Mississippi Petition For Order Requiring Production of Will

State:
Multi-State
Control #:
US-00743BG
Format:
Word; 
Rich Text
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Description

This form is a generic pleading that may be referred to when preparing a Petition to force someone who is custodian of the Last Will and Testament of decedent to produce the Will.

A Mississippi Petition for Order Requiring Production of Will is a legal document filed in the state of Mississippi to request the court's intervention in obtaining access to a deceased individual's Last Will and Testament. This petition is typically filed when there is uncertainty or suspicion surrounding the existence or location of a will. The primary purpose of the Mississippi Petition for Order Requiring Production of Will is to compel the executor or any party in possession of the will to produce it to the court. It allows interested parties, such as potential beneficiaries or heirs, to ascertain the contents of the will and ensure its proper probate. In Mississippi, there are different types of Petition for Order Requiring Production of Will, including: 1. Petition for Order Requiring Production of Original Will: This type of petition is filed when the original will is believed to be in the possession of the executor or another person, and its production is necessary for probate proceedings. 2. Petition for Order Requiring Production of Copy of Will: If the original will is thought to be lost or destroyed, this petition is filed to request the court to order the production of a certified copy of the will. 3. Petition for Order Requiring Production of Will from Safe Deposit Box: In cases where the will is suspected to be stored in a safe deposit box owned by the deceased, this petition seeks the court's authorization to access and retrieve the will from the box. To file a Mississippi Petition for Order Requiring Production of Will, it is important to follow specific procedural guidelines. The petition must be accurately drafted, clearly stating the reasons for requesting the production of the will and providing sufficient evidence to support the claim. Additionally, it is necessary to properly serve the petition upon all interested parties and comply with any additional requirements set by the court. It is highly recommended consulting with an experienced Mississippi attorney specializing in probate law before preparing and filing a Petition for Order Requiring Production of Will. They can guide you through the process, ensure all necessary documentation is included, and increase the chances of a successful outcome in obtaining access to the will in question.

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No foreign attorney may appear pro hac vice before any court or administrative agency of this state unless the foreign attorney has associated in that cause a local attorney. The name of the associated local attorney shall appear on all notices, orders, pleadings, and other papers filed in the cause.

Any party may serve as a matter of right upon any other party written interrogatories not to exceed thirty in number to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such ...

Any party may serve as a matter of right upon any other party written interrogatories not to exceed thirty in number to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such ...

If action of record is not taken or good cause is not shown, the court shall dismiss each such case without prejudice. The cost of filing such order of dismissal with the clerk shall not be assessed against either party.

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.

The summons and a copy of the complaint must then be served on each defendant. This rule provides for personal service, residence service, first-class mail and acknowledgement service, certified mail service, and publication service.

Rule 82 - Jurisdiction and Venue (a) Jurisdiction Unaffected. These rules shall not be construed to extend or limit the jurisdiction of the courts of Mississippi. (b) Venue of Actions. Except as provided by this rule, venue of all actions shall be as provided by statute.

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Mississippi Petition For Order Requiring Production of Will