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.