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:
- State: Mississippi
Answer:
When a person dies, their assets are distributed in the probate process. If a person dies without a valid will, an administrator is named to handle the distribution of the estate after a petition to probate the estate is filed with the court in the county where the deceased resided. The court will issue letters testamentary of letters of administration, giving the administrator authority to collect the assets and pay the debts of the decedent. The executor will be responsible for sending notices to creditors, collecting the property of the deceased, filing inventories of the estate, and distributing the estate assets in accordance with the will. The complexity will vary according to the circumstances in each case, such as the assets of the estate and potential claims involved.
In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. The amount is $50,000 in Mississippi to collect property by affidavit. To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
