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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.
Probate is the process by which assets of an individual, known as the decedent, who recently passed away, transfer to the individuals heirs. As part of this legal process, the probate court will validate the decedents last will and testament, distribute assets to the heirs, and settle all debts.
To get letters testamentary in Alabama, an estate must be opened in probate court and an executor must be appointed for the estate. If there is already an estate proceeding in another state, it may be possible to have letters testamentary issue from an Alabama probate court, if necessary, through an ancillary estate.
In the event a person passes away without leaving a will, the family members of the deceased or any person interested in the estate can apply for the Grant of Letters of Administration from the High Court to administer the said estate.
You have to apply for letters of administration if: there is no will. a will is not valid. there are no executors named in the will.
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Upon submission of satisfactory documents, the Clerk of Superior Court will issue to the Executor a document known as Letters of Testamentary. These Letters are required in order that the Executor can begin to address the affairs of the deceased person and administer the estate.
(1) Letters of administration shall be granted by the chancery court of the county in which the intestate had, at the time of his death, a fixed place of residence; but if the intestate did not have a fixed place of residence, then by the chancery court of the county where the intestate died, or that in which his
To apply for the letters of administration: download the correct paper form. fill in all sections that apply. print the form. sign and date the application. include a cheque with your application (see How to pay) send your completed form and supporting documents to:
How Long Does Probate Take in Mississippi? For simple and easy probates in Mississippi, the process can take four to six months.
Under Mississippi law, a will is filed with the court after the death of the testator.

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