Detailed Answer

Short answer: In most cases you do not complete a sale of real estate merely by using a small‑estate affidavit or a creditor notice published for three months. Mississippi’s small‑estate procedures are primarily designed to allow transfer or collection of personal property with a simplified process. Real estate commonly requires formal probate or a court order (letters testamentary or letters of administration) or a specific statutory mechanism that clears title. That means you will usually need to open some form of probate or obtain a court authorization before selling a deceased person’s house.

Why: Small‑estate procedures in many states focus on personal property and short, streamlined collection of assets when the estate value is low. Real property is treated differently because selling land affects title records and third parties (buyers, mortgage lenders, taxing authorities). Courts and title companies typically want an official probate record or an order that conveys the decedent’s real estate interest or authorizes a personal representative to sign deeds.

Creditors’ notice requirement: If you open a formal probate administration in Mississippi, the probate process includes creditor notice requirements. The usual probate notice to creditors gives creditors a set period (commonly measured in months) to present claims. Publication of a notice may be required if certain conditions are met. Whether publication for three months is required depends on which probate procedure you use (formal administration vs. summary/small‑estate procedure) and the facts of the estate. To see the probate statutes, consult the Mississippi Code, Title 91 (Probate). You can search the official code at the Mississippi Legislature site: https://www.legislature.ms.gov/.

Practical result: If the decedent’s house is still titled only in the decedent’s name, most title companies and buyers will insist on probate documents that show who can legally sign to transfer the house. That usually means:

• Filing for probate and getting letters of administration or letters testamentary; or
• Obtaining a court‑issued order authorizing the sale; or
• Using a statute that specifically allows transfer of real property without full probate (rare and fact‑specific).

If a small‑estate procedure that allows transfer of real property is available in Mississippi for your situation, the court or statute will spell out any creditor notice and timing requirements you must follow. In many cases, even when small‑estate procedures apply, title companies still require either a short court filing or an affidavit plus a quiet title or similar clearance.

Typical steps to take

1. Check title and ownership: Confirm whether the house is solely in your mother’s name, jointly owned, or has a transfer‑on‑death designation.
2. Check for a will: If there is a will, see whether it names a personal representative. If not, someone must petition to be appointed.
3. Talk to the probate clerk: Contact the county probate clerk where the decedent lived. They can tell you which local procedures and notices apply.
4. Consider whether the estate qualifies as a small estate under Mississippi law: If the estate is small and the statute allows, a simplified filing or affidavit may apply — but verify whether that covers real property.
5. If formal probate is required: File for administration, follow the court’s instructions about creditor notice (publication and/or mailed notices), then seek court authority or letters to sell the real property.
6. Work with a title company or real estate attorney: They can advise what documents a buyer and lender will require to close the sale.

Where to find the law

Mississippi’s probate and estates rules are in the Mississippi Code (see provisions dealing with probate, administration, and creditor notices under Title 91). To review the statutes and find the exact language, visit the official Mississippi Legislature website and search Title 91 (Probate): https://www.legislature.ms.gov/.

Helpful Hints

• Do not try to sell the house using only a small‑estate affidavit unless you confirm the statute in Mississippi expressly permits transfer of real estate in that procedure and a title company will accept it.
• Contact the county probate clerk early. Clerks can explain local filing requirements, whether publication is standard, and whether the estate likely needs formal administration.
• Gather documents: death certificate, deed, mortgage statements, recent tax bills, the will (if any), bank statements, and any beneficiary designations.
• If a mortgage remains, the lender’s payoff and the lender’s requirements will affect the sale; getting an estimate of payoff early prevents surprises.
• Expect creditor notices if you open a formal administration. Even if publication is not needed for a small‑estate affidavit, mailing notice to known creditors is good practice.
• Title companies often require either (a) probate letters showing appointment of a personal representative, (b) a certified court order authorizing sale, or (c) an acceptable affidavit that clears title. Get confirmation in writing from the title company about what they will accept.
• Consider hiring a probate or real estate attorney for at least a consultation. Selling a house in a decedent’s estate involves procedural and title risks that can delay or derail a sale if not handled correctly.