Make Fillable Legal Mississippi Heirship Affidavits Forms For Free

To establish heirs, the probate attorney files a Petition to Establish Heirs with the chancery court in the county where the decedent died or owned property. Known heirs will usually join in the petition, and notice is published in the local newspaper to deal with any claims by unknown heirs.

Wait Thirty (30) Days. A filing will be accepted no earlier than thirty (30) days after the death of the decedent. Complete Documents. Complete and gather these documents: Affidavit of Small Estate. ... File With the Holder of Property. Take these documents to the individual or entity holding the property in question.

Explanation of Mississippi Heirship Affidavit An affidavit of heirship is a sworn statement of one or more family members and at least two unrelated parties that identifies the decedent's legal heirs. These affidavits are sometimes used as an alternative to probate of real estate.

Mississippi law states that a small estate affidavit is applicable when the total value of the decedent's assets is $75,000 or less. Also, the form is suitable for the collection of personal property only and, therefore, cannot be used to obtain the decedent's real estate.

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.

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.