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Mississippi Elder Law Firm: Why Probate Takes So Long…

The probate process in Mississippi is the legal process by which a person’s assets are identified, valued, and distributed after they pass away. It is the responsibility of the personal representative, also known as the executor, to manage the probate process and ensure that the deceased’s wishes are carried out.

There are two types of probate in Mississippi: formal and informal. Formal probate is a more formal and legal process that is typically used when there is a will or if there is a dispute among the heirs. Informal probate is a simpler process that is typically used when there is no will or if all of the heirs agree on how the assets should be distributed.

To start the probate process, the personal representative must file a petition with the appropriate probate court in the county where the deceased lived. The petition must include a copy of the will (if there is one) and a list of the deceased’s assets and debts.

The probate court will then appoint an administrator to oversee the probate process. If there is a will, the administrator will be the personal representative named in the will. If there is no will, the court will appoint an administrator based on the state’s laws of succession.

Once the administrator is appointed, they will begin the process of identifying and valuing the deceased’s assets. This includes everything from real estate and personal property to financial accounts and business interests. The administrator will also be responsible for paying any outstanding debts and taxes. There is a built-in time delay to make sure all creditors have been notified and all debts paid by the estate.

If there is a will, the administrator will follow the instructions in the will to distribute the assets to the beneficiaries. If there is no will, the assets will be distributed according to the state’s laws of succession.

Can Probate Be Avoided

Absolutely. There are legal planning strategies that allow a person’s assets to pass to their heirs without having to deal with attorney’s fees, the court system, or time delays. If you’re interested in avoiding probate, we’d love to talk with you about your different options.

The probate process can be complex and time-consuming, and it is important to have an experienced attorney to guide you through the process. If you are a personal representative or an heir involved in a probate case in Mississippi, it is in your best interests to seek legal advice to ensure that the process goes smoothly and that the deceased’s wishes are carried out. Give us a call at 601.925.9797 or click here to schedule an appointment with one of our attorneys.

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