Disclaimer: This article is for educational purposes only and does not constitute legal advice. For assistance specific to your situation, consult a licensed Mississippi attorney.
Detailed Answer
When someone dies, their bank accounts become part of their estate. To secure or freeze these accounts in Mississippi—especially when co-heirs refuse to cooperate—you or your representative must obtain specific court-issued documents. Below is a step-by-step overview of what you need and how Mississippi law addresses each requirement.
1. Certified Death Certificate
Obtain a certified copy of the decedent’s death certificate from the county vital records office. Banks will not honor requests without an official certificate.
2. Letters of Administration or Letters Testamentary
File a petition for administration in the chancery court of the county where the decedent lived. For intestate estates (no valid will), the court issues Letters of Administration. For testate estates (with a valid will), the court issues Letters Testamentary. See Miss. Code Ann. § 91-7-17 (§ 91-7-17).
3. Small Estate Affidavit
If the total value of personal property (including bank accounts) does not exceed $75,000, eligible heirs may bypass formal probate by filing a Small Estate Affidavit. This affidavit allows the transfer of personal property directly to heirs under Miss. Code Ann. § 91-7-263 (§ 91-7-263).
4. Court Order Appointing an Administrator Ad Litem
When co-heirs refuse to cooperate in the probate process, you can petition the chancery court to appoint an independent administrator ad litem. Under Miss. Code Ann. § 91-7-205 (§ 91-7-205), the court grants an order empowering that administrator to marshal and secure estate assets, including bank accounts.
5. Presenting Documents to the Bank
Once you have the necessary court documents, present the following to the bank where the decedent held accounts:
- Certified death certificate.
- Certified letters of administration or letters testamentary (or small estate affidavit).
- Court order appointing an administrator ad litem, if applicable.
- Valid photographic identification of the appointed administrator.
Upon presentation, the bank must freeze or transfer the funds according to the court’s directives. If the bank fails to comply, you may seek a court order to compel compliance or hold the bank in contempt.
Helpful Hints
- File probate in the chancery court of the decedent’s last residence.
- Provide banks with certified documents—photocopies are usually rejected.
- Ask the bank in advance if it has specific forms for probate or small estate transfers.
- Consider bond requirements for court-appointed administrators under Miss. Code Ann. § 91-7-203 (§ 91-7-203).
- If the probate process stalls, consult a Mississippi probate attorney to file motions or notices as needed.