Probate & Administration

Taking Care of Any Probate or Administration Issues

  • Free 30-Minute Estate Planning Consultation*
  • Best Law Firm by  "Best of the Triangle"
  • In Practice Since 1976

When a loved one has died and left you in charge of their estate, it can be especially difficult to navigate legal proceedings while grieving. When you choose Dunn & Hemphill, P.A., you'll get experience from a seasoned team of attorneys regarding probate and administration matters.

Professional Legal Counsel and Representation

Not everyone will require probate. Sometimes, the law allows the estate to be settled with a more streamlined administration. Benefit from our Consultation to determine the most efficient method of transferring the decedent's assets.

Let the law firm of Dunn & Hemphill, P.A., offer their experience to your loved one's estate or your own will. Contact us today.

Probate

When there is Mississippi real and/or personal property titled in the name of someone who has died a resident of this state, and that property is not owned by one or more persons jointly with rights of survivorship, in most situations, Mississippi law requires that that person's last will and testament be probated. The probate of a will is the judicial process through which a document is proven to be someone's true and valid last will and testament, and unless so probated and proved, no testamentary writing can have the effect of a will.

Administration

If there is no will, then Mississippi law requires that a legal administration be conducted through the appropriate Chancery Court to establish the heirs of the deceased person so that the title to the property can clearly pass to those entitled to receive it, as it would under the terms of a person's last will and testament if they had one. If there is no will, the Chancery Courts also require that a Determination of Heirship be done to establish who the true heirs of the deceased person were. Without a determination of heirship, title to real property may be affected and complicate the sale of any property held in the individual's name alone.

Understanding Probate

Probate proceedings are overseen by the Chancery Court, ensuring that the wishes outlined in the deceased's will are executed faithfully. Your personal representative plays a crucial role in managing the probate process under the supervision of the court.

AVOIDING Probate

While probate is a necessary legal process in many cases, there are common tools available to help minimize or even avoid probate altogether. These include:


  • Joint Ownership of Assets: Holding assets jointly with a spouse or other individuals can bypass probate and ensure a smoother transfer of ownership.
  • Pay-on-Death or Transfer-on-Death Beneficiary Designation: By designating beneficiaries on accounts such as bank accounts, retirement accounts, and life insurance policies, assets can be passed directly to beneficiaries without the need for probate.
  • Deed with Reservation of a Life Estate: This option allows individuals to retain the right to use the property during their lifetime while ensuring a seamless transfer to designated beneficiaries upon death.
  • Transfer-on-Death Deed: Similar to beneficiary designations, this deed allows real estate property to transfer directly to designated beneficiaries upon the owner's death.

HIGHLIGHT ON POD/TOD OPTIONS

We emphasize the importance of utilizing Pay-on-Death (POD) or Transfer-on-Death (TOD) options to streamline the transfer of assets outside of probate. These options include:


  • Bank accounts include checking, savings, and certificates of deposit.
  • Life insurance policies ensure prompt distribution of benefits to beneficiaries.
  • Retirement accounts provide a seamless transfer of assets to designated heirs.
  • Transfer-on-death deeds for real estate, facilitating the transfer of property without the need for probate.

Please contact us to if you have any questions about the probate and administration process. Call to schedule a consultation today. (662) 327-4211

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