in Harrison County could hear petitions pertaining to the estate proceeding since Hancock County and Harrison County are in the same judicial district. This means that an attorney practicing in Biloxi, Mississippi, could easily handle a probate proceeding filed in Bay St. Louis, Mississippi, through the Harrison County courthouse. Because of this chancery court district system, Mississippi probate lawyers can usually handle estate proceedings on a regional (as opposed to city-specific) basis.
I am the executor of a small estate that held a piece of real estate in Mississippi. Is there a way to simply pass title to the real estate without the need for a full Mississippi probate proceeding? I have heard about Mississippi’s muniment of title statute and would like to know if it is a viable option.
A will may be probated as a muniment of title if the value of the decedent’s personal property is no more than $10,000 and all known debts of the estate have been paid. Both residents and nonresidents can use the muniment of title procedure. For more information, see our Sections on Muniment of Title and Alternatives to Mississippi Probate.
How long do I have to probate a will in Mississippi?
Unlike some states, Mississippi does not have a statute of limitations for probating a will. This means that a will can technically be admitted to probate regardless of how much time has passed since the decedent’s death. In Fatheree v. Lawrence, 33 Miss. 585 (1857), the court admitted a will to probate even though it had been 23 years since the testator’s death! Even so, most Mississippi probate lawyers would not recommend waiting, as the length of time since death often increases the risk of complications with the probate proceeding.
I was named as an executor of a Mississippi estate. Am I entitled to payment from the estate for my services?
Like Mississippi probate lawyers, Mississippi executors and administrators are usually entitled to a reasonable fee for their services. In Mississippi, an executor or administrator is entitled to reasonable compensation unless the will directs otherwise. Unlike some other states, the amount of the executor’s fee is not based strictly on a percentage of the estate’s value. Instead, the fee must be “reasonable” and must be approved by the court. To determine whether the fee is reasonable, the court will look to the value and worth of the estate, the difficulty of the duties to discharge, the mechanical work of making out the estate reports, the collection and disbursement of money, and the skill and responsibility involved in the estate administration. The executor’s petition for payment of executor’s fees should show the amount of the estate, the total amount disbursed, the balance on hand, the nature and extent of the services rendered, and the expenses incurred by the executor.