Why is probate necessary?

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 provide third parties with the assurance that the heirs have good title to the inherited assets. Probate is the legal process where the will is declared valid, assuring third parties that title has effectively passed. In other words, the probate process operates to make your will legally effective. Probate also brings closure to the estate and cuts off creditors so that any claims against the property do not follow the property into the hands of your heirs.


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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.