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You can use an Affidavit in Mississippi, rather than go through a full probate, only if an estate is worth less than $12,500 and there is no bank account or Will. Mississippi also allows for a summary probate procedure for estates worth less than $500.
As indicated above, only executors who act in the course of a profession or business which includes providing services in connection with the management or administration of trusts can charge (with the consent of their co-executors).
How long does probate take? California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.
Mississippi probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
Living trusts In Mississippi, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
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Its important to understand the process whether you are an executor or an heir. A petition to open probate is filed with the court. The court will approve the executor or appoint someone if the will didnt name a person. The executor must publish notice in the local newspaper for creditors for three weeks.
One common approach in Mississippi is to base executor compensation as a percentage of the gross estate value (before considering debts, but not including assets that the executor doesnt actually manage, such IRAs or 401Ks with named beneficiaries): 5.0% on the first $100K. 4.0% on the next $200K. 3.0% on the next
The executor must take inventory and appraise all valuable assets. They may need to sell some assets to pay creditors. The executor is responsible for filing tax returns, paying taxes and other debts. Once all debts have been paid, the rest of the estate is dispersed among the heirs and the estate closed.
Before the estate is distributed, costs such as funeral, debts, legal fees, executors expenses and inheritance tax (if applicable) are paid. The balance is then paid out to the beneficiaries of the will/intestacy. As a beneficiary, you do not usually incur costs personally.
Upon your death, your will must go through probate, a court proceeding that declares the will valid or invalid. Once the court declares a will valid, it appoints an administrator for the will unless the deceased named an executor.

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