Detailed Answer
If you are a beneficiary under Mississippi law, you have the right to demand and receive your inheritance share from the estate administrator. Mississippi Code grants specific remedies when an administrator delays or refuses distribution.
1. Serve a Written Demand
Under Miss. Code Ann. §91-7-233, a distributee (beneficiary) may serve a written demand for payment. The administrator then has 30 days to comply.
2. Petition the Chancery Court
If the administrator fails to pay within 30 days of your demand, you can file a petition in the chancery court that is handling the probate. In your petition, attach the demand letter and proof of service. The court may issue an order compelling immediate distribution and may award you reasonable attorneys’ fees and court costs.
3. Request an Inventory or Accounting
Mississippi Code requires administrators to file an inventory and account for estate assets. See §91-7-141 and §91-7-305. If no inventory or accounting appears on the court record, you can file a motion to compel it.
4. Move to Remove the Administrator
If the administrator mismanages assets, breaches fiduciary duties, or persists in withholding distributions, you can ask the court to remove them under Miss. Code Ann. §91-7-375. The court may then appoint a successor fiduciary to complete administration and distribution.
Helpful Hints
- Review the probate docket at the chancery clerk’s office to confirm filings.
- Keep all correspondence in writing and serve by certified mail with a return receipt.
- Document any missed deadlines or failures by the administrator.
- Consult a probate attorney for guidance on filings and court procedures.
- File motions in the county chancery court where the estate is probated.
Disclaimer: This article provides general legal information under Mississippi law. It does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.