How to Request an Extension for Filing Your Final Probate Accounting in Mississippi

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.

Detailed Answer

In Mississippi probate, executors or personal representatives must file their final accounting within five months of appointment, unless the court grants an extension (Miss. Code Ann. § 91-7-291). To request more time, follow these steps:

1. Check the Deadline: Mississippi Code Ann. § 91-7-291 requires filing within five months of qualifying as a personal representative. Note the exact deadline in your case. (Miss. Code Ann. § 91-7-291)
2. Prepare a Written Motion or Petition: Draft a motion titled “Motion for Extension of Time to File Final Accounting.” Include:
   • Case caption and number
   • Name of executor or personal representative
   • Deadline to file accounting
   • Specific reason(s) supporting the extension request (e.g., complex assets, pending claims, delays in appraisal)
   • Duration of additional time requested
3. Serve Notice to Interested Parties: Provide a copy of the motion and any proposed order to all known heirs, beneficiaries, and creditors consistent with Mississippi probate procedure.
4. File with the Probate Court: Submit the motion to the clerk of the court handling the estate. File it at least 10 days before your accounting due date to allow parties time to respond.
5. Attend the Hearing: The court may schedule a hearing. Be prepared to explain your reasons and provide any supporting documentation.
6. Obtain the Court’s Order: If the judge approves your motion, the court will issue an order granting the extension and specifying the new deadline.

Keep track of the court’s order and file your final accounting by the revised date. Failure to comply could expose you to personal liability and potential surcharge.

Helpful Hints

• Confirm your deadlines with the probate clerk well before the due date.
• Gather documentation of delays, such as appraisal reports or creditor claim notices.
• Serve all interested parties properly to avoid objections or challenges.
• Consider consulting a probate attorney to review your motion and proposed order.
• Maintain organized records to support your extension request and eventual accounting.