Detailed Answer
Under Mississippi law, a valid will must be in writing, signed by the testator (the person making the will), and witnessed by at least two competent witnesses who sign in the testator’s presence. See Miss. Code Ann. § 91-5-1 for statutory requirements.
To confirm whether the decedent left a will or other estate planning documents (such as trusts, powers of attorney, or advance health care directives), follow these steps:
- Consult Family and Close Associates: Ask the decedent’s spouse, adult children, or close friends if they know of any estate planning documents or the attorney who prepared them.
- Contact the Decedent’s Attorney: If you know which law firm handled the decedent’s affairs, request a search of their records. Attorneys often keep original wills or copies in secure file storage.
- Search the Home and Safe-Deposit Box: Look through personal files, home safes, or bank safe-deposit boxes. Banks may require a court order or letters testamentary to grant access if the box is jointly held or solely in the decedent’s name.
- Review Personal Records: Examine the decedent’s paperwork for statements referencing an estate planning trust, durable power of attorney, or health care directive.
- Check the Chancery Clerk’s Office: Under Mississippi law, a testator may voluntarily deposit a will with the clerk of the chancery court in the county where they reside. See Miss. Code Ann. § 91-7-51. Visit or contact the chancery clerk in the decedent’s last county of residence to request a search of registered wills.
- Search Online Registries and Databases: While Mississippi does not maintain a statewide will registry, some private services offer will-location registries. Use these cautiously and verify through official channels.
If you discover a document that appears to be a will or trust, do not alter it. Consult a probate or estate planning attorney to determine validity, file the original will with the chancery court, and begin the probate process.
Helpful Hints
- Keep detailed notes on who you contact and when, including names, dates, and document descriptions.
- Obtain certified copies of any will or estate documents to prevent loss or damage during the probate process.
- If the will names an executor, that person typically has priority to file for letters testamentary in chancery court.
- Review bank and investment statements for notices of trust accounts or payable-on-death designations.
- Engage a probate attorney early to ensure compliance with Mississippi deadlines and procedural rules.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Mississippi attorney for guidance on specific legal issues.