Detailed Answer
When a minor is entitled to property or funds from an estate in Mississippi, the chancery or probate court must appoint someone to protect the minor’s financial interests. Mississippi law provides two main routes:
- Permanent Guardian of the Estate: A family member or other qualified adult files a petition under Miss. Code Ann. § 93-13-115 to act as guardian. The petition must:
- Identify the minor and describe the estate assets.
- Explain why a guardian is needed to manage or invest the minor’s share.
- Name the proposed guardian and show their suitability (e.g., residency, financial responsibility).
After notice to all interested parties and a hearing, the court may appoint the guardian and set bond requirements under Miss. Code Ann. § 93-13-117. The guardian must file annual accountings until the minor reaches majority (typically 21 years old).
- Guardian ad Litem for Estate Proceedings: In some cases—such as objections to will admission or disputes over asset distribution—the court appoints a guardian ad litem to represent the minor’s interests in that specific lawsuit. Under Rule 17 of the Mississippi Rules of Civil Procedure and Miss. Code Ann. § 93-13-119, the court:
- Appoints an attorney or qualified individual to serve.
- Limits the role to the pending litigation (not ongoing estate management).
- Requires periodic updates to the court on the minor’s position.
In both processes, the court ensures the guardian or guardian ad litem acts in the minor’s best interests. The guardian must safeguard principal and income, invest prudently, and seek court approval for extraordinary transactions.
Key Statutes:
- Miss. Code Ann. § 93-13-115 (Petition for Guardian of Guardian of Minor’s Estate)
- Miss. Code Ann. § 93-13-117 (Bond and Powers of Guardian)
- Miss. Code Ann. § 93-13-119 (Appointment of Guardian ad Litem)
Disclaimer: This article is for educational purposes and does not constitute legal advice. Contact a qualified attorney to discuss your specific situation.
Helpful Hints
- File the petition early to avoid delays in accessing funds for necessities.
- Provide a detailed inventory of estate assets to streamline court review.
- Select a guardian who can post bond and has a clear plan for managing investments.
- Understand all notice requirements—missed notices can invalidate the appointment.
- Maintain meticulous financial records and file annual accountings on time.