Questions for a Probate Attorney in Mississippi: Does All Property Go Through Probate?
Probate attorneys in Mississippi are charged with the responsibility of helping a deceased’s loved ones through the probate process. This is the court procedure that closes out a person’s estate when he or she has passed away. If the deceased did not set up a trust, then there is a very high chance that probate will be necessary.
During the probate process, the deceased’s property needs to be accounted for, a responsibility that usually falls to a person appointed by the courts. Again, the probate attorney will help the family member or other appointed individual by directing him or her in how to do this accounting. One of the biggest questions at this time is what property goes through probate, and what property is exempt?
Laws can differ from state to state, so it’s important to meet with a Mississippi probate lawyer to ensure you have all of the relevant information. That said, here are some general guidelines to follow:
- Real estate, personal possessions, and some bank accounts need to be accounted for and go through the probate process
- Life insurance generally does NOT go through probate, as there is a named beneficiary
- Many retirement accounts do NOT go through probate, either, for the same reason
- Some bank accounts do NOT go through probate, if the deceased set them up as “Pay-on-death” or “in trust for”
- Living trusts do NOT go through probate, which is one of the main reasons for creating them in the first place
Keep in mind that simply having a will does not necessarily circumvent the probate in Hinds County. While this document is helpful in determining how your estate is to be distributed, the courts will still have to determine its validity and pay any outstanding debts from the estate. What is left can then be distributed according to the wishes outlined in the will.
There are some complaints with the process that probate lawyers in Clinton hear regularly. For one thing, it can be costly. It also takes a considerable amount of time for the estate to go through probate. Finally, the process is public, which means that pretty much anyone can have access to information regarding the value of the estate and how it is distributed. In many cases, these are simply unavoidable annoyances. If these are major concerns for you, then talk to a probate lawyer in Clinton, Flowood, Brandon, or Canton in advance so you can determine how best to protect your assets in a way that avoids probate altogether.
Tags: Canton Mississippi Probate Lawyer, estates and probate attorney in Jackson, Hinds County Probate, Probate, probate attorney in Mississippi
9 People have left comments on this post
Great post! Thank you for helping me understand what a probate attorney is. I like how you said that probate attorneys”are charged with the responsibility of helping a deceased’s loved ones through the probate process. This is the court procedure that closes out a person’s estate when he or she has passed away. If the deceased did not set up a trust, then there is a very high chance that probate will be necessary.”. When my grandpa passed away, a probate attorney really helped to organize and distribute everything evenly among my aunts, uncles, and parents.
That is smart to depend on a probate lawyer for ensure that you have all the relevant information for your case. That is interesting that real estate accounts need to be accounted for in the probate process. I like your idea of bringing up any major concerns that you have with your probate lawyer.
It is good to know what things do and don’t go through probate. I’m sure that most of us know that it is mainly used for real estate. You are right that just because you have a will, doesn’t mean that the probate process won’t happen. I’d just be sure to hire someone that knows what they are doing.
This post was actually very helpful for me, especially since I don’t really know a whole lot about this subject. I didn’t realize that life insurance generally doesn’t go through probate, as there is a named beneficiary. It would make sense though that real estate, personal possessions, and some bank accounts need to go through the probate process. Thanks for sharing this!
These are really good tips for what to do when meeting with a Probate lawyer. I didn’t know that a will was not secured on where your estate when. I would want to meet with a lawyer and straighten everything out so items I own can go where I want it to.
That’s really interesting to know that life insurance generally does not go through probate. A friend of mine is currently dealing with some inheritance issues and he wasn’t sure where to turn. I’ll have to let him know that a probate attorney might be able to help him out. Thanks for the info!
That’s interesting the courts pay any outstanding debt before distributing it. I never knew that the court had so much say over a will. I’d hope that my will can be considered valid.
I appreciate knowing that laws on what goes through probate can vary from state to state, but that even if we have a will that there could be a long probate process to make sure it’s valid and handled properly. My father passed away unexpectedly and we’re not sure what is going to happen with his property. Getting a lawyer that can help us know how to handle it might make the process move faster.
Thanks for explaining to me that a probate attorney helps whoever has been appointed to handle the property of a diseased person does their accounting. My uncle is not doing too well and we’ve been told that he probably won’t make it. He doesn’t have a wife or kids so he’s leaving me with his property so now I know who to go to in order to get help with that.