Steps to File Probate Court Documents and Publish Creditor Notices in Mississippi

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When someone dies in Mississippi, the decedents estate typically goes through probate to settle debts and distribute assets. Here are the main steps to file probate court documents and publish creditor notices under Mississippi law.

1. Open the Probate in Chancery Court

1. Prepare a Petition for Probate of Will and Letters or Petition for Letters of Administration, depending on whether a will exists.
2. File the petition with the Chancery Court Clerk in the county where the decedent resided. Pay the required filing fee.
3. Submit certified copies of the death certificate and the original will (if any).
4. The court reviews the petition and issues Letters Testamentary or Letters of Administration to the personal representative (executor or administrator).

2. Inventory and Appraisement

1. The appointed personal representative must inventory estate assets and file the inventory sheet with the court.
2. Include real property, bank accounts, investments, personal property, and debts owed to the estate.

3. Publish Notice to Creditors

1. Prepare a Notice to Creditors stating that claims must be filed within three months. See Miss. Code Ann. § 91-7-353 (law.justia.com/codes/mississippi/2013/title-91/chapter-7/section-91-7-353/).
2. Publish the notice once a week for three consecutive weeks in a newspaper of general circulation in the county where probate is pending.
3. Mail a copy of the notice to known creditors by certified mail.
4. After publication, file the proof of publication and affidavit of mailing with the court.

4. Allow Time for Claims

Creditors have three months from the first publication date to present their claims. See Miss. Code Ann. § 91-7-355 (law.justia.com/codes/mississippi/2013/title-91/chapter-7/section-91-7-355/).
Claims filed late may be barred, subject to limited exceptions.

5. Resolve Claims and Final Accounting

1. Review and approve or reject creditor claims.
2. Pay valid debts from estate funds.
3. Prepare a final accounting of receipts and disbursements.
4. File a petition for discharge and final distribution with the court.

Helpful Hints

• Verify fee schedules with your local chancery clerk before filing.
• Choose a newspaper approved by the Chancery Court for legal notices.
• Keep detailed records of service, mailing receipts, and publication affidavits.
• Track deadlines carefully: the three-month creditor period is strict under Miss. Code Ann. § 91-7-355.
• Consider hiring a probate attorney if the estate has complex assets or contested debts.