Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Initiating estate administration in Mississippi requires a personal representative to gather specific documents and certificates. Collecting these items before filing a petition streamlines the probate process and ensures compliance with Mississippi law.
1. Certified Death Certificate
Obtain multiple certified copies of the decedent’s death certificate from the vital records office or the county registrar of the county where death occurred. Courts and financial institutions typically require the original certified version.
2. Original Will and Codicils
Locate and preserve the original will and any codicils. If the decedent appointed an executor, this person files the will with the chancery court to open probate (Miss. Code Ann. § 91-7-51).
3. Letters Testamentary or Administration Application
Prepare the application for letters testamentary (executor) or letters of administration (administrator). Include the decedent’s death certificate, proof of service to heirs, and the oath of the personal representative (Miss. Code Ann. § 91-7-247).
4. Inventory and Appraisals
Compile an inventory of probate assets, including real estate, bank accounts, investment statements, vehicles, and personal property. Obtain professional appraisals for real property and valuable personal items as required by Miss. Code Ann. § 91-7-353.
5. Asset Documentation
- Real property deeds and mortgage statements
- Bank and investment account statements
- Vehicle titles and registration
- Insurance policies (life, homeowner, auto)
- Business ownership documents
6. Heirship and Beneficiary Information
Identify and document the decedent’s heirs or beneficiaries. If no will exists, prepare an affidavit of heirship outlining family relationships under Mississippi intestacy laws (Miss. Code Ann. § 91-7-15).
Helpful Hints
- Order extra certified death certificates to satisfy banks and title companies.
- Search for safe deposit boxes; schedule an inventory with a bank officer.
- Review recent tax returns to identify overlooked assets.
- Notify all known beneficiaries within 90 days of appointment.
- Keep organized records of all filings and correspondence.
- Consider consulting a probate attorney for complex estates.