The duration of the probate process and closing of an estate can vary significantly depending on various factors, including the complexity of the estate, local laws, potential disputes, and the…
An anual accounting is filed with the court by an executor or administrator showning receipts, expenses and other information in administration of the estate. A Will may waive the requirement…
If a person dies without a will and such person is under a legal disability and has had a guardian, conservator or other fiduciary appointed, then the judge or clerk…
When the probate is filed and order entered, a form named letters testamentary is made and provided to the executor. The letters testamentary is the document the executor uses to…
A caveat against probate is a means to contest a will before it is probate. If files, the will cannot be probated until the contest is resolved, if resolved in…
The chancery court in the county where the decedent had a fixed place of resident, or if none, where any real estate of the decedent is located is the proper…
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…
Generally not. Unless the deceased had gifted away his or her assets to someone shortly before dying, or otherwise acted in concert with them to defraud his or her creditors,…
Yes and No. In addition to all out-of-pocket expenses in managing and settling the estate, personal representatives generally earn a fee. But the Will may appoint without compensation or the…
No, it is your choice to serve or decline to serve. If you choose to serve as personal representative you can later resign, although you may have to provide an…
Under law of most states, a person has broad rights to direct the disposition of his or her assets. Part of this direction usually involves nomination of an executor to…
The personal representative (sometime also referred to as the executor or executrix if there is a Will, or the administrator or administratix if there is no Will) is appointed as…
Generally it is necessary to go through probate or, in the case of smaller estates, a less formal procedure that is still under the general supervision of the probate court,…
The laws of the state in which the deceased was a permanent resident governs who would receive all the deceased’s personal property, wherever it was located, and all the deceased’s…
Probate usually occurs in the Chancery court in Misissippi and county where the deceased permanently resided at the time of his or her death. Such courts go by different names…
A probate proceeding may be unnecessary under some circumstances. For example, if an estate consists of entirely jointly owned property that passes to the survivor under contract principles, there may…
A will is an instrument which can transfer assets to your heirs as set forth in the will. However, court recognition of the instrument as valid is usually necessary to…
The bank holding my deceased mother’s certificate of deposit and will not distribute the funds to her estate without her will being probated. Can the bank require my family to…
The person who probates your Will is called an Executor, Executrix, or Personal Representative. This person is the person who will file your Will with the Court and handle all…
You may see the terms Testate and Intestate. Testate means a person died without a Will. Intestate means a person died without a Will. It cost less to probate (file…
