Probate and Estate Administration Explained: What Heirs and Executors Need to Know

When a person passes away, his or her estate must be finalized. In Mississippi, the estate administration process is often (but not always) handled through the formal probate process. At The Hunter Law Firm, PLLC, we are well-versed in this area of law. Our Natchez probate lawyer can help you navigate probate court and the estate administration process in Mississippi. 

What is Estate Administration?

Broadly explained, estate administration is the process by which a decedent’s assets are gathered, debts and taxes are resolved, and remaining property is distributed to heirs or beneficiaries. In Natchez, the process is governed by Title 91 of the Mississippi Code. The process is generally supervised by the chancery court in the county where the decedent resided at the time of death.

Notably, the person responsible for administration depends on whether the decedent left a valid will. If a will exists, the court appoints an executor named as named within that document. However, if there is no will, the court appoints an administrator under Mississippi’s intestacy statutes. Both of these parties are fiduciaries that owe duties of loyalty, prudence, and impartiality. They must act in the best interests of the estate. 

When is Probate Required in Mississippi?

In Mississippi, formal probate is not required in every case or for every asset. Instead, the need for formal administration (or lack thereof) will depend on the nature and value of assets as well as how they are titled. Probate is generally required when the decedent owned assets solely in their individual name without a designated beneficiary. 

If the decedent left a will, probate is required to admit the will to record and authorize the executor to act. Mississippi law requires the will to be probated within a specific statutory period. The failure to timely probate a will can affect its enforceability and the administration of the estate. However, it is important to note that probate can still be required even if the decedent did not leave a will. 

A Note On Small Estates in Mississippi: Mississippi law permits successors to bypass formal probate through an “affidavit of successor” procedure (Miss. Code Ann. § 91-7-322). The process mechanism applies only to qualifying estates and is strictly limited in scope. The estate must consist of personal property only. That means that real property cannot be transferred through this procedure. To qualify, the total value of the probate estate must not exceed $75,000 after deducting liens and encumbrances.

An Overview of the Mississippi Probate Process

Probate can be a complex, confusing process. It is not uncommon for heirs and executors to have questions about how the system actually works in Mississippi. Here is an overview of the most notable steps of the probate law process in our state: 

• Step #1: The Filing of a Petition to Open the Estate: Probate does not start automatically when a person passes away in Mississippi. The process begins with a petition filed in the chancery court to open the estate. If a will exists, the petition seeks to admit the will to probate and appoint the named executor. If no will exists, the petition seeks the appointment of an administrator. 

• Step #2: A Court Issues Issuance of Letters Testamentary or Letters of Administration: Once appointed, the fiduciary receives Letters Testamentary (for executors) or Letters of Administration (for administrators). These documents provide legal authority to act on behalf of the estate. Financial institutions and third parties rely on these letters to recognize the fiduciary’s authority. Without these letters, there is no power to take action. 

• Step #3: Inventory and Appraisal of Estate Assets: Probate cannot move forward until it is clear what assets are actually in the estate. As a next step, the executor or estate administrator must identify and value all relevant property and assets. Along with other things, this may include real estate, cash, bank accounts, stock, businesses, vehicles, and other personal property. A comprehensive inventory is a must. 

• Step #4: Notice to Creditors and Administration of Claims: There may be creditor claims filed against an estate. The executor or estate administrator will need to publish notice to creditors in accordance with Mississippi law. Known creditors may also require direct notice. Creditors have a limited statutory period to file claims against the estate. The executor or estate administrator must evaluate each claim and either allow or contest it. 

• Step #5: Payment of Debts, Expenses, and Taxes: Before distribution can actually happen, the executor or estate administrator must satisfy valid creditor claims, administrative expenses, and pay any applicable taxes that remain outstanding. The priority of payments is governed by Mississippi law.

• Step #6: Accounting and Final Settlement: The executor or estate administrator must prepare a detailed accounting of all receipts, disbursements, and distributions. Notably, the accounting is submitted to the chancery court for review. Interested parties have the opportunity to object, and the accounting must be approved by the court. 

• Step #7: Distribution of Remaining Assets and Discharge: Finally, after court approval, the executor or estate administrator distributes the remaining assets to heirs or beneficiaries in accordance with the will or intestacy law. The executor or estate administrator will then petition for discharge. Once granted, the fiduciary is released from further legal responsibility for the estate.

We are Leaders in Probate and Estate Administration in Mississippi 

Estate administration is complicated. Whether you are an heir or the executor, you may have a lot of questions about your rights and your options. At The Hunter Law Firm, PLLC, we are leaders in probate law in Adams County and throughout the broader Mississippi region. Your initial consultation with our Natchez probate and estate administration attorney is confidential.