Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Mississippi for personalized guidance.
Detailed Answer
1. Locate the Original Will
Begin by checking the decedent’s personal files, safe deposit box, or home safe. Contact the decedent’s attorney or accountant—they often retain client wills. Ask family members or close friends if they know the will’s location.
2. Obtain a Filed Copy
If someone already filed the original will with the chancery clerk, request a certified copy. Visit the chancery clerk’s office in the county where the decedent lived at death. Provide the decedent’s full name, date of death, and pay a nominal copying fee.
3. File the Will in Probate Court
Under Mississippi law, you must file the original will within 10 days after death with the chancery clerk in the decedent’s county of residence (Mississippi Code § 91-7-3). Follow these steps:
- Prepare a probate petition naming yourself or another qualified person as personal representative.
- Attach a certified death certificate.
- Submit the original will (or filed copy if the original is already on record).
- Pay the court’s filing fee (varies by county).
- Ask the clerk to record the will and issue Letters Testamentary or Letters of Administration.
4. Handle Lost or Destroyed Wills
If the original will is lost or destroyed, Mississippi law lets you prove its contents by secondary evidence. File a petition under Mississippi Code § 91-7-45. You must:
- Explain how the will went missing or was destroyed.
- Provide testimony from witnesses who recall the will’s provisions.
- Swear that no one has knowledge of a surviving original.
5. Submit Supporting Documents and Fees
Along with the will or copy, provide the clerk:
- Certified death certificate.
- Petition for probate or administration.
- Fee payment (check with the county chancery clerk for the exact amount).
Helpful Hints
- Start your search immediately to meet the 10-day deadline for filing an original will.
- If the will is in a safe deposit box, obtain a court order or executor’s access pursuant to state law.
- Always request certified copies of death records from the Mississippi Department of Health.
- Keep copies of all petitions, orders, and receipts filed with the court.
- Consult a probate attorney for complex estates, contested wills, or if the will’s validity is in question.