How Probate Works in Mississippi

The will is probated in chancery court and the executor (or an administrator) takes an oath and receives letters testamentary or letters of administration. The executor must make reasonably diligent efforts to identify creditors and mail them notice, file an affidavit of those efforts with the clerk, and then publish a notice to creditors in a county newspaper for three consecutive weeks. Claims are probated and registered with the clerk, and proof of publication must be filed before the court enters a final decree of discharge.

Creditors must probate and register their claims within 90 days after the first publication of the notice to creditors, or the claims are barred.

An executor named in a will is entitled to letters testamentary unless, when letters are granted, the person is under 18, of unsound mind, or convicted of a felony. This section sets no residency rule. Before receiving letters, the executor takes an oath and, under the general rule, gives a bond equal to the full value of the estate, with sureties approved by the court or clerk.

If the decedent's entire probate estate, excluding liens and encumbrances, is worth $75,000 or less, a successor may collect the decedent's tangible personal property, bank accounts and other debts owed, and stock or similar instruments by presenting an affidavit at least 30 days after death. Successors, in order of priority, are the surviving spouse, then any child, then any grandchild, then either parent or any sibling. The affidavit must state the estate's value, that 30 days have passed, that no personal representative has been appointed or applied for in any jurisdiction, the facts making the person a successor, and the successor's duty to distribute the property to anyone with a superior right. If a holder refuses, the successor may ask the chancery court to compel payment or delivery.

Mississippi's twenty chancery courts have jurisdiction over probate, along with equity, divorce, alimony, guardianship and sanity matters.