Whether an estate is small depends on the value of the property in it. This exception does not apply to real property like houses and land. The major function of the Mississippi Small Estate Affidavit is: If any person to whom an affidavit is delivered, in accordance with the provisions of subsection (1) of this section, refuses to pay, deliver, transfer or issue any personal property or evidence thereof to the successor, such property or evidence thereof may be recovered or its payment, delivery, transfer or issuance compelled upon proof of the successor’s right in a proceeding brought in chancery court for such purpose by or on behalf of the persons entitled thereto. ... housing costs, and real estate trends. 407; Laws, 1984, ch. The estate is over the value limit for small estates; Transfers of real estate are involved (however, many states are now implementing special affidavits for transfers of real estate) Thus, small estate affidavits are one way of avoiding probate. (2) For the purposes of this section, “successor” means the decedent’s spouse; or, if there is no surviving spouse of the decedent, then the adult with whom any minor children of the decedent are residing; or, if there is no surviving spouse or minor children of the decedent, then any adult child of the decedent; or, if there is no surviving spouse or children of the decedent, then either parent of the decedent. Below you’ll find statutes of limitations for several claims in Mississippi. Mississippi Requirements: The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. Special Notes: The language of the statute is mandatory, not permissive. Most states determine eligibility for summary probate by the size of the estate: “small estates,” as defined by state law, can use the simple procedure, and larger ones cannot. The threshold on how small an estate has to be to avoid probate varies state to state based on each states law. Mississippi Summary: Under Mississippi statute, where as estate is valued at less than $50,000, an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent. When deciding where to retire, there are a lot of factors to consider. You can see the statutes to learn more and to look for changes to them. Mississippi has an unlimited marital deduction for decedents dying after October 1, 1988. Small-claims courts allow individuals to file lawsuits on their own, or pro se, without an attorney. In Mississippi, most probate matters can be handled without adversarial hearings. A copy of the death certificate of … Mississippi Summary: Most states, including Mississippi, no longer collect an estate tax. Mississippi Probate and Estate Administration. Mississippi, like most states, has a simplified procedure for small estates. Also, an inheritor may request a transfer of real property without formal probate if the … Topics on this page: The Orphan’s Court’s appointment of personal representative by issuing Letters of Administration (Be aware that court rulings determine the way statutes are interpreted; they can even make statutes or parts of them unenforceable.) A copy of the death certificate of the decedent is attached hereto as Exhibit So unless you happen to be a Mississippi attorney, you will need to hire one. If there is no surviving spouse, the assets are to be delivered to an adult that the decedent’s minor children live with.  That adult is responsible to use the assets for the benefit of the minor children. 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