Petition to Make Partial Distribution - Mississippi 2025

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Probate is triggered when a person dies leaving behind assets that require legal transfer. This includes: Solely Owned Real Property: Must be probated for ownership transfer. Personal Assets: Bank accounts and investments without designated beneficiaries.
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 (similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Probate laws are required in Mississippi, just like in other states. However, not every estate has to go through probate. Estates with less than $50,000 dont need to go through probate. You can avoid all the court hearings that come with the probate process by submitting an informal; probate affidavit.
Do I need probate? Mississippi probate is usually required if a deceased person died with Mississippi assets in his or her name and those assets do not pass automatically at the persons death. There are some alternatives to probate that may apply in limited circumstances.
A personal representative has the discretion to make a partial distribution of assets during the administration of the estate. You cannot make a distribution to siblings and then have insufficient funds to pay creditors or taxes.
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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.

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