Preparing a Small Estate Affidavit in Mississippi is a beneficial way to administer the estate of a deceased person without having to go through the long, drawn out process of probate court proceedings.
The use of a Small Estate Affidavit for Mississippi is limited to situations where the deceased person did not have a lot of assets. To qualify in Mississippi, the estate in question must be valued below $50,000.
The major function of the Mississippi Small Estate Affidavit is:
- To inform the court that the estate in question meets the requirements of a small estate
- And, that the simplified summary probate administration should be initiated instead
Also, this simplified process entitles the executor of the document to receive possession and ownership of the deceased person’s property without having to go through the formality of probate.
The person completing the Small Estate Affidavit Mississippi form must also swear to make proper notice to other claimants, if any.
Fill out and print a free Mississippi Small Estate Affidavit form in just minutes online.
While the major legal requirement for utilizing a Small Estate Affidavit in Mississippi is the total worth of the decedent’s property, there are a number of factors you should consider to ensure that the estate administration goes as smoothly as possible.
How to fill out a Small Estate Affidavit Mississippi form
The Small Estate Administration process in Mississippi is started when the affiant makes the application at the appropriate local court in Mississippi where the decedent passed.
The appropriate court may be a surrogate’s court, probate court or circuit court, whichever is responsible for probate matters where the person died in Mississippi and the estate is located.
There is usually a waiting period of about 45 days before Small Estate proceedings in Mississippi can be started, however, the court may waive the waiting period with good cause.
While there is no formal process as to how a Mississippi Small Estate Affidavit must be drafted, a few relevant specifics must be included:
- The name and address of the deceased person
- Whether or not the deceased person had written a will
- A list of all the assets in the estate, with specific information on all of them including all account numbers. The assets may include bank accounts, insurance policies, investment accounts and cars and boats
- Whether there are any unpaid debts by the deceased including funeral expenses. If there are, the name and address of each creditor, specifying the amount owed to each one
- A list of everyone holding property due to the estate, with the particular property stated, as well as the name and address of the individual
- A list of everyone entitled to receive property from the estate, stating their name, age, address and relationship with the deceased person
- That notice will be given to other successors and creditors notifying them of the affiant’s intention to lay claim to the estate
- That the affiant understands under penalty of perjury that the Small Estate Affidavit Mississippi form is not false or misleading
Sometimes a Mississippi Small Estate Affidavit might not be the right course of action, depending on the deceased person’s assets and the conditions of their financial health.
A Small Estate Affidavit for Mississippi should not be filed when:
- There are minor or disabled beneficiaries
- The heirship may be disputed
- There are creditors or funeral expenses yet to be settled
- The will might be contested, ambiguous or of questionable validity
- All estate assets are not known
- Probate proceedings have already been initiated
A Mississippi Small Estate Affidavit form must be notarized
Once you have filled out the Mississippi Small Estate Affidavit form completely, it must be sworn and signed in the presence of a local notary public.
A certified copy of the death certificate is also required to be filed along with the Small Estate Affidavit in Mississippi. The death certificate can be obtained from the local health department for a nominal fee.
After the Mississippi Small Estate Affidavit has been filed, the normal court process for Small Estate Administration takes place, with the affiant receiving the court’s permission to take over the estate, taking into consideration the provisions of the law with regards to creditors as well as court costs and other expenses.
After satisfying all claims, the estate’s assets can then be distributed, either in accordance with the will, or with the laws of intestacy, when there is no will.
Fill out and print a free Small Estate Affidavit form for Mississippi in just minutes online.
Free Small Estate Affidavit Form Adams County Mississippi
Free Small Estate Affidavit Form Alcorn County Mississippi
Free Small Estate Affidavit Form Amite County Mississippi
Free Small Estate Affidavit Form Attala County Mississippi
Free Small Estate Affidavit Form Benton County Mississippi
Free Small Estate Affidavit Form Bolivar County Mississippi
Free Small Estate Affidavit Form Calhoun County Mississippi
Free Small Estate Affidavit Form Carroll County Mississippi
Free Small Estate Affidavit Form Chickasaw County Mississippi
Free Small Estate Affidavit Form Choctaw County Mississippi
Free Small Estate Affidavit Form Claiborne County Mississippi
Free Small Estate Affidavit Form Clarke County Mississippi
Free Small Estate Affidavit Form Clay County Mississippi
Free Small Estate Affidavit Form Coahoma County Mississippi
Free Small Estate Affidavit Form Copiah County Mississippi
Free Small Estate Affidavit Form Covington County Mississippi
Free Small Estate Affidavit Form De Soto County Mississippi
Free Small Estate Affidavit Form Forrest County Mississippi
Free Small Estate Affidavit Form Franklin County Mississippi
Free Small Estate Affidavit Form George County Mississippi
Free Small Estate Affidavit Form Greene County Mississippi
Free Small Estate Affidavit Form Grenada County Mississippi
Free Small Estate Affidavit Form Hancock County Mississippi
Free Small Estate Affidavit Form Harrison County Mississippi
Free Small Estate Affidavit Form Hinds County Mississippi
Free Small Estate Affidavit Form Holmes County Mississippi
Free Small Estate Affidavit Form Humphreys County Mississippi
Free Small Estate Affidavit Form Issaquena County Mississippi
Free Small Estate Affidavit Form Itawamba County Mississippi
Free Small Estate Affidavit Form Jackson County Mississippi
Free Small Estate Affidavit Form Jasper County Mississippi
Free Small Estate Affidavit Form Jefferson County Mississippi
Free Small Estate Affidavit Form Jefferson Davis County Mississippi
Free Small Estate Affidavit Form Jones County Mississippi
Free Small Estate Affidavit Form Kemper County Mississippi
Free Small Estate Affidavit Form Lafayette County Mississippi
Free Small Estate Affidavit Form Lamar County Mississippi
Free Small Estate Affidavit Form Lauderdale County Mississippi
Free Small Estate Affidavit Form Lawrence County Mississippi
Free Small Estate Affidavit Form Leake County Mississippi
Free Small Estate Affidavit Form Lee County Mississippi
Free Small Estate Affidavit Form Leflore County Mississippi
Free Small Estate Affidavit Form Lincoln County Mississippi
Free Small Estate Affidavit Form Lowndes County Mississippi
Free Small Estate Affidavit Form Madison County Mississippi
Free Small Estate Affidavit Form Marion County Mississippi
Free Small Estate Affidavit Form Marshall County Mississippi
Free Small Estate Affidavit Form Monroe County Mississippi
Free Small Estate Affidavit Form Montgomery County Mississippi
Free Small Estate Affidavit Form Neshoba County Mississippi
Free Small Estate Affidavit Form Newton County Mississippi
Free Small Estate Affidavit Form Noxubee County Mississippi
Free Small Estate Affidavit Form Oktibbeha County Mississippi
Free Small Estate Affidavit Form Panola County Mississippi
Free Small Estate Affidavit Form Pearl River County Mississippi
Free Small Estate Affidavit Form Perry County Mississippi
Free Small Estate Affidavit Form Pike County Mississippi
Free Small Estate Affidavit Form Pontotoc County Mississippi
Free Small Estate Affidavit Form Prentiss County Mississippi
Free Small Estate Affidavit Form Quitman County Mississippi
Free Small Estate Affidavit Form Rankin County Mississippi
Free Small Estate Affidavit Form Scott County Mississippi
Free Small Estate Affidavit Form Sharkey County Mississippi
Free Small Estate Affidavit Form Simpson County Mississippi
Free Small Estate Affidavit Form Smith County Mississippi
Free Small Estate Affidavit Form Stone County Mississippi
Free Small Estate Affidavit Form Sunflower County Mississippi
Free Small Estate Affidavit Form Tallahatchie County Mississippi
Free Small Estate Affidavit Form Tate County Mississippi
Free Small Estate Affidavit Form Tippah County Mississippi
Free Small Estate Affidavit Form Tishomingo County Mississippi
Free Small Estate Affidavit Form Tunica County Mississippi
Free Small Estate Affidavit Form Union County Mississippi
Free Small Estate Affidavit Form Walthall County Mississippi
Free Small Estate Affidavit Form Warren County Mississippi
Free Small Estate Affidavit Form Washington County Mississippi
Free Small Estate Affidavit Form Wayne County Mississippi
Free Small Estate Affidavit Form Webster County Mississippi
Free Small Estate Affidavit Form Wilkinson County Mississippi
Free Small Estate Affidavit Form Winston County Mississippi
Free Small Estate Affidavit Form Yalobusha County Mississippi
Free Small Estate Affidavit Form Yazoo County Mississippi