Probate is the legal process of managing a deceased person’s property and debts—their estate—after they die. When you go through probate, it is essential to hire a probate lawyer, meaning a lawyer who regularly guides clients through this process.
Probate lawyers help work with clients to navigate and understand every step of the probate process.
At Harris Law Firm, PLLC, we know Mississippi probate and estate administration. Whether you are an executor tasked with managing an estate or an heir seeking to protect your rights, we are committed to providing compassionate, practical guidance.
What Is Probate?
So, what does a probate layer do? To answer this question, let’s first look at what is probate. Probate is a legal process involving the distribution of property and the payment of debts when a person dies.
There are several steps that may vary slightly depending on whether the deceased person (the “decedent”) left a will, the location of their property, and how cooperative interested parties—those who are or might be entitled to a share of the estate—are.
Steps Involved in Probate
Mississippi law establishes the steps you take to manage a decedent’s estate, which include:
- The executor designated in the will, if there is one or another interested party, files paperwork with a probate court in the county where the decedent lived;
- The court determines whether the decedent’s will if they left one, is valid;
- The court appoints an administrator or executor, the estate’s personal representative, to manage the estate;
- The representative notifies interested parties, including heirs under law, beneficiaries under the will, and creditors about the probate proceedings;
- The representative makes a detailed list of the deceased’s assets and known debts, called an inventory;
- The representative pays bills, loans, taxes, and other obligations;
- The representative distributes the remaining assets according to the will or state law; and
- The representative files a final accounting, and the court officially closes the estate.
Understanding these steps can help executors and beneficiaries anticipate the process and avoid common pitfalls during estate administration.
Probate with a Will vs. Probate Without a Will
The probate process varies depending on whether the decedent died with a valid will (“testate”) or without a valid will (“intestate”). A valid will should provide clear instructions for asset distribution, minimizing conflict. Without a will, Mississippi law dictates that the decedent’s assets go to specific relatives.
Even when the decedent left a will, interested parties may challenge its validity by raising a will contest. Common reasons for contesting a will include:
- Undue influence—claiming someone pressured the decedent into making or changing a will;
- Lack of testamentary capacity—claiming the decedent was not of sound mind when they made the will; and
- Improper execution—claiming the decedent did not follow the law when they made the will.
Will contests can lengthen court proceedings, adding complexity and time to the probate process.
What Does a Probate Lawyer Do?
A probate lawyer, or estate attorney, guides clients through the entire probate process. We work with, among others:
- Personal representatives as they manage estate administration,
- Legal heirs who have questions about a will’s validity, and
- Will beneficiaries who have concerns about how a personal representative is managing the estate.
We are also estate planning lawyers, meaning we see the estate and probate process before and after death.
It is particularly critical to hire an experienced, knowledgeable lawyer when an estate involves:
- Significant assets, multiple properties, intellectual property, or business interests;
- No will or a will of questionable validity;
- Disagreements over the terms of the will, the appointment of the representative, the distribution of assets, or similar conflicts; or
- Complex tax issues or large debts.
Hiring the right lawyer can save time, reduce stress, and give you peace of mind in a difficult time.
How Harris Law Firm, PLLC, Can Help
Handling the probate process can be challenging, especially during the emotional time following a loved one’s passing.
At Harris Law Firm, PLLC, we provide compassionate, knowledgeable legal services to help clients resolve probate matters effectively and efficiently.
Our attorneys have extensive experience in Mississippi probate law. We will guide you through every step, whether you need help with a small, uncontested estate or a large, disputed estate. If you need help with probate or estate administration, contact us today.
We are here to provide the legal support you need to protect your loved one’s legacy and help you honor their final wishes.
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