If I am trustee of a trust, do I need to probate a will of the deceased?

The need for probate when there is a trust in place depends on various factors.

In many cases, having a trust can help avoid probate because the trust assets are typically held outside of the probate process. When someone passes away and they have a properly funded trust, the assets held within the trust are distributed according to the terms of the trust, without the need for probate court involvement.

As the trustee of the trust, it is generally your responsibility to administer the trust and distribute the assets according to the instructions outlined in the trust document.

However, usually there is property that was not transferred to the trust.  It is common and recommended that at the time the trust is made, a Pour Over Will or other will is made to cover this potential. Whether actual probate will be required in Mississippi will depend on the value of the property outside the trust and other factors.

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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.