Disclaimer: This article provides general information under Mississippi law and does not constitute legal advice or create an attorney-client relationship.
Detailed Answer
1. Automatic Transfers at Death
Under Mississippi law, certain property passes outside probate by operation of law or contract. Common examples include:
- Joint tenancy with right of survivorship: If two or more people hold real estate as joint tenants, the surviving co-owner automatically owns the entire property when one dies. You record a certified death certificate to show the change of ownership.
- Tenancy by entirety: Spouses who hold property this way enjoy similar rights. Survivorship applies without court involvement.
- Transfer-on-Death or beneficiary deeds: Although Mississippi does not currently authorize transfer-on-death deeds for real property, some banks and investment accounts allow beneficiary designations that bypass probate.
2. When You Must Probate a Will
You must probate a will when the decedent owned assets solely in their name without survivorship rights or beneficiary designations. The probate process serves three key purposes:
- Validate the will: The chancery court confirms that the document meets Mississippi’s legal requirements for wills. See Miss. Code Ann. §91-1-1.
- Appoint a personal representative: The court issues letters of administration or letters testamentary to someone—often an executor named in the will—empowering them to gather assets, pay debts and taxes, and distribute property. See Miss. Code Ann. §91-7-3.
- Transfer clear title: For real estate held solely in the decedent’s name, the court enters an order opening probate and later a decree of distribution. The personal representative records those orders with the county to change ownership. See Miss. Code Ann. §91-7-9.
3. Why Some Property Bypasses Probate but Others Don’t
Jointly held property and assets with beneficiary designations bypass chancery court. Property held in any other form requires probate—even if the will directs the same distribution that joint tenancy would accomplish. Probate gives legal certainty, protects heirs and creditors, and updates recorder and tax records.
Helpful Hints
- Review the deed or title to see if it names co-owners with survivorship rights.
- Search for beneficiary forms on bank, retirement or investment accounts.
- Locate and keep the original will safe; the court will need it for probate.
- Obtain several certified copies of the death certificate.
- Consult a probate attorney if the estate has significant real property or complex claims.
- File probate petitions promptly. Mississippi chancery courts may impose deadlines.
Understanding the distinction between non-probate transfers and probate requirements helps you plan and settle an estate more efficiently under Mississippi law.