Draw On Legal Mississippi Small Estates Forms For Free

Most of the time, probate is required in Mississippi. Small estates may have a more informal version of probate, and there are other cases where probate isn't necessary. However, for most instances, probate is necessary to distribute the assets of the estate and transfer ownership to the heirs.

If you die with children but no spouse, your children will inherit everything. If you die with one child, your spouse gets half of the intestate property and your child gets the other half. If you die with two or more children, your surviving spouse and children each get an equal share of your intestate property.

Most estates require some form of probate to transfer an inheritance in Mississippi. However, if the estate is worth less than $50,000, you can submit an informal probate affidavit instead of attending a court hearing. If the estate includes real estate, probate is typically required.

A Mississippi small estate affidavit is a legal statement used to obtain the property and financial assets of a deceased person without intervention from the court. Mississippi law states that a small estate affidavit is applicable when the total value of the decedent's assets is $75,000 or less.

Someone who dies without a will is called ?intestate,? which invokes the strict laws of intestacy. In Mississippi in the absence of a will, a surviving spouse inherits the entire estate unless there are also surviving children, in which case the spouse's share varies based on the number of children.

To use the small estate process, the following conditions must be true: The estate's assets have a gross value <$75K in total (prior to July 1, 2020 the limit was $50K) At least 30 days have passed since the death. No petition has already been made to the court to officially appoint a personal representative.