Disclaimer: This article provides general information about Mississippi law and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Estate Administration in Mississippi
In Mississippi, the chancery court of the decedent’s county supervises probate and estate administration. Chancery courts have exclusive jurisdiction over wills, probate, guardianships, and related matters. Under Mississippi Code § 91-1-13, every county’s chancery court handles these proceedings. You file the original petition in the clerk’s office of the chancery court where the decedent lived at death.
Key steps include:
- Filing a petition for probate of the will or for administration if there is no will.
- Notifying heirs, beneficiaries, and creditors according to court rules.
- Submitting an inventory of estate assets.
- Obtaining court orders for asset distribution under Mississippi Code §§ 91-7-1 to 91-7-29.
Learn more about chancery court duties at Miss. Code § 91-1-13.
Unclaimed Property Claims
The Mississippi Secretary of State’s Unclaimed Property Division oversees unclaimed funds and assets. This office reunites owners or heirs with property such as dormant bank accounts, uncashed checks, insurance proceeds, and safe-deposit box contents.
To file a claim:
- Visit the Unclaimed Property portal: sos.ms.gov Unclaimed Property.
- Search by name or business to locate property records.
- Complete the online claim form or mail a paper claim with required documentation (ID, proof of ownership, notarized affidavits).
- Submit supporting documents, such as death certificates for heirs or beneficiaries.
Helpful Hints
- Contact the chancery court clerk early to confirm filing fees and local procedures.
- Compile a full list of known assets and creditors before beginning probate.
- Observe statutory deadlines for creditor claims—Mississippi allows a minimum 90-day notice window after probate opens.
- Use the Secretary of State’s online tutorial for unclaimed property filings.
- Maintain clear records of all filings and court orders for future reference.