Disclaimer: This article does not constitute legal advice. Consult a licensed Mississippi attorney for advice specific to your situation.
Understanding Real Property in a Mississippi Estate
When someone dies owning real property—such as a house, land or commercial building—the personal representative must handle that asset properly. Mississippi law requires the court to admit the property into the estate before you sell or use it to pay debts.
Step-by-Step Process to Bring Real Property into the Estate
- Obtain Letters of Administration or Testamentary. Petition the chancery court in the county where the decedent lived. The court issues letters confirming your authority as executor or administrator.
- File an Inventory Including the Property. Within 90 days of qualification, file an inventory listing all estate assets, including real property. See Miss. Code Ann. § 91-7-73 (§ 91-7-73).
- Publish and Mail Notice to Creditors. Publish notice in a local newspaper and mail notice to known creditors. Creditors have three months to present claims. See Miss. Code Ann. § 91-7-361 (§ 91-7-361).
- Evaluate Estate Liquidity. Review available cash and liquid assets. If the estate lacks funds to pay valid claims, plan to sell real property.
- File a Petition for Sale of Real Property. File your petition in chancery court. Include a legal description, appraised value and list of creditors. Cite Miss. Code Ann. § 91-7-175 (§ 91-7-175).
- Obtain a Court Order Authorizing Sale. The court reviews the petition, confirms notice and issues an order. This order allows you to sell under court supervision.
- Conduct the Sale. Hold a public sale or negotiate a private sale as directed by the order. Ensure you meet any minimum bid or appraisal requirements in the court order.
- File a Report of Sale and Distribute Proceeds. After the sale, file a report with the court. Use sale proceeds to pay debts, expenses and distribute any balance to beneficiaries. See Miss. Code Ann. § 91-7-177 (§ 91-7-177).
Helpful Hints
- Obtain a professional appraisal before petitioning the court.
- Confirm any homestead or family allowances under Miss. Code Ann. § 91-1-3 (§ 91-1-3).
- Keep detailed records of notices, appraisals and sale documents.
- Communicate with creditors to avoid unexpected objections.
- Consult a local probate attorney for complex estates or disputes.
- File closing documents promptly to end your administration duties.