Detailed Answer
In Mississippi probate, serving court orders on interested parties ensures everyone with a legal stake in the estate receives proper notice. Suppose Catherine Brown is appointed executor of her father John Doe’s estate in Hinds County. To move the probate case forward, Catherine must serve each interested party—heirs, devisees and known creditors—with the court’s order setting deadlines or scheduling a hearing.
Here are the primary methods under Mississippi law:
- Personal Service: Deliver the order in person. You may hire the county sheriff or a private process server. This method provides the strongest proof of service.
- Certified Mail: Send the order via certified mail, return receipt requested, to each party’s last known address. Retain signed receipts to file with the court.
- Service by Publication: If a party’s address is unknown or they evade service, publish notice in a local newspaper once a week for three consecutive weeks. You must first obtain a court order authorizing publication. See Miss. Code Ann. § 91-7-173 (publication of notice) and § 91-7-159 (notice and service of orders) for statutory requirements: https://law.justia.com/codes/mississippi/2013/title-91/chapter-7/section-91-7-173 and https://law.justia.com/codes/mississippi/2013/title-91/chapter-7/section-91-7-159.
After each service method, the server must complete an affidavit (or certification) of service and file it with the court clerk. The affidavit typically includes the date, time, method of service and recipient’s name. Keep copies for your records. Once the court sees proof that all parties received notice, it will proceed to hear any objections and grant final probate orders.
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.
Helpful Hints
- Compile a complete list of all heirs, devisees and creditors before service.
- Verify each party’s current mailing address through public records or certified mail return receipts.
- File the service affidavit promptly to avoid case delays.
- If you must publish, start the process early: publication takes at least three weeks.
- Consider hiring a process server or probate professional to ensure compliance with deadlines and statutes.