How to Review and Correct Missing or Incorrect Probate Filings in Mississippi
Short answer
If you believe filings are missing or incorrect in your father’s probate file in Mississippi, start by getting and reviewing the official court file at the county chancery clerk’s office. Document every discrepancy, attempt to resolve minor errors directly with the personal representative, and then, if needed, ask the chancery court to correct, amend, or reopen the probate proceedings. Mississippi probate matters are handled in chancery court and are governed by the Mississippi Code (Title 91). This article explains practical steps, likely court actions, and what information to collect before you ask the court for relief.
Detailed answer — step‑by‑step under Mississippi law
1. Who handles probate in Mississippi and where to look
Probate and administration of decedents’ estates in Mississippi are handled in the county chancery court. The county chancery clerk maintains the official case file and docket. You can inspect and obtain certified copies of filings from the chancery clerk for the county where your father’s estate is probated. For general information about chancery courts in Mississippi, see the Mississippi Judiciary chancery courts page: https://courts.ms.gov/chancery/index.php. For the statutes that govern decedents’ estates, see Mississippi Code, Title 91 (Decedents’ Estates): https://www.legislature.ms.gov/legislation/code-annotated/.
2. Obtain and read the full probate file
Ask the chancery clerk for the probate case number (if you do not already have it) and request a complete copy of the file and docket entries. Key documents to look for include:
- Petition for probate or for administration
- The decedent’s will (if one was offered) and the court’s order admitting it
- Letters testamentary or letters of administration issued to a personal representative or administrator
- Inventories, appraisals, and creditor notices
- Accountings, intermediate and final
- Notices to heirs and interested parties, and proof of service
- Court orders approving distributions or closing the estate
3. Identify the error or omission and collect evidence
Make a clear list of what is missing or incorrect and why it matters to the estate’s administration or your rights. Examples:
- A required inventory was never filed
- An asset is omitted or listed with the wrong value
- A distribution ordered by the court was not carried out
- The will admitted to probate is the wrong version or contains suspicious signatures
Collect supporting evidence: copies of bank statements, property records, appraisals, correspondence with the personal representative, and anything that shows the error or omission.
4. Try informal resolution first
If the issue is a clerical mistake or a simple omission (for example, the wrong account number on a distribution), start by asking the personal representative in writing to correct the record or reissue a distribution. Keep dated records of your communications. Many problems are resolved without court action.
5. When to ask the chancery court to correct filings
If informal correction fails or the problem involves improper administration, fraud, missing inventory, or a disputed will, you will need to ask the chancery court to act. Typical court remedies in Mississippi probate matters include:
- Petition to amend or supplement the inventory or account — ask the court to order the personal representative to file correct information.
- Motion for an accounting — request that the personal representative provide a full, sworn accounting of receipts, disbursements, and distributions.
- Petition to reopen the estate — if the estate was closed prematurely or new assets are discovered.
- Objection to an accounting or petition — file a formal objection to specific entries or distributions.
- Will contest or motion to set aside probate — if you believe the will was forged, revoked, or the decedent lacked capacity or was unduly influenced.
These remedies arise from chancery court practice and Mississippi’s probate statutes found in Title 91. See Mississippi Code, Title 91 (Decedents’ Estates): https://www.legislature.ms.gov/legislation/code-annotated/. Because procedure and available relief depend on the facts and the county chancery rules, you may need court filings prepared and signed by an attorney or by a party appearing pro se.
6. Timing and deadlines
Time matters. There are statutory and procedural deadlines that affect your ability to contest a will, object to inventories or accountings, or seek relief from a final order. Some objections must be raised shortly after probate notices are published or after you receive notice of a filing. If you suspect fraud or serious misconduct, act quickly to preserve evidence and your rights.
7. If you proceed to court — what you will likely need to file
Typical filings in chancery court to correct probate records include:
- Petition or motion explaining the error or omission and the relief requested
- Supporting affidavit(s) and exhibits (documents proving the error)
- Proposed order for the judge to sign
- Service of the petition on the personal representative and other interested parties
The court will set a hearing where parties can present evidence. The judge can order the personal representative to correct filings, provide an accounting, return assets, reopen the estate, or take other corrective measures.
8. Consider hiring a Mississippi probate attorney
Probate procedure and chancery practice can be technical. An attorney who handles probate and trust matters in Mississippi can:
- Review the probate file and identify specific statutes and court rules that apply to your situation
- Draft and file petitions, objections, or motions in the appropriate chancery court
- Represent you at hearings and negotiate with the personal representative
Practical examples (hypothetical)
Example A — Missing inventory: You discover the estate closed without a required inventory listing a bank account. You obtain the bank records, talk with the personal representative, and then file a petition asking the chancery court to order the representative to file an inventory and to require an accounting for the account that was omitted.
Example B — Incorrect distribution: The court order directed a distribution to three heirs but only two received it. You file an objection and a motion for the court to enforce its distribution order and to require the personal representative to explain the shortfall and distribute the remaining share.
Relevant Mississippi law (where to read it)
Primary statutes covering decedents’ estates and probate procedure are located in Mississippi Code, Title 91 (Decedents’ Estates). You can search and read the statutes at the Mississippi Legislature website: https://www.legislature.ms.gov/legislation/code-annotated/. For chancery court general information and local procedures, see: https://courts.ms.gov/chancery/index.php.
Important: Statute sections and local chancery practice control deadlines and the available remedies in each county. If you need to identify the exact statutory section that applies to an issue (for example, estate accounting or reopening), an attorney can point to the precise code sections and recent Mississippi chancery opinions that apply to your facts.
Disclaimer
This article is for educational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice about your situation, consult a qualified Mississippi attorney who handles probate and chancery court matters.
Helpful Hints
- Get certified copies of the probate file from the county chancery clerk to ensure you review the official record.
- Keep a dated log of all communications with the personal representative and the chancery clerk.
- Document missing assets with bank statements, property records, or bills of sale before they are lost or commingled.
- Act quickly — delays can harm your rights and reduce available remedies.
- Ask the personal representative for a written explanation before filing in court; courts often expect parties to attempt informal resolution first.
- If you decide to file in chancery court, include clear evidence and proposed orders to speed resolution.
- When you contact an attorney, bring the full probate file, death certificate, will (if you have a copy), and any documents showing the error or omission.
- Look for an attorney with regular experience in Mississippi chancery court and probate matters — ask about recent probate cases they handled.