Statutory order of preference for appointment of Administrator. § 91-7-63, MCA.
In order to initiate an administration for a decedent who died without a will, a petition must be filed in the county in which the decedent resided.
The decedent’s heirs are given priority to serve as administrators or administratrix of the estate for thirty days. After 30 days, the appointment of an administrator or administratrix is within the discretion of the court. In order for letters of administration to be granted, the individual who petitions to be appointed as the administrator or administratrix must meet three requirements. First, the prospective administrator or administratrix must be at least eighteen years of age. Second, the prospective administrator or administratrix must not have been convicted of a felony. Third, the prospective administrator or administratrix must be of sound mind. Prior to letters of administration being granted, the petitioner must take an oath that is required by statute. In addition, unless waived or reduced by the court, the petitioner must give bond in an amount equal to the value of the decedent’s personal estate.
Three disinterested persons are appointed to compile an inventory and appraise the decedent’s chattels, goods, and personal estate; this requirement excludes money and choses in action. The inventory and appraisement must be completed thirty days after letters of administration are granted. In addition, the administrator or administratrix must make an inventory of the decedent’s money that comes into the administrator’s possession and debts owed to the decedent. In the event that the court waives the appraisal and inventory requirement, the inventory that is prepared by the administrator or administratrix must also list and value any of the decedent’s property that is in his or her possession.
The administrator or administratrix of an estate must make a diligent effort to identify and notify the decedent’s creditors. After completing these tasks, the administrator or administratrix must file an affidavit indicating compliance with these mandates. Subsequently, a notice to creditors must be published once a week for three consecutive weeks. The preferred means of notification is publication in a newspaper that is circulated in the county of the decedent’s residence. If the claim of a creditor is not probated and registered with the clerk of the court within ninety days of the first publication, the claim is forever barred.
Mississippi Code Ann §91-7-83 provides that if there are no individuals who qualify to act as administrators, the chancery clerk or court may appoint the sheriff who shall administer the estate.
Letters of administration are granted when an individual who petitions to be appointed as the administrator or administratrix meets three requirements. First, the prospective administrator or administratrix must be at least eighteen years of age. Second, the prospective administrator or administratrix must not have been convicted of a felony. Third, the prospective administrator or administratrix must be of sound mind. The petitioner must then take an oath that is required by statute. In addition, unless waived or reduced by the court, the petitioner must give bond in an amount equal to the value of the decedent’s personal estate.
Unless waived for good cause, three disinterested persons are appointed to compile an inventory and appraise the decedent’s chattels, goods, and personal estate; this requirement excludes money and choses in action. The inventory and appraisement must be completed thirty days after letters of administration are granted. In addition, the administrator or administratrix must make an inventory of the decedent’s money that comes into the administrator’s possession and debts owed to the decedent. In the event that the court waives the appraisal requirement, the inventory that is prepared by the administrator or administratrix must also list and value any of the decedent’s property that is in his or her possession.
The administrator or administratrix of an estate must make a diligent effort to identify and notify the decedent’s creditors. After completing these tasks, the administrator or administratrix must file an affidavit indicating compliance with these mandates. Subsequently, a notice to creditors must be published once a week for three consecutive weeks. The preferred means of notification is publication in a newspaper that is circulated in the county of the decedent’s residence. If the claim of a creditor is not probated and registered with the clerk of the court within ninety days of the first publication, the claim is forever barred.
When a person dies without a will, his or her property will pass to known or unknown heirs through the laws of intestate succession. Intestate succession is an operation of law in the following scenarios:
Heirs who fit into any of the categories above must be identified and summoned to court for heirship determination. Sometimes the identities are readily available, sometimes not. Notice to unknown heirs is accomplished through the publication of Summons to appear at the determination hearing for a period of 90 days. Those who appear will give testimony to the court as to their relation to the deceased. The court will then make a final determination as to who will share in the decedent’s estate.
When a person dies without leaving a will, the heirs of the deceased may open what is known as an Administration Estate. The administration estate provides for the orderly distribution of the decedent’s property. Such distribution is made according to the Mississippi laws of intestate succession.
If the decedent has a spouse and children, the decedent’s assets are divided into equal shares among the spouse and the children. The descendants of any deceased child inherit that child’s share. If the decedent has a spouse but no children, the entire estate passes to the spouse.
By opening an administration estate, the administrator can facilitate the distribution of property to the rightful heirs. The administrator first petitions the court where the decedent lived, or had property, to open an administration. That court then issues Letters of Administration to the administrator granting that person the power to examine all assets and accounts of the deceased.
After all property has been inventoried, Notice of Creditors must be published for 90 days. Additionally, a Petition to Determine Heirs may need to be filed to ensure all rightful heirs have been identified. If after 90 days no creditors file a claim against the estate, the Administrator can file a Petition to Close Administration and Distribute Property to Heirs.
The foregoing summary presupposes a smooth process whereby all heirs are known and in agreement as to how the estate should be distributed. However, many times the heirs are not all known or if they are, may not be in agreement. Such a scenario would require a hearing before the court wherein a Judge would make the final determination as to heirs and property distribution
The laws governing the execution of Wills and Codicils are very specific and governed by§ 91-5-1. Who may execute; signature; attestation.
Every person eighteen (18) years of age or older, being of sound and disposing mind, shall have power, by last will and testament, or codicil in writing, to devise all the estate, right, title and interest in possession, reversion, or remainder, which he or she hath, or at the time of his or her death shall have, of, in, or to lands, tenements, hereditaments, or annuities, or rents charged upon or issuing out of them, or goods and chattels, and personal estate of any description whatever, provided such last will and testament, or codicil, be signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction. Moreover, if not wholly written and subscribed by himself or herself, it shall be attested by two (2) or more credible witnesses in the presence of the testator or testatrix.
When a person dies with a will, that person has died “testate” which means that a “probate estate” must be opened in the Chancery Court. In Mississippi, chancery courts have jurisdiction over estate matters. The probate attorney will initiate the probate process by filing a “Petition to Open Estate”.
If the court finds the Petition meets all requirements imposed by law, letters testamentary are granted to the person who will administer the estate or, the “executor”. The letters testamentary are documents evidencing the executor’s power to act on behalf of the estate. At this time, the executor must execute a statutorily prescribed oath known as the “Oath of Executrix”.
The Executor must then place a “Notice to Creditors” in a publication circulated in the decedent’s county of residence. Notice to creditors must be published once a week for three consecutive weeks. If no creditors register a claim against the estate within 90 days, the claim is barred.
Once it is determined that no claims were registered, the estate attorney, will then petition the court to distribute assets and close the estate. Upon completion of all probate matters, the attorney will then file a “Statement of Compliance” with court.
