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Mississippi Probate Questions & Answers
0 Answers | Asked in Probate for Mississippi on
Q: what is process to execute will in probate
1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Mississippi on
Q: What type of new Deed transfers property from an Administratrix Deed in MS? After Death, but with Judge's Orders?

Because i still need to transfer title after filing Affadavit To Heirship(?)

THANK YOU!!!

James L. Arrasmith
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answered on Jan 13, 2024

To transfer property in Mississippi from an Administratrix Deed after someone's death with the judge's orders, you typically need to use a Quitclaim Deed or a Warranty Deed, depending on the circumstances.

First, ensure that you've filed the Affidavit of Heirship as required...
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1 Answer | Asked in Probate for Mississippi on
Q: In MS, What type of new property deed do I need to create &file for inherited property -after court, no will, w/Orders?
Anthony M. Avery
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answered on Jan 8, 2024

If probate is closed, then hire a MS attorney to determine heirship and record an Affidavit of Heirship as the heirs source of title. Remember someone has to pay taxes, insurance and any mortgage notes.

1 Answer | Asked in Probate for Mississippi on
Q: My father passed away in 2022 of COVID. My father had a will my stepmom has told me my father left everything to her.

She has not probate the will .me and my dad was really close .and for him to cut me out of his will puts red flags up since stepmom has not probated the will.how can I get a copy of will or what is my rights

John Michael Frick
John Michael Frick
answered on Sep 24, 2023

You can file an application to probate your father’s estate intestate and ask to be appointed independent administrator of his estate.

If stepmom has a will that leaves everything to her, she will oppose your application and will have to tender the will to the probate court and ask that...
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1 Answer | Asked in Libel & Slander, Criminal Law and Probate for Mississippi on
Q: Someone had a car towed to my house they pased away 2 days later 10 monts go by then someone showes up to get the car

I told them their was storeag bill and they went and reported the car stolen and told law were it was and that i stole it

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

If you had an agreement with the person who towed the car to your house to pay you a storage fee, you have the right to collect that fee from the deceased person's estate if the estate had enough money to pay that claim. You must present your claim with written evidence of the storage... View More

1 Answer | Asked in Cannabis & Marijuana Law, Estate Planning, Elder Law and Probate for Mississippi on
Q: Can a judge deny to grant you conservatorship based off the potential conservator having a medical marijuana card?
T. Augustus Claus
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answered on Jul 14, 2023

A judge has the discretion to consider various factors when deciding whether to grant conservatorship, including the potential conservator's circumstances and qualifications. While having a medical marijuana card may be a factor that the judge takes into account, it does not automatically... View More

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: What do i need to do to to get the house in my name?

Grandmother left the house to my uncle through a warranty deed. Uncle passed 6 months after grandmother. Uncle left house to me through a will. Uncle never went and did anything to have the house put in his name other than the warranty deed grandmother did. What do I do now? I am the only one named... View More

Anthony M. Avery
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answered on Apr 13, 2023

If the Will is not filed for Probate then Uncle's Heirs own the property as tenants in common. If you and the niece are the only heirs, then you might get her to deed her interest to you, with a derivation clause describing heirship. Whatever you do, hire a competent MS to search the... View More

1 Answer | Asked in Probate and Real Estate Law for Mississippi on
Q: My grandparents passed in 2002 willed their house to me. Will the probate process be longer and more expensive?
Anthony M. Avery
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answered on Feb 20, 2023

Probate is probably not an option after 21 years. If you are not an Heir, or there is an adverse occupant, then you may not own any interest at all. Hire a MS attorney to search the title and determine heirship. Hopefully a recorded Affidavit of Heirship will give you a source of title.

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: My mom died in 2015 w/o a will. I am 1 of 3children. We all agree I will get the house. I need to get it in my name.

I recently paid off the mortgage as I have remained living in the home since her death.

Anthony M. Avery
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answered on Feb 1, 2023

Hire a MS attorney to search the title and determine heirship. Then draft a deed from the other siblings over to you, with at least a proper derivation of title clause if not a recorded affidavit of heirship. Get them to execute deed, then record it.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Mississippi on
Q: Do I need to probate my mom's will? I am her only heir, all of her bills are paid & she had no assets in her name.

She had 2 life insurance policies naming me as the only beneficiary. She also had joint checking account with me. I have received 3 checks since her death made out to her estate (the checks were for reimbursement of some insurance premiums). Bank says I need to open an estate account & deposit... View More

Randall R. Saxton
Randall R. Saxton
answered on Nov 29, 2022

No, you can complete a small estate affidavit and present that to the bank.

1 Answer | Asked in Probate for Mississippi on
Q: I was named as executor of my mothers will. However she had nothing to probate.

Her will wanted her bills paid and i plan to do that from annuity money left to me. I also want her medical records. Her asst living facility wont cooperate. Do i need to probate to get a letter of testimentary for this reason and do i really need a lawyer in court when theres nothing to probate?... View More

Anthony M. Avery
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answered on Nov 10, 2022

So called "POA" lost his authority when the principal died, so no POA exists. It does not sound like Probate is needed. Annuity almost certainly passed outside of Estate to designated beneficiary. Decedent's bills are not yours. It sounds like it is over already.

Are you...
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1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: What role does estate lawyer play in MS when the courts appoints a non family administrator of intestate estate.

Mother died without will in MS. One of 9 heirs was unwilling to compromise on division of land and assets, Heirs hired an attorney but courts appointed a non family administrator. What will the attorney use our money for if there is an administrator.

Randall R. Saxton
Randall R. Saxton
answered on Oct 24, 2022

Mississippi requires a lawyer to draft and file all of the necessary pleadings with the chancery court.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Mississippi on
Q: Why does my sister have to pay a lawyer to get my deceased mother's house in her name?

My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... View More

Nina Whitehurst
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answered on Jun 14, 2022

This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or... View More

1 Answer | Asked in Probate for Mississippi on
Q: My son conned my father out of his entire estate. I am the oldest child. How do I contest the will?

My son was adopted by my parents at an early age. My father believed my son conned him out of his estate shortly after my mother passed. I have an audio recording of my father telling my son this and that he wanted it changed back into his name. My father also stated that my sister and I have just... View More

Anthony M. Avery
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answered on May 26, 2022

Hire a competent MS attorney today. More than likely the SOL for an Eviction proceeding is blown, and you are still in possession. The owner/plaintiff will probably have to file an Ejectment suit which is expensive and difficult.

1 Answer | Asked in Probate for Mississippi on
Q: How can I find probate documents for my deceased mother who passed away November 6 2020
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 5, 2022

Go to the Office of the Chancery Clerk in the county in which your mother resides at the time of her death. You can give one of the deputy clerks your mother’s full name, and they will help you pull the file and allow you to make copies.

1 Answer | Asked in Estate Planning, Family Law and Probate for Mississippi on
Q: What do I need to do to secure my minor son’s inheritance from his fathers estate, without help from his family?

I have only seen the Will of my son’s late father, who passed in 2021. The will leaves everything to our son. However, his parents took control over his businesses, properties, vehicles, guns, accounts, everything. His father is the executor and has not told me a single thing about what is... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 27, 2022

You should file a objection with the Court and inform the Court what is going on. There is no reason for the beneficiary to be homeless if there is a house that has been left to him. You can get a copy of the Will from the courthouse. Go to the Chancery Clerk’s office in the county where your ex... View More

1 Answer | Asked in Probate for Mississippi on
Q: Father has no will does his children and his illegitimate children inherit same
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 25, 2022

All of your father’s children will inherit equally from his estate. However, the children born outside the marriage will have to prove paternity if he was not legally declared their father.

1 Answer | Asked in Probate for Mississippi on
Q: My family member died 10 years ago without a will. He had one child who never went through the probate process.

Can this child file an affidavit of heirship in lieu of probate to have the one piece of real estate transferred to him?

Anthony M. Avery
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answered on Mar 21, 2022

The Affidavit of Heirship attests to the Heirs owning as Tenants In Common. It does not transfer anything. Your Relative should hire a competent MS attorney to search the Title, and execute the

Affidavit. He may or may not be an owner or the only one.

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: My mother died August 2017, she had a house in MS that she left to 4 daughters. In September 2019 my niece moved into

The house without permission from 2 of the heirs, and threw out personal belongings in the yard & kept my personal belongings she wanted. The house is still in my mother's name. How do I get my inheritance as being an heir

Anthony M. Avery
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answered on Mar 15, 2022

You should probably hire a competent MS attorney to file an action for Partition.

1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Mississippi on
Q: Will the irs take away my family houses and cars after my dad passes? He owed back tax everything is only in his name.

Basically he has two homes but he’s the only name on the homes and the cars we use. We finally opened his mail and he owes the irs a lot like over 50,000 in back tax.

He is in hospice and not mentally able to do anything like sign anything over or make a will.

I want to get the... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 20, 2022

In order to transfer the titles and deeds of property to another’s name after the death of the title owner, the estate will need to be probated so that the Court can issue an order allowing the transfer. The IRS can, of course, seize property to satisfy the tax debt; however, the question is... View More

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