3003 Lakeland Cove, Suite E.  |  Jackson, MS 39232  |  601-420-2200

MASSEY, HIGGINBOTHAM, VISE, AND PHILLIPS, P.A.

Probate

We can assist you with the probate process when it involves family property or land. By assisting the Executor or Administrator of the Will, we can make the probate process proceed smoothly and efficiently.

Probate is the process of administering the estate of a deceased person according to the terms of a will or in accordance with your state’s laws of descent and distribution if there is no will.

Steps to Take

First, the purported will must be filed with the clerk of the appropriate court in the county where the deceased person lived or owned property.  In addition to filing the will, you must file a petition to have the court approve the will and appoint the executor named in the will (or if none is available, appoint an administrator).  You must also provide the Court an affidavit of someone who witnessed the execution of the will.

If the court determines the will is valid, the court then admits the will to probate. Probate is a general term for the entire process of the administration of estates of deceased persons, including those without wills, with court supervision.

Creditors of the estate must be notified during the probate process that they must probate their claims or else have their claims forever barred. The beneficiaries therefore gain the peace of mind that someone will not show up years later with a claim against the estate.

More information

Read the article “What is Probate and How Does It Work” in our articles section.