Detailed Answer

When someone dies in Mississippi, control of their property generally passes to the estate. The person the probate court appoints as personal representative (administrator or executor) has legal authority to collect, protect, and distribute estate assets. Until the court issues letters of administration (or letters testamentary if there is a will), no one has full legal authority to act on behalf of the estate. That makes the period between death and formal appointment a sensitive time. Below are practical and lawful steps you can take right away to secure the house and create an accurate inventory while protecting your future ability to seek relief if siblings remove items.

1. Act promptly but legally

File for administration with the county probate court as soon as possible. The court issues letters of administration to the person it appoints. If you are seeking appointment, file your petition early so the court can consider issuing letters. For general information on Mississippi probate statutes and court process, see the Mississippi Legislature’s code resources: https://www.legislature.ms.gov/ (see Title 91: Wills and Administration).

2. Avoid unilateral, permanent changes without authority

Do not permanently remove or sell items from the house before being appointed (unless you have permission in writing from the court or other heirs). Even well-intentioned removals can expose you to civil liability (claims for conversion) or create disputes that slow probate.

3. Secure the premises in a non-destructive, non-confrontational way

• Change or rekey exterior locks only if the property is at risk of immediate theft or vandalism and you can document the risks. If possible, get a court order or agreement from other heirs first. If you must change locks to protect the property, keep the old locks or keys and record who had access.
• Consider non-permanent measures: add a door alarm, board broken windows, or put a visible sign that the property is under probate and unauthorized removal of items may be unlawful.
• If anyone is living at the house who refuses to leave, do not attempt to forcibly remove them. Contact the county sheriff for advice about trespass and eviction; law enforcement can often provide a welfare check and document the situation.

4. Create a thorough, timestamped inventory and documentation

Document everything you can see and reasonably access. A clear, dated inventory is essential if disputes arise.

• Photograph and video every room, closet, garage, and outbuilding. Capture wide shots and close-ups of high-value items (jewelry, electronics, firearms, antiques, art).
• List serial numbers, make, model, and condition of major items (vehicles, appliances, tools).
• Collect and photograph important documents (original will if found, titles, insurance policies, recent bank statements) but do not remove the original will from the premises without the court’s permission—if you find a will, inform the probate court quickly.
• Keep the inventory in multiple formats (digital photos stored off-site or in cloud, a printed copy filed with the probate petition, and a copy given to other heirs by certified mail if appropriate).

5. Notify interested parties and document communications

Send written notice to known heirs and beneficiaries telling them you will be filing for administration and asking them not to remove or dispose of property until the court appoints a representative. Use certified mail or email that creates a written record. Keep copies of all communications.

6. If siblings remove property despite your precautions

• Immediately document what is missing (photos, witness statements, dates/times, text messages or emails admitting removal).
• File a police report for theft if items were taken without permission. Criminal charges can be pursued by the state independent of the probate case.
• Ask the probate court for relief after you file your administration petition. The court can issue orders to recover or preserve property, and it can assign interim control to a temporary administrator in urgent cases.

7. Use the probate court’s emergency remedies when necessary

Mississippi probate judges can issue temporary or emergency orders to protect estate property while the administration is pending. If you expect immediate loss or destruction of assets, explain the urgency to the court and request interim letters or a protective order. When you file your petition for administration, attach your inventory and any evidence of threatened or actual removal of property to support emergency relief.

Legal context and where to look in Mississippi law

Under Mississippi law, authority to administer an estate flows from the court’s issuance of letters of administration or letters testamentary. For procedural rules, statutory guidance, and to locate specific probate code sections, consult the Mississippi Code and probate resources on the Mississippi Legislature’s website: https://www.legislature.ms.gov/. County probate clerks and the local circuit court are the offices that handle filings and emergency petitions.

Because statutes and local practices vary, consider contacting the county probate clerk’s office where the decedent lived to learn how to file for administration and the local judge’s process for emergency relief.

Practical Inventory Checklist (what to photograph and record)

• Exterior: house number, yard, detached buildings, vehicles on property
• Each room: wide-angle photos plus close-ups of valuable or unusual items
• Closets, safes, lockboxes, and obvious hiding spots
• Jewelry, watches, firearms (record serial numbers), coins, antiques
• Electronics with model/serial numbers, tools, sports equipment
• Important papers: original will (if present), deeds, titles, insurance policies, bank statements, recent tax returns
• Keys, garage door openers, storage unit information

When to involve law enforcement vs. the probate court

Contact law enforcement when you believe someone has committed theft or when someone is occupying the home unlawfully and safety or a crime is an issue. Contact the probate court when you need legal authority over estate property (letters of administration), an emergency protective order, or direction on handling a will.

Helpful Hints

• File the probate petition quickly. The faster the court acts, the easier it is to protect assets.
• Keep an objective record. Neutral, dated photos and witness statements are powerful evidence.
• Avoid physical confrontation. Let law enforcement handle trespass or theft situations.
• Maintain chain-of-custody for removed items: if you must move something temporarily (for safety), record who moved it, why, and where it was placed; keep receipts for storage costs.
• Do not destroy or hide evidence. Doing so can create larger legal problems and may jeopardize your appointment as administrator.
• Consider asking the court for interim or temporary letters if immediate control is necessary to prevent loss.
• Keep communications professional and documented. A polite written request that all parties refrain from removing items can help later in court.
• If disputes escalate, seek a probate attorney experienced in Mississippi probate practice. They can file emergency motions and represent the estate’s interests to the court.