Understanding Probate in Mississippi

Probate is the court-supervised process of transferring property after someone’s death. The goal is to ensure debts are paid and assets are distributed according to the law or the person’s will.

In Mississippi, probate is handled through Chancery Court, which oversees estates, guardianships, and related matters. The process generally involves:

1. Filing the Will or Petition: The executor submits the will, or if there’s no will, an interested party petitions to open the estate.
2. Appointing the Executor or Administrator: The court formally authorizes a personal representative to manage the estate.
3. Inventorying Assets: All property, accounts, and debts are identified and valued.
4. Paying Debts and Taxes: Creditors are notified and valid claims are paid from estate funds.
5. Distributing Remaining Assets: After debts are resolved, the rest is distributed to heirs or beneficiaries.

Our attorneys handle each step precisely, ensuring compliance with court requirements and protecting the estate from unnecessary delay or dispute.

When Probate Is Required

Not every asset must go through probate. We help families determine whether a full probate proceeding is necessary or if certain assets can transfer more directly.

Assets that often require probate include:

• Property titled solely in the decedent’s name
• Bank accounts without joint ownership or payable-on-death designation
• Real estate not held in a trust
• Business interests or investment accounts

Assets that may avoid probate include:

• Jointly owned property with right of survivorship
• Assets in a revocable living trust
• Life insurance proceeds with named beneficiaries
• Retirement accounts with up-to-date beneficiary designations

Understanding which category your assets fall into is key to moving the process forward efficiently.

Executor Responsibilities in Mississippi

Executors and administrators have significant legal duties under Mississippi law. These include:

• Managing and safeguarding estate property
• Notifying heirs and creditors
• Filing necessary tax returns
• Keeping detailed financial records
• Reporting to the court as required

Executors often face strict deadlines and can be held personally liable if filings are late or assets are mishandled. We help clients stay compliant by tracking court requirements, preparing inventories, and responding to creditor claims promptly. Our attorneys handle communication with the court and beneficiaries, allowing executors to focus on carrying out their loved one’s wishes without unnecessary stress or confusion.

Will Contests and Probate Disputes

Disputes can arise during probate, especially when questions exist about the will’s validity or asset distribution. Our attorneys handle cases involving:

• Allegations of undue influence or lack of capacity
• Disagreements among heirs or beneficiaries
• Conflicts over accounting or property valuation
• Claims against the estate or executor misconduct

We work to resolve disputes quickly and efficiently through negotiation whenever possible. When litigation becomes necessary, our trial experience in Chancery Court ensures your case is presented with clarity and precision.

Avoiding Probate in the Future

Many families choose to plan ahead to simplify or eliminate probate for their heirs. We help clients create revocable living trusts, joint ownership arrangements, and beneficiary designations that allow assets to transfer directly to loved ones.

These tools do more than save time. They keep financial matters private, reduce legal costs, and help ensure property is distributed exactly as intended. Proper planning can also prevent family disputes by leaving clear instructions and minimizing the court’s role.

Our attorneys review each client’s assets, family structure, and long-term goals to design a plan that fits their needs. By putting the right documents in place now, you can spare your family months of uncertainty and keep control over how your estate is handled.

Modifying or Closing an Estate

We assist clients with closing estates and securing final discharge orders from the court. If errors or omissions occur during administration, we help correct them through amended filings or supplemental reports. Our goal is to ensure every estate concludes cleanly, lawfully, and with full accountability.

Call for a Consultation: (662) 371-6580

Probate can be complex, but you don’t have to handle it alone. At Stroud, Flechas & Dalton, we provide steady guidance and proven experience to help families efficiently resolve estates. 

Call (662) 371-6580 or contact us online to speak with a Southaven probate lawyer today.