Columbia Probate Lawyer

Columbia Probate Attorney

Losing a loved one can be traumatic and stressful. Going through the probate process can be emotionally challenging and leave you confused about the process. A Columbia, MS, probate lawyer can guide you through each step of this process and help you navigate any challenges that arise.

Hire a Probate Lawyer

With over 35 years of experience, Berry Law Firm, PLLC, is passionate about helping families throughout the probate process. Attorney Leigh Kennington Berry is a compassionate lawyer with an in-depth knowledge of estate planning and probate laws and procedures. She advocates for integrity and professionalism within the legal community and is a Fellow of the Mississippi Bar Foundation.

What Is Probate?

Probate is the process of validating a will, paying monies owed from an estate, and upholding the distribution of assets to any named beneficiaries. Probate is supervised by the court and can be aided by a Columbia probate lawyer who can make sure all filings are accurate, help value assets, review creditor claims, and explain how to divide certain assets.

In Colombia, 20.7% of the population is age 65 and over, leaving many families wondering about how probate will affect their estate. Whether you are looking to create an estate plan that reduces the burden on your family members or need to file a Marion County probate petition after a recent loss, the Berry Law Firm, PLLC can help.

The steps in a probate case vary depending on the estate and any challenges you and other descendants are facing. There are several key elements of the probate process. Understanding them can help empower you to successfully navigate the process.

Filing the Probate Petition

In Columbia, probate petitions can be filed with the Marion County Chancery Court on 250 Broad Street, Suite 2. To file, you must present the death certificate, the original will, the probate petition, and a filing fee. A lawyer can help you complete these documents and explain where you must file them. Once your petition is filed, the court can appoint the executor named in the will to manage the estate. If there is no will, a court will appoint an administrator.

Identifying Beneficiaries and Creditors

A Columbia MS probate lawyer can help the executor or administrator locate all potential heirs and creditors. This could include the beneficiaries named in a will, close relatives of the deceased, and creditors the estate has debt to. If you are unsure who the creditors are, Mississippi’s probate laws allow you to publish a notice to creditors in a local newspaper, such as The Commercial Dispatch.

Identifying and Valuing the Assets in the Estate

A lawyer can help you make sure all assets in an estate are accounted for and properly valued. Properly appraising the assets in an estate is essential to dividing assets. Assets can include property, financial holdings, including bank accounts, and personal belongings such as jewelry. Appraisal is especially important for assets, such as stocks, that have increased in value or business assets.

Paying Outstanding Debts and Taxes

The executor must be sure that debts are settled before assets are distributed to the beneficiaries. Once creditors are notified of the death, they have 90 days to file a claim against the estate. A lawyer can review these claims to protect the assets from unlawful claims.

In addition to paying outstanding debts, the estate may have to pay tax. Mississippi does not have a state estate tax, though high-value estates may need to pay a federal estate tax. You may also need to pay income tax. A lawyer can explain our tax obligations to make sure you remain compliant with state and federal probate laws.

Distributing the Assets

Assets that remain after settling taxes and debts can be divided among the beneficiaries. The will and other estate planning documents provide instructions on how assets are distributed, including the specific beneficiary for certain assets.

FAQs

Do You Need a Lawyer for Probate in Mississippi?

While having a lawyer is not required for many probate cases, it is highly recommended to hire a probate lawyer. A lawyer can explain the laws and processes and help you manage estate assets to pay debts and distribute inheritances. A Columbia probate attorney can reduce the stress you may feel throughout this process, giving you the confidence and empathy you need. They can also resolve issues such as family conflicts, credit claims, or probate without an estate plan.

How Are Assets Divided Without a Will in Mississippi?

In Mississippi, when a person dies without a will or other estate planning documents, their assets are distributed according to intestate succession laws. About 24% of Americans do not have a will. In this case, assets are divided according to standard formulas that prioritize close family members, such as a spouse or children, rather than the deceased’s wishes. If a spouse and children are involved, the estate can be divided equally. If there is only a spouse, they receive the entire estate.

What Assets Do Not Go Through Probate?

Many types of assets do not go through probate. This includes assets in a living trust, jointly owned property with rights of survivorship, and pay-on-death (POD) or transfer-on-death (TOD) accounts. These assets will directly transfer to beneficiaries upon death and do not need probate. If you are unsure about how certain assets are transferred or whether a specific asset will go through probate, a Columbia probate attorney can provide answers.

What Is a Small Estate Affidavit?

In Mississippi, a small estate affidavit is a simplified probate process that doesn’t involve the intense court oversight that traditional probate requires. A small estate affidavit can be used when an estate is valued at $100,000 or less, excluding certain property such as a homestead. If your probate case qualifies for a small estate affidavit, you can save significant time and money compared to probate. Beneficiaries must wait at least 30 days after the death to use an affidavit.

Columbia Probate Lawyer

Probate court can be overwhelming and confusing, especially while also grieving the loss of a loved one. Contact Berry Law Firm, PLLC to learn how Attorney Leigh Kennington Berry can put her knowledge and experience to work for you in helping you pursue a successful outcome in your probate case.

The Experienced Estate Planning And Family Law Representation You Deserve In Columbia, Mississippi