Detailed Answer
In Mississippi, when someone dies without a will (intestate), the chancery court appoints an administrator to oversee the estate. The process involves:
- Identify Heirs: Mississippi Code § 91-7-3 outlines intestate succession and priority heirs. For example, the surviving spouse and children share first in line (Miss. Code § 91-7-3).
- File a Petition: A potential heir files a petition for letters of administration in the probate court of the decedent’s last residence. The requirements appear in Miss. Code § 91-5-13.
- Follow Priority Rules: The court follows the order in Miss. Code § 91-5-15. If multiple parties qualify, the court may prefer the closest heir or, after 30 days, any suitable person.
- Post Bond: The administrator must post a bond as required by Miss. Code § 91-5-35.
- Letters of Administration: After verifying qualifications, the court issues letters of administration. This document grants legal authority to manage and distribute assets according to Mississippi law.
Hypothetical Example: Jane Doe dies intestate in Jackson County, leaving two children. Her eldest child, John, petitions the court as the priority heir under § 91-7-3, posts the required bond, and receives letters of administration.
Helpful Hints
- Gather a certified death certificate and family records before filing.
- Verify heirship clearly; unidentified heirs can delay the process.
- Check local court rules for filing deadlines and fees.
- Notify known creditors and beneficiaries promptly.
- Maintain an accurate inventory of estate assets once appointed.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance.