The Fiduciary Duty of a Probate Lawyer in Mississippi
After an individual passes away in Mississippi, certain fiduciary responsibilities are designated to the executor, the trustee(s) of an estate, and the probate lawyer if hired. Together, they must ensure that the wishes of the deceased are carried out and manage the estate administration process on behalf of the beneficiaries. Most estates in Mississippi are subject to probate before assets can be distributed to the heirs, a process that may require the assistance of a probate lawyer to complete. Let’s take a closer look at the fiduciary duties of probate lawyers, executors, and trustees. Book A Consultation ...
How to Avoid Probate in Mississippi
Before the assets included in a will can be distributed by an estate executor in Mississippi, the will must generally be probated. This legal process is initiated at the local courthouse and may take considerable time to finalize, as well as creating some additional costs for the estate. For estate planners, executors, and heirs, there may be benefits to planning ahead to ensure that some or all assets can be distributed without probate. Here is what you need to know. Book A Consultation Probate in Mississippi After an individual with a will passes away in Mississippi, the ...
How Does Mississippi Probate Work?
When a person dies in Mississippi, probate is the legal process through which a deceased's assets are collected, identified, valued, and distributed to creditors and/or their heirs. Generally speaking, probate involves the appointment of an executor or administrator by the local Chancery Court who is responsible for collecting all probate assets owned by your loved one at death. Book A Consultation What is a Probate Asset? In Mississippi, probate assets include all real and/or personal property which you own at death that does not pass to your heirs or beneficiaries by operation of law. This would apply whether ...
Probate in Mississippi Takes Place in Chancery Court
When a person with assets dies in Mississippi and they have made a will, the estate is said to be testate. If there is no will, the estate is intestate and that can complicate matters somewhat depending on the number of potential heirs and the size of the estate. In the case of a will being available, it must be "proven." Proving a Will is Valid Probate is proving that the will is valid. Proving it is valid does include providing the court with a copy of the will attached to the petition to probate. Chancery Court is where estates ...
