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Overview of Letters of Administration

Letters of administration authorize an individual to manage and distribute a decedent’s estate when there is no valid will or no executor named. In Mississippi, this process is governed by Mississippi Code Annotated § 91-7-1 et seq. and handled in the chancery or county probate court where the decedent resided at death.

Eligibility and Jurisdiction

Any suitable person over 18 who is entitled to inherit under Mississippi’s intestacy statutes may petition for letters of administration. The proper court is the chancery court of the county of the decedent’s domicile. See Miss. Code Ann. § 91-7-1 (2020).

Step-by-Step Process

1. Obtain a certified death certificate. Order this from the Mississippi State Department of Health.
2. Identify heirs and next of kin. Use Mississippi’s intestacy table (Miss. Code Ann. § 91-1-15).
3. Prepare the petition. Include decedent’s name, date of death, approximate asset values, and names/addresses of heirs.
4. File required forms and pay fees. Submit all documents to the county chancery clerk’s office and pay the probate filing fee.
5. Post bond. Mississippi Code § 91-7-3 requires a surety bond unless waived by the court (Miss. Code Ann. § 91-7-3).
6. Notice to creditors and heirs. Publish notice per statute and mail notice to known creditors.
7. Attend the hearing. The court reviews the petition, bond and notices, then issues letters of administration.

Required AOC (Probate Court) Forms

Mississippi probate forms are available from the Administrative Office of Courts. Download at Mississippi Probate Court Forms.

• Form 1: Petition for Letters of Administration
• Form 2: Petition for Letters of Administration With Will Annexed
• Form 3: Administrator’s Oath
• Form 4: Bond of Administrator
• Form 5: Inventory of Estate Assets
• Form 6: Notice to Creditors
• Form 7: Order Appointing Administrator

After Appointment

Once appointed, the administrator must gather assets, pay valid debts, file inventories, and distribute property according to Mississippi’s intestacy laws. The administrator files a final accounting and petition for discharge when all duties are complete.

Helpful Hints

• Review Mississippi’s intestacy chart before drafting your petition.
• Confirm bond amount with the court clerk; it often equals total estate value.
• Keep a detailed asset inventory with appraisals to avoid later disputes.
• Publish notice early to satisfy the 90-day creditor claim period.
• Use the exact form numbers and titles when filing; courts may reject incomplete packets.
• Consult the probate clerk for local fee schedules and hearing dates.

Disclaimer: This article is for general informational purposes only. It does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.