Disclaimer: I am not a lawyer. This article explains common steps people take under Mississippi law to seek court approval to sell real property and use the proceeds to pay a mortgage. This is educational information only and not legal advice. Speak with a Mississippi attorney about your specific situation before taking action.

Detailed answer — step-by-step guide

Which court procedures apply depends on your situation. Common contexts where court approval is required include: (1) selling property owned by a decedent’s estate (probate administration), (2) selling property owned by a minor or an incapacitated person (guardianship/conservatorship), and (3) selling property subject to a court-ordered sale (e.g., partition actions or certain divorce-related sales). Below are the typical steps used in Mississippi for the two most common scenarios: probate (personal representative/executor) and guardianship/conservatorship.

Hypothetical facts (example used below)

Hypothetical: Jane Smith died owning a house in Hinds County with a $80,000 mortgage. The personal representative of Jane’s estate wants to sell the house, pay off the mortgage with sale proceeds, and distribute any remaining funds to heirs.

Step 1 — Identify the legal proceeding and the correct court

• Probate/estate administration: File or act in the chancery court where the decedent’s estate is being administered. In Mississippi, chancery courts handle probate and estate matters.
• Guardianship/conservatorship: File the petition in the chancery court that oversees guardianships in the county where the ward lives or where the property is located.

For general court information, see the Mississippi Judiciary: https://courts.ms.gov/ and the Mississippi Legislature: https://www.legislature.ms.gov/.

Step 2 — Confirm authority to sell and review governing documents

• Will or letters of administration: If you are a personal representative (executor/administrator), check the will and letters of appointment. Sometimes the will or letters give authority to sell estate real property; other times the court must grant specific authority.
• Guardianship orders: If you are a guardian/conservator, the court order may limit or require permission for real-property sales.

Step 3 — Prepare a petition for court approval

The petition (sometimes called a petition for authority to sell real estate or a petition to sell estate property) should state:

• Identity of the petitioner (executor, administrator, guardian, or conservator).
• Description and address of the property.
• Outstanding mortgage balance and payoff statement (request a payoff from the lender).
• Reason for the sale (e.g., to pay debts and expenses or because the estate cannot maintain the property).
• Proposed sale terms (purchase price, buyer identity if already found, whether sale is at public auction or private sale, and whether buyer is related to the estate).
• Statement that sale proceeds will first be used to pay mortgage and other valid claims, with the remainder distributed per the will or intestacy rules.

Step 4 — Appraisals and evidence for fair market value

Courts want to know the sale is fair. Provide evidence such as:

• A professional appraisal or market analysis.
• Copies of marketing efforts and purchase agreement if there is a bona fide buyer.
• If selling to an interested person (heir, beneficiary, or trustee), include an independent appraisal and extra procedural safeguards so the court can protect the estate’s interests.

Step 5 — Notice to interested parties and creditors

You must give notice to heirs, beneficiaries, creditors, and anyone who has a recorded interest (e.g., a second mortgage or lien). The court’s order will generally require specific notice methods (personal notice, certified mail, and sometimes publication). In probate or guardianship matters, Mississippi chancery courts often require that all interested persons receive notice and an opportunity to object.

Step 6 — Attend the court hearing

At the hearing the court will consider whether the sale is in the estate’s or ward’s best interest. The court may:

• Approve the sale and issue an order granting authority to sell.
• Approve sale subject to conditions (e.g., higher appraisal, competitive bidding, or requiring escrow instructions to ensure mortgage payoff).
• Reject or delay approval if the court finds insufficient evidence of fair value or inadequate notice.

Step 7 — Close the sale, pay mortgage, and file accounting

Once the court signs the sale order, complete the closing. Typical tasks include:

• Provide the mortgage lender with the court order and request a final payoff figure and payoff instructions.
• Use sale proceeds to pay the mortgage per the lender’s payoff statement and any liens or valid expenses (closing costs, estate administration expenses, taxes).
• Record the deed transferring title to the buyer and record satisfaction/release of the mortgage once paid.
• File a written report, final settlement, or accounting with the chancery court showing receipts, payments (including mortgage payoff), distribution to heirs, and remaining cash in the estate or ward account.

Step 8 — Recordkeeping and sending distributions

Keep copies of the closing statement (HUD-1/closing disclosure), mortgage payoff receipt, recorded deed, and the court’s order. Provide copies to heirs and file the final accounting required by the court so the case can be closed.

Special issues and practical notes

• If the mortgage exceeds sale proceeds (short sale), the lender must agree and may require additional court orders or creditor consents. Lender consent is critical.
• If a buyer is an heir or interested party, the court scrutinizes the transaction more closely—expect appraisal and proof that sale is fair.
• If title problems exist (liens, unknown heirs), resolve those before closing or ask the court for directions.
• Sales of estate property sometimes require probate publication or appointment of a special commissioner—follow the chancery court’s directions.

Where to look in Mississippi law and court rules

Mississippi chancery courts handle probate and guardianship matters. The Mississippi Legislature and Mississippi Judiciary websites provide resources and local court contacts. For local procedures and forms, contact the chancery clerk in the county where the property lies or where the probate/guardianship case is filed. Helpful starting points:

• Mississippi Judiciary — main site: https://courts.ms.gov/
• Mississippi Legislature — statutes and code search: https://www.legislature.ms.gov/

Helpful hints

• Start early: request a mortgage payoff statement and obtain an appraisal before you file the petition. Lenders often list required documentation and timeframes for a payoff.
• Keep detailed records: attach appraisal, payoff statement, purchase contract, advertisements, and copies of all notices to your petition. Courts want proof of fairness and notice.
• Notify the lender before filing: the mortgagee’s cooperation will smooth closing and payoff. Lender demands and timing can change—get a current payoff just before closing.
• Be transparent with the court: disclose any conflicts (e.g., buyer is heir or personal representative). Courts prefer full disclosure and competitive bidding when a related buyer is involved.
• Consider using an attorney: court filings, hearings, and accounting requirements can be technical. An experienced Mississippi chancery attorney can prepare the petition, handle notice, and represent you at the hearing.
• If you need to sell quickly, ask the court for an expedited hearing—but be prepared to justify why time is critical.
• Watch publication and service requirements closely: missing a step on notice can delay approval or require re-doing the process.
• After sale, immediately record the deed and obtain a recorded release of mortgage; file the final accounting with the court so the estate or guardianship matter can be closed.