Probate in Mississippi | MS Legal Resources | FastCounsel

Mississippi — How Children Inherit When a Person Dies Without a Will

FAQ: How do children inherit when someone in Mississippi dies without a will? Short answer: If a person (the decedent) dies intestate (without a valid will) in Mississippi, the decedent's surviving children inherit the decedent's intestate share. Surviving children generally take equal shares; descendants of a predeceased child step into that child’s share (so grandchildren […]

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Mississippi: Getting Court Approval to Sell a House and Pay Off the Mortgage

How to Get Court Approval to Sell a House and Pay Off the Mortgage (Mississippi) Disclaimer: I am not a lawyer. This article explains common steps people take under Mississippi law to seek court approval to sell real property and use the proceeds to pay a mortgage. This is educational information only and not legal […]

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Payable-on-Death (POD) Accounts and Estate Creditors in Mississippi

Can beneficiaries of payable-on-death accounts be required to use those funds to pay a decedent’s creditors? Short answer: In Mississippi, payable-on-death (POD) accounts generally pass directly to the named beneficiary and outside probate. Because POD funds usually are not part of the probate estate, they are typically not available to pay estate creditors through the […]

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Mississippi: How to Open an Estate Bank Account After a Parent Dies

Detailed Answer Quick overview: After a parent dies, the person appointed by the court to manage the estate (the personal representative, sometimes called an executor or administrator) uses an Employer Identification Number (EIN) issued by the IRS to open an estate bank account. That account holds the decedent’s funds while debts and taxes are paid […]

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Mississippi — What Happens If a Creditor Files After the 90‑Day Notice Period?

Understanding late creditor claims in Mississippi probate Disclaimer: This article explains general Mississippi probate principles and is not legal advice. Consult a licensed Mississippi attorney about your specific situation. Detailed answer — What typically happens when a creditor files after the 90‑day notice period When a person dies in Mississippi and the personal representative (executor […]

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Claiming Your Share of a Parent's Estate in Mississippi When There Is No Will

What to do if your parent died without a will in Mississippi: claiming your share Detailed Answer — How to claim your share when a parent dies intestate in Mississippi This answer explains the common steps and legal rules that apply when a Mississippi resident dies without a will (called “intestate”). It describes how heirs […]

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Mississippi — Rights of a Surviving Spouse When a Spouse Dies Without a Will

Surviving Spouse Rights in Mississippi When a Partner Dies Intestate Quick overview: If your spouse died without a will in Mississippi (intestate), you have legal rights to inherit, to participate in the probate process, and to ask the court to appoint you as the estate administrator. Exactly what you receive depends on who else the […]

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How to Be Appointed Estate Administrator in Mississippi When a Spouse Dies Intestate

How to Get Appointed as Estate Administrator in Mississippi When a Spouse Dies Intestate and Family Won’t Cooperate Detailed Answer This overview explains, in plain language, how a surviving spouse can get appointed as the administrator (personal representative) of a spouse’s intestate estate in Mississippi even when other family members refuse to cooperate. This is […]

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How to Claim Foreclosure Surplus from a Deceased Parent in Mississippi

Overview — Who gets foreclosure surplus when a decedent owned the property? If your deceased parent’s home was foreclosed and the sale produced money in excess of the mortgage, that extra money (called surplus funds or overage) belongs to the owner or the owner’s successors in interest. When the owner died and no probate was […]

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Transferring an Inherited Single‑Member LLC Membership Interest in Mississippi

How to Transfer an Inherited Membership Interest in a Single‑Member LLC in Mississippi — FAQ This FAQ explains how an inherited membership interest in a single‑member limited liability company (LLC) is treated in Mississippi and the practical steps heirs and personal representatives should take after probate. This is educational information and not legal advice. For […]

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