Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney in Mississippi for assistance with your specific situation.
Detailed Answer
When you file a probate petition in Mississippi and no hearing date appears on the chancery court docket, you must take proactive steps to request that the court schedule one. Under Mississippi law, chancery courts oversee probate matters, and local clerks maintain the calendar. The following steps outline how to request and schedule a probate hearing when none is set:
1. Verify the Case Status
Contact the chancery court clerk’s office in the county where the estate is filed. Request a docket printout or view the online calendar to confirm that no hearing date has been entered. If the clerk indicates a glitch, ask for instructions on the local procedure to fix docketing errors.
2. Draft a Motion to Set Hearing Date
Prepare a written motion titled “Motion to Set Hearing Date.” Include:
- The case caption (estate name, docket number, court name).
- A brief statement of why the hearing is needed (e.g., probate of a will, appointment of a personal representative, petition for estate administration).
- A proposed date range or specific date you request from the court.
- Your signature, address, and contact information.
You may reference the petition authority under Miss. Code Ann. § 91-7-13 (petition for probate of will) and the court’s power to set hearings under Miss. Code Ann. § 91-7-25 (initial orders and notices).
3. File the Motion with the Chancery Clerk
Take the original motion and two copies to the clerk’s office. Pay any required filing fee. The clerk will stamp your copies and return one for your records. Keep proof of filing.
4. Serve Notice on Interested Parties
Mississippi law requires notice to all heirs, devisees, creditors, and other interested persons at least ten days before the hearing. See Miss. Code Ann. § 91-7-37 (notice of probate hearing). You can serve notice by certified mail or via personal service through a process server. Attach proof of service (affidavits or receipts) to your motion file.
5. Follow Up with the Clerk
After filing and serving notices, call the clerk’s office to confirm they have scheduled a date. If the court issues an order setting the hearing, obtain a copy and distribute it to all parties.
6. Prepare for the Hearing
Compile your original petition, affidavits, proof of death certificate, proposed orders, and any required bond. Arrive early on the hearing date and check in with the docket clerk.
Helpful Hints
- Review your local chancery court’s website for any special motion forms or electronic filing rules.
- Confirm all names and addresses of heirs and devisees before serving notice to avoid delays.
- Consider using certified mail with return receipt to document service.
- Keep a copy of every document you file or serve, with proof of filing and service.
- If the clerk’s office is slow to respond, send a follow-up email or visit in person.
- Consult a local probate attorney if you encounter unusual complications, such as will contests or unknown heirs.