Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
When an original will surfaces decades after it was signed and the testator has passed away, you can still seek probate in Mississippi, but you must satisfy strict proof requirements under Mississippi’s Probate Code.
1. Confirm the Will’s Formal Requirements
Under Mississippi law, a valid will must be in writing, signed by the testator at the end, and witnessed by at least two credible witnesses who sign in the testator’s presence. See Miss. Code Ann. § 91-7-9.
2. Determine If the Will Is Self-Proved
If the will is self-proved (contains a notary acknowledgment and witness affidavits), the court may admit it without live testimony. Otherwise, you must produce the subscribing witnesses or their credible testimonies to prove execution. For non–self-proved wills, see Miss. Code Ann. § 91-7-15.
3. Address Loss or Unavailability of the Original
If the original will is lost, destroyed, or withheld, you may petition to admit a copy. You need clear and convincing evidence of the original’s due execution and proof that it has not been revoked. See Miss. Code Ann. § 91-7-93.
4. File a Petition for Probate
File your Petition for Probate of Will and Issuance of Letters Testamentary in the Chancery Court of the county where the decedent last resided. Include:
- The original will (or copy, if claiming loss)
- Certified death certificate of the decedent
- Affidavits or depositions of subscribing witnesses
- A proposed executor’s oath and bond (if required)
5. Serve Notice to Interested Parties
Mississippi law requires notice to heirs at law, beneficiaries, and known creditors. You must publish notice in a local newspaper and provide direct notice to all parties entitled to notice.
6. Attend the Probate Hearing
The chancery judge reviews your evidence of due execution and service of notice. If the judge is satisfied, the court admits the will to probate and issues Letters Testamentary to the appointed executor, who then administers the estate.
Helpful Hints
- Contact the county Chancery Court clerk early to confirm local filing requirements.
- Locate and interview any surviving subscribing witnesses or family members.
- Collect secondary evidence (affidavits, copies, correspondence) if the original will is missing.
- Maintain organized records of all filings, notices, and communications.
- Consider consulting a probate attorney to address complex evidentiary issues and deadlines.