Petition for Partial Distribution - Mississippi 2025

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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.
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.
You can either part distribute and hold back partial funds to cover any new creditors, or you can require the beneficiaries to sign an indemnity letter confirming they will pay funds back into the estate if necessary.
Though dividing funds equally is optimal, there are certain situations that may warrant leaving more to one of your heirs. Having frank discussions with your heirs about your gifting decisions can make things easier for them.
A partial distribution may be allowed at any time after the inventory is filed. The Court will consider the condition of the estate and the assets to be distributed in examining the applications. The personal representative may be required to file a surety bond to cover the value of the distribution.
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The purpose of the deceased estate 3-year rule is to provide the estate executor or beneficiary sufficient time to manage and distribute the estates assets. It is important to note that this rule is conditional; for example, the property cannot be used to generate rental income during this three-year period.

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