Probate is the official proving of a will.

The word “probate” essentially means “to prove.” To probate a will is simply to prove its validity in court. It is the first step of the Mississippi probate process.

When someone passes away without a will, it’s called dying intestate — and it can make a difficult time even more complicated for loved ones.

These are the possible outcomes:

• State law decides who inherits the estate — not you.
• The court appoints an administrator to manage the estate.
• Delays and disputes are more likely, especially in blended or estranged families.
• Minor children’s guardianship could be decided without you input.
• Unintended outcomes are common — assets may not go where you would have wanted.

• Death Certificate: An original or certified copy is required to begin the probate process.
• Last  Will & Testament (if available): Outlines the deceased’s final wishes and appoints an executor.
• List of Assets & Debts: This includes bank accounts, real estate, vehicles, outstanding loans, etc.
• Heir & Beneficiary Information: Ensures proper legal notice is given and helps us understand who may be involved in the probate process.
• Estate-Related Legal or Financial Documents: Trust agreements, life insurance policies, property deeds, & business contracts.

Estate planning is important for everyone, no matter the size of your estate.

Having a simple will can serve the following critical purposes:

• Appoint someone to manage your affairs.
• Ensure that belongings go to the right people.
• Name guardians for minor children.
• Prevent confusion and legal delays.

Tying the knot changes more than your last name! Here are some key estate planning steps that newlyweds in Mississippi should consider:

• Update or create a will: Mississippi doesn’t automatically give your spouse full rights without a will. Make sure your wishes are clear.
• Name your spouse as beneficiary: review life insurance, bank accounts, and retirement plans.
• Review how property is titled: joint tenancy with right of survivorship may simplify asset transfer.

Plan for future children: Update your documents as your family grows.

• Marriage or Divorce: Update beneficiary designations, wills, and powers of attorney to reflect your current wishes.
• Birth or Adoption of a Child: Add guardianship provisions to make sure your child is protected.
• Retirement: As your assets shift, make sure your plan still aligns with your goals and financial reality.
• Death of a Loved One: If a beneficiary or appointed executor passes, your plans should be adjusted accordingly.
• Major Financial Changes: Buying a home, starting a business, or receiving an inheritance? Your estate plan should evolve too.

Yes, your will doesn’t override what’s listed on life insurance, retirement accounts, and payable-on-death bank accounts. 

Make sure that all beneficiary designations match your current wishes.

A Living Will outlines your medical preferences if you are incapacitated, while a Last Will ensures your assets are distributed according to your wishes after your passing.

No, in Mississippi, if you die without a will, your assets are divided according to state law, which may include children, parents, or other relatives.

Not necessarily. Even with a valid will, your estate may still go through probate unless you have made other arrangements such as setting up a trust.

Yes, assets placed in a properly set up trust can bypass probate and transfer assets directly to your chosen beneficiaries.

Yes, Mississippi does recognize handwritten (holographic) wills. However, they must meet specific requirements to be considered valid.