How to Access and Withdraw Money in a Deceased Person’s Bank Account During the Probate Process in Mississippi (MS)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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

Detailed Answer

During probate in Mississippi, a personal representative (also known as an executor or administrator) manages the decedent’s assets, including bank accounts. You cannot directly access a deceased person’s account until the court appoints a representative and issues official letters. Here are the key steps:

  1. Locate the will and identify the personal representative. If the decedent left a will, it usually names an executor. Without a will, the court appoints an administrator. (Miss. Code Ann. § 91-7-51).
  2. Petition the probate court. File a probate petition in the county where the decedent lived. Provide the death certificate, will, and list of heirs.
  3. Obtain letters of administration or letters testamentary. The court issues official letters that empower you to act on behalf of the estate. Banks require these letters before releasing funds.
  4. Publish notice to creditors. Mississippi law requires notice to creditors. Publish notice in a local newspaper to allow claims (Miss. Code Ann. § 91-9-201).
  5. Inventory and appraisal. File an inventory of the estate’s assets. This includes listing the bank account balance (Miss. Code Ann. § 91-7-111).
  6. Present documents to the bank. Provide the bank with your letters and a certified death certificate. The bank will freeze the account until it verifies your authority.
  7. Withdraw funds as authorized. You may withdraw funds to pay estate expenses, debts, taxes, and distributions to heirs under Miss. Code Ann. § 91-9-301. Keep detailed records of all transactions.
  8. Distribute remaining funds. After debts and expenses, distribute the balance to beneficiaries according to the will or Mississippi’s intestacy rules (Miss. Code Ann. § 91-9-305).

Helpful Hints

  • Keep certified copies of the death certificate for each bank.
  • Contact the bank early to learn its requirements and fees.
  • Track all withdrawals and deposits for accounting and reporting.
  • Maintain communication with beneficiaries to manage expectations.
  • Consult an attorney experienced in Mississippi probate for complex estates.

By following these steps and citing the proper statutes, you can access and manage a deceased person’s bank account during Mississippi probate safely and legally.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.