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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.
In Mississippi, the probate process generally follows these steps: Filing a petition: A petition must be filed with the local chancery court to either admit the will to probate and appoint the executor. Or, if there's no will, to appoint an administrator of the estate.
The Mississippi probate attorney presents a Petition to Close the estate at a hearing at the Chancery Court. Usually the heirs to the estate are in agreement with the distribution of estate assets and will sign a Waiver and Joinder to the Petition to Close.
To write a will, Mississippi law states you must be at least 18 years old, of sound and disposing mind, must intend the document to be your will and must have the written will validly executed. Upon your death, your will must go through probate, a court proceeding that declares the will valid or invalid.
The executor will receive Letters Testamentary from the court, which authorizes the executor to act for the estate and carry out the decedent's wishes ing to how their will is written.
It is often written by the executor or trustee to provide beneficiaries with specific details about their inheritance, such as the assets they will receive, distribution timelines, any applicable taxes or fees, and any requirements or conditions that need to be fulfilled.
Selling a House with Multiple Inheritors in Mississippi: If the inherited property has multiple heirs, the majority can decide to sell the house by filing a lawsuit of partition action in the state probate court of Mississippi.
Mississippi Probate typically takes between 6 months and one year, possibly longer if probate assets include real estate that must be sold to pay debts.