Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed probate attorney in Mississippi for guidance specific to your situation.
Detailed Answer
Background: Mississippi vs. North Carolina Probate Terminology
North Carolina uses the terms common form and solemn form probate (see N.C. Gen. Stat. § 28A-2-1 and § 28A-2-2). Mississippi does not use those exact labels. Instead, Mississippi probate focuses on how a will is proven in court:
1. Self-Proving Wills (Analogous to Common Form)
Under Miss. Code § 91-7-179, a testator and two witnesses may execute a self-proving affidavit at the time the will is signed. When you file a will accompanied by its self-proving affidavit, the clerk of the chancery court can admit the will without live witness testimony. This streamlined admission mirrors the “common form” process in other states.
Citation: Miss. Code § 91-7-179.
2. Proving by Witnesses (Analogous to Solemn Form)
If the will lacks a valid self-proving affidavit, Mississippi requires in-court testimony of at least two attesting witnesses. Under Miss. Code § 91-7-177, those witnesses testify under oath before the chancery clerk or judge to establish the will’s due execution. This formal in-court proof resembles the “solemn form” probate in other jurisdictions.
Citation: Miss. Code § 91-7-177.
3. Administration Without a Will
When no valid will exists, interested parties petition for letters of administration. The clerk issues letters to a qualified administrator (often the surviving spouse or next of kin) to manage and distribute the estate under Miss. Code § 91-7-181 and § 91-7-187.
- Miss. Code § 91-7-181: Grant of letters of administration.
- Miss. Code § 91-7-187: Administration on intestacy.
Helpful Hints
- Review your state’s statutes before filing a will; self-proving affidavits save time and expense.
- Keep original wills and affidavits in a safe place; courts require certified originals.
- If witnesses are unavailable, plan for formal in-court proof by locating alternative attesting witnesses.
- For estates without wills, gather family records and prepare for notice to next of kin under the intestacy statutes.
- Consult the chancery clerk’s office in the county of decedent’s residence for local filing requirements and fees.