Detailed answer — how the process works in Mississippi

1. Confirm that your mother died intestate and determine jurisdiction

“Intestate” means there is no valid will. The proper court is the chancery court in the county where your mother was domiciled (her primary residence) at the time of death. If you are unsure which county, check her last address, voter registration, or where she paid local taxes.

2. Who has priority to serve as administrator?

Mississippi law gives preference to certain people when appointing an administrator. Typical priority order used by chancery courts is: the surviving spouse, adult children, other next of kin, or a creditor in some situations. If several people in the same priority class apply, the court decides who is best suited. If a suitable person does not appear, the court may appoint a public administrator or another qualified person.

3. Prepare and file a petition for administration

You (or an attorney) will file a petition with the chancery court asking to be appointed administrator. The petition typically says who died, that there is no will, lists heirs and next of kin so far as known, estimates estate value, and asks the court to issue letters of administration. You will attach a certified copy of the death certificate.

4. Notice, bond, and qualification

The court will require that interested persons (heirs, possibly a surviving spouse) receive notice of the petition. The court usually requires the administrator to take an oath and post a bond to protect the estate from mismanagement. The bond amount depends on the estate’s value. Some close relatives may qualify for a lower bond or be allowed to serve without a bond at the court’s discretion.

5. Letters of administration

After the court approves the petition, you receive letters of administration (a written authority). These letters let banks, government agencies, and others recognize you as the person authorized to act for the estate.

6. Your duties as administrator

As administrator you will have several legal duties, including:

• Gather estate assets and take control of them;
• Prepare and file an inventory and possibly an appraisal with the court;
• Publish or send notice to creditors and handle valid creditor claims (Mississippi courts typically expect notice and allow a period for claims);
• Pay taxes and valid debts from estate funds in the required order;
• Provide accountings to the court and heirs if required;
• Distribute remaining assets to heirs according to Mississippi’s intestacy rules.

7. How intestate distribution works

If there is no will, Mississippi’s intestacy rules determine who inherits and in what shares. The rules consider survivors such as a spouse, children, parents, and other relatives. The court will apply those rules when you ask for approval to distribute the estate.

8. Closing the estate

When you finish the duties above, you ask the chancery court to approve your final accounting and discharge you as administrator. After the court approves, you can distribute final funds and close the estate.

Where to find Mississippi statutes and local rules

Mississippi’s probate and administration rules are in state law and in local chancery court procedures. You can review the Mississippi Code and search statutes on the Mississippi Legislature website: https://www.legislature.ms.gov. For chancery court practice and forms, see the Mississippi Administrative Office of Courts at https://courts.ms.gov. These pages will point you to the specific statutory provisions that apply to appointment of administrators, bonds, notice to creditors, and intestate succession.

When you should hire an attorney

Consider hiring an attorney if the estate has significant assets, complex debts, real property, contested heirs, creditors with large claims, or tax issues. An attorney can prepare the petition, calculate bond amounts, make sure notices comply with the law, and represent the estate in court.

Important: This is a general explanation to help you know what to expect. Courts and local rules vary. If you decide to proceed, contact the chancery court clerk in the appropriate county or a Mississippi probate attorney for help with forms and deadlines.

Not legal advice: This article explains general Mississippi procedures and is not a substitute for advice from a licensed attorney who can apply the law to your exact situation.

Helpful Hints

• Start by getting several certified copies of the death certificate. The chancery clerk and banks will request them.
• Check the chancery court clerk’s office in your mother’s county for forms and filing fees. Many clerks publish local probate checklists online.
• Gather documents that prove family relationships: birth certificates, marriage certificate, and any documents showing the decedent’s residence.
• Be prepared to estimate the value of assets (bank accounts, real estate, vehicles). The court uses those values to set the bond amount.
• Serve notice to known heirs and publish notice to unknown creditors as the court requires — missing a creditor notice can expose you personally.
• Keep detailed records and receipts of every estate transaction — you’ll need them for inventory and final accounting.
• If someone else objects to your appointment, consider mediation or a probate attorney — disputes can delay the estate and increase costs.
• Ask the clerk how long typical probate administrations take in that county so you can set expectations for heirs.