Detailed Answer
If you are an heir in Mississippi and discover assets that were not distributed when an estate closed, you can ask the chancery court to reopen probate. Mississippi Code Section 91-7-353 authorizes a court to reopen an estate to administer newly discovered property or unpaid claims. Before filing, confirm you qualify as an “interested party” (an heir, beneficiary or creditor).
Step 1: Review the Reopening Statute
Mississippi Code § 91-7-353 states that once an estate is fully administered, a court may reopen it “on petition duly filed, after notice to all parties interested and hearing, for the purpose of taking into possession and administering in the same manner as if the estate had not been fully administered.”
See § 91-7-353.
Step 2: Prepare and File Your Petition
- Caption the petition with the estate’s court file number.
- Identify yourself and your relationship to the decedent.
- Describe the newly discovered asset (bank account, real estate, life insurance, etc.).
- Explain why the asset was not originally administered.
- Request that the court reopen the estate and appoint (or confirm) a personal representative.
Step 3: Provide Notice to Interested Parties
Mississippi Rules of Civil Procedure Rule 4 requires you to serve:
- The personal representative who closed the estate.
- All heirs and beneficiaries listed in the original probate.
- Known creditors (if applicable) to allow claim presentations.
Step 4: Attend the Hearing
The court will set a hearing date. Bring evidence such as bank statements, affidavits of discovery or insurance statements. The judge may:
- Reopen the estate and issue an order taking possession of the new asset.
- Require the personal representative to post bond.
- Set deadlines for presenting late claims under Mississippi Code § 91-7-357. See § 91-7-357.
Step 5: Distribution and Final Account
Once reopened, the court may direct the personal representative to collect, liquidate or distribute the asset according to the will or Mississippi’s laws of intestacy. The representative will file a supplemental final account and petition for discharge similar to the original closing procedures.
Helpful Hints
- Act promptly. Courts may deny reopening if you unreasonably delay.
- Gather clear documentation of the newly found asset before filing.
- Check for any statute of limitations on creditor claims under § 91-7-357.
- Consider hiring a probate attorney to ensure proper notice and compliance.
- Maintain copies of all filings, service proofs and court orders.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.