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Mississippi Probate Basics

• The Need for Probate
• Opening a Mississippi Probate
• The Executor's Role
• Avoiding Mississippi Probate

Probating the Will

• Mississippi Probate Process
• Establishing Validity of the Will
• Managing the Probate Estate
• Probate & Payment of Claims

Dying Without a Will

• Laws of Intestacy
• Heirship Proceedings
• Probate & Real Estate

Will Contests

• Who May Contest
• Grounds for Contest - Testamentary Capacity. Under Mississippi law, a will is only valid if the decedent had "testamentary capacity," meaning that they are legally competent and of sufficient age to execute a will. Mississippi law generally requires a person to be at least 18 years old and of sound and disposing mind in order to execute a will. A person is considered to be of sound and disposing mind if he or she understands the nature of the act of making a will, is aware of their natural and named beneficiaries, and is able to determine how he or she wants to dispose of his or her property.

Miscellaneous

• Mississippi Probate Questions
• Probate & Estate Planning Terms

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Glossary

Intestate

Letters Testamentary

Living Trust

Muniment of Title

Probate

Revocable Trust

Testate

• Administrator – the person named by the court to manage the estate of a decedent who dies without a will. An administrator may also be referred to as a personal representative. Administratrix is the feminine form.

• Administratrix – see administrator.

• Decedent – a deceased person.

• Executor – the person appointed by the decedent or named by the court to carry out the terms of a will and manage the estate of the decedent. An executor may also be referred to as a personal representative. Executrix is the feminine form.

• Executrix – see Executor.

• Personal Representative – the person who manages the estate of the decedent. If the decedent died with a will (testate), the personal representative is known as an executor (male) or executrix (female). If the decedent died without a will (intestate), the personal representative is known as an administrator (male) or administratrix (female).

• Petition – a written request filed by a person (called a petitioner) with a court urging the court to take action.

• Petitioner – the person who files a petition with or brings an action in a court.

• Testator – the person who makes a will. Testatrix is the feminine form.

• Testatrix – see Testator.

NOTE: The information provided on this site is provided for illustration and informational purposes only and does not represent a proposal or specific recommendation or create an attorney-client relationship. Mississippi Probate Group, PLLC, does not engage in the practice of law. As a word of caution, the information presented cannot possibly substitute for competent legal advice. Our treatment of the law is general and is not intended as a comprehensive discussion of all relevant issues. Applicability of the law will depend upon your individual circumstances. If you have a particular question about the information presented, you can reach the site’s author by clicking the following link: Mississippi Probate Attorney. For more information, please review our terms of use.

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