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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Mississippi for guidance on your unique situation.

Detailed Answer

When a decedent’s assets span multiple counties or even states, personal representatives must navigate both the primary probate and any ancillary or secondary proceedings. In Mississippi, probate matters are overseen by the Chancery Court in the county of the decedent’s domicile. Here’s a step-by-step overview:

1. Determine Domicile and Initiate Primary Probate

The first step is to file for probate in the Chancery Court of the county where the decedent was domiciled at death. This proceeding yields Letters Testamentary or Letters of Administration, granting authority to collect and distribute assets under Miss. Code Ann. § 91-3-1 et seq..

2. Identify Out-of-County Real Property

Any real estate in a county other than the domicile county requires an ancillary probate in that county’s Chancery Court. File a certified copy of the primary court’s Letters and petition for ancillary administration under Miss. Code Ann. § 91-7-291. The ancillary court issues a grant limited to the real estate there.

3. Handle Personal Property Across Jurisdictions

Bank accounts, vehicles, and other tangible or intangible assets commonly require the same Letters to transfer titles or withdraw funds. Many institutions will accept certified Letters from the primary probate, but some out-of-state institutions may insist on an ancillary appointment. Verify each institution’s requirements early.

4. Manage Interstate Assets

When assets lie outside Mississippi, you may need ancillary probate in each foreign jurisdiction. Follow that state’s rules. The Uniform Probate Code (UPC) conceptually guides cross-jurisdictional administration, though Mississippi has not adopted the UPC fully.

5. Coordinate Distributions and Final Accounts

Keep meticulous records of receipts, disbursements, and court filings. File inventories and final accountings in each court as required by:

• Miss. Code Ann. § 91-5-25 (Inventory and appraisal)
• Miss. Code Ann. § 91-5-35 (Final settlement)

Once all assets are collected and distributed, petitions to close the estate can be filed in each court.

Helpful Hints

• Create a detailed asset map: list each asset, location, and documentation needed.
• Engage local counsel where real property or significant personal property exists in another county or state.
• Obtain certified copies of all court orders and Letters Testamentary/Administration.
• Notify creditors and publish notices in each jurisdiction as required.
• Monitor deadlines: some counties impose strict timelines for ancillary filings.
• Maintain centralized accounting to avoid duplication and ensure consistency.