After sixty (60) days of death, a person in who holds personal property, is indebted to the decedent or holding stock, etc. in this state of the estate of non-resident decedent may deliver such property to the non-resident foreign personal representative if the following is true:

• the person is presented with proof of appointment of the foreign personal representative as follows:
  • the admitted will and letters testamentary or letters of administration or substantial equivalent, authenticated under the Acts of Congress under 28 U.S.C. Section 1739; and
• an affidavit made by or on behalf of the personal representative stating:
  • (1) The date of the death of the nonresident decedent;
  • (2) That no local administration, or application or petition therefor, is pending in this state; and
  • (3) That the domiciliary foreign personal representative is entitled to payment or delivery.

An exception exists if a resident creditor informs the person holding the property not to deliver the property in their possession.

There is no need to open an Ancillary Probate in Mississippi to collect this personal property. An ancillary probate is only required for real property in Mississippi.

If there is no administration or application therefor pending in this state, the foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, authenticated copies of his appointment, including the admitted will and letters testamentary or letters of administration or substantial equivalent, authenticated under the Acts of Congress under 28 U.S.C. Section 1739, and any official bond he has given. A domiciliary foreign personal representative is subject to the estate administration requirements and obligations set forth in Title 91, Chapter 7, Mississippi Code of 1972.  He or she can now exercise as to assets in this state all powers of a local personal representative, and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.  This generally replaces an ancillary probate although a probate can still be files in this state as a regular probate.

Once filed the foreign personal representative can address both personal property and real property in Mississippi.