Probate & Estate Law

 

We assist individuals in both preparing an Estate for future conveyances and Probating or Administering an Estate when the time comes.

Estate Planning

Wills & Testamentary Trusts: Directs how your estate is to be distributed upon your death.

Living Trusts: Is created and becomes effective while you are still alive

Power of Attorney: Allows another person to act in your place pertaining to financial and property decisions.

Advanced Health Care Directive “Living Will”: Designates someone you choose to make health care decisions for you if you are unable to do so yourself

Probate and  Administration

An attorney is Required to Probate or Administer an Estate in Mississippi

Types of Estates:
  • Testate: meaning there was a valid will left-distributes through Probate
  • Intestate: meaning there was no valid will left-distributes through Administration
Steps to Probate or Administration
  1. Hire an Attorney
  2. Open the Estate: Petition the court to open the Estate and appoint either an Executor(ix), if there’s a will, or an Administrator(ix), if there is no will.
  3. Take the necessary oath and post any required bond.
  4. Pay any taxes that are outstanding.
  5. Locate all heirs: Notify all known heirs and for intestate estates notify all unknown heirs by publication.
  6. Notify Creditors: Complete an Affidavit and send notice to known creditors; then notify unknown creditors by publication.
  7. Probate Claims: Probate any claims that may come forward within the 90 days after the initial publication of creditors to prove a valid claim upon the Estate.
  8. Inventory: Make an inventory of all of the assets and debts of the Estate to be reported to the Court.
  9. Accounting: The Court may or may not require accounting throughout the probate process to require the Executor(ix) or Administrator(ix) to account for the estate’s assets.
  10. Closing: Petition the Court to close and distribute the Estate after all claims and fees are paid. The Petition should also ask that the duties of the Executor(ix)/Administrator(ix) to be discharged.

For more information about Probate & Estate matters schedule a free consultation with Stella Hurtt