Biloxi Probate Attorneys Providing Legal Services and Advice for Clients in Biloxi, MS

Probate is the legal process of overseeing the distribution of assets after someone passes away. When someone dies and leaves a will, a probate court will make sure the will is valid, appoint a personal representative to manage the estate, and supervise the actions of the personal representative, with the goal of ensuring the assets listed on the will are properly managed and distributed.

Is Probate Mandatory in Mississippi?

Probate is required for most estates in Mississippi, but smaller estates may be able to undergo a simplified probate process. Generally speaking, probate is required in order to transfer assets owned solely by the decedent at the time of death. That means if your loved one owned a vehicle, for example, and the vehicle was in his or her name, that asset needs to go through probate before it can be passed to a beneficiary.

Not all assets in an estate require probate. Assets placed in a trust or other assets with a named beneficiary (such as bank accounts, financial assets, or IRAs), as well as assets with a co-owner can usually be transferred directly to the beneficiary.

What Does a Personal Representative Do During Probate?

A personal representative (also called an executor or estate administrator) plays a key role during probate. The personal representative is given authority by the probate judge to act on behalf of the estate, and carry out all the tasks required to inventory the assets, pay off any estate debts and taxes, distribute assets to heirs and close the estate.

You may name a personal representative in your will, and you can also name another person to take on that role in case your primary representative is unable or unwilling to do the job. It is important to give some thought to choosing the right person for this role, as it can be quite time-consuming and require a significant level of organization and business skills.

Do I Need a Probate Attorney?

Working with a probate attorney may be a sensible step, especially if you were given the task of administering your loved one’s estate. Probate in Mississippi can take several weeks and require many formalities. Depending on the size and complexity of the estate you may be managing, working with a probate attorney can help streamline the process and minimize the risk of making common yet costly mistakes.

Contact Rundlett Law Firm, PLLC Today

If you have questions or need help with probate in Mississippi, contact Rundlett Law Firm, PLLC. Our attorneys have assisted countless clients in Biloxi, MS, and surrounding areas in navigating the probate process in Mississippi. Contact us at (228) 338-1515 to learn more about how we may be able to serve you.