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How do you avoid probate in Mississippi?

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).

Do wills have to be filed in Mississippi?

Under Mississippi law, a will is filed with the court after the death of the testator.

Can I write my own will in Mississippi?

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.

What happens to property when someone dies without a will in Mississippi?

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.

How much does an estate have to be worth to go to probate in Mississippi?

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.

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