What is probate, exactly? Probate is the formal process that handles the distribution of the assets of the deceased. The probate process involves:

• Determining the validity of a will
• Ensuring taxes and debts are paid
• Documenting the property of the decedent
• Distributing assets under will and state laws

The probate process varies from state. Some states have a more complex probate process like California, while Texas probate is much simpler.  Mississippi’s probate system falls somewhere in between.  There are several legal hoops to jump through to complete probate and unlike in many states that use special masters or other non-judicial means of probate oversight, in Mississippi the probate process is overseen by a Chancery Court Judge.

Out of State Probate Issues

Probate can be a long and harsh process. If a loved one lived in one state, but solely owned property in another, two probates can be required. This simply means that there may need to be a probate in each state. The reasoning? Real estate is always governed by the law of the state in which it’s situated, not the law of the state where the owner lives.

This is known as The Ancillary Probate Process. The executor will most likely need to find a probate lawyer in the other state to handle the probate.

There are a few ways to avoid Ancillary Probate which can spare the family expense and headache, depending on state laws they may include:

• Putting the property in a revocable living trust.
• Owning the property in a joint tenancy, tenancy by the entirety or community property with right of survivorship.
• Recording a transfer-on-death deed for said property.

There is a Light at the End of the Tunnel

Understanding the ends and outs of probate law can be difficult and frustrating, but that’s why we do what we do. Our firm is here to help you navigate through the difficulty that any situation may bring. If we can help, please give us a call and we can answer any questions you may have.

~ Ronald Morton