What form is needed to transfer property to my mother after my father's death?

Full question:

My Father passed away. Owns property in MS. Had a will and left everything to my mother. What form do we need to transfer land and mineral rights to my mother. Land was in his name only and not joint ownership.

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Mississippi

Answer:

When a person dies, their assets go through probate. Since your father had a will that leaves everything to your mother, the probate process will distribute the estate according to that will. An executor will be appointed to manage this process.

The executor is responsible for notifying creditors, collecting the deceased's property, filing an inventory of the estate, and distributing the assets as specified in the will. If the estate's value is below a certain threshold, it may qualify for a simplified probate process. In Mississippi, this threshold is fifty thousand dollars ($50,000), allowing property to be collected via affidavit.

To transfer the real property and mineral rights to your mother, the executor must execute an executor's deed or fiduciary deed. This deed will legally transfer ownership from your father to your mother.