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When you don't need probate You might not need to get probate if: the estate was held jointly with the person's surviving spouse or civil partner, for example a joint bank account. the estate doesn't include land, property or shares. the money held in the account is within the banks limits.
In most cases, if the deceased owned property that had no other names attached, an estate must go through probate in order to transfer the property into the name(s) of any beneficiaries. When there are no beneficiaries named or they have predeceased the decedent, probate is necessary.
Under Mississippi statute, where as estate is valued at less than $50,000, an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent.
The Mississippi small estate affidavit may be used by an heir or successor when the decedent's estate (the person who died) left $75,000 or less in probate-able personal property.
All taxes and liabilities paid from the estate, including medical expenses, attorney fees, burial or cremation expenses, estate sale costs, appraisal expenses, and more. The executor should keep all receipts for any services or transactions needed to liquidate the assets of the deceased.
If you are named in someone's will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.
Basically, probate is necessary only for property that was: owned solely in the name of the deceased personfor example, real estate or a car titled in that person's name alone, or.
This means, for the assets not usually subject to probate, if you are a named beneficiary you will likely be able to assume ownership sooner and may save money on court costs and attorney fees.
Mississippi probate records include dockets, wills, settlements, petitions, letters, guardianships, claims, and minutes. Probate records of Mississippi have been kept by the chancery courts or probate courts. You can obtain copies of the records by contacting the clerk's office in each county courthouse.