Marion County Probate Lawyer

Marion County Probate Attorney

One of the hardest experiences anyone can go through is losing a loved one. Beyond the emotional loss, you may find yourself faced with responsibilities and requirements with which you are unsure how to face. At Berry Law Firm, our Marion County probate lawyer can help you navigate the complexities of probate to ensure that a loved one’s estate is settled properly.

Unfortunately, death rates are on the rise in Marion County. This means that an increasing number of people are finding themselves engaging with the probate process. At Berry Law Firm, we have been serving the people of Colombia and the greater Marion County community with their legal needs. We are ready and able to offer sound legal counsel in facing the difficult process that comes after losing a loved one.

Types of Probate

Probate in Mississippi falls under two categories: informal, also known as “Small Estate Affidavit” probate, and the formal probate process. The main difference between these two is how an estate is worth, the current benchmark being a $50,000 total value of a decedent’s assets. Assets that make up an estate in Mississippi include real estate, bank account balances, personal property, and other items of personal ownership, which include a real dollar value.

Informal Probate

Informal probate, or “Small Estate Affidavits,” is for smaller estates where the total value of a descendant’s assets amounts to less than $50,000. In this instance, the estate does not have to enter the probate process. However, there are certain processes that must be adhered to.

These estates are usually family affairs, and disbursement of an estate, if there is no will, is legally available to the “successors” of a decedent. These include the decedent’s spouse, the adult with whom a minor child resides, adult children, and parents. This is the order in which relatives are privileged to an estate.

Formal Probate

Formal probate must be engaged when an estate value meets or exceeds a valuation of $50,000. This applies whether an estate has a will or not. There is one exception to this when an estate has a will with a named heir and consists of property, as well as personal items such as bank accounts and household goods, worth less than $10,000.

It is important to be aware that in the state of Mississippi, if an estate is required to enter probate, an attorney must be hired to represent the party submitting the filings to the court. This is meant to ensure that the complex process of probate, including filing necessary taxes, valuing assets, and settling with creditors, is done in accordance with legal requirements.

What a Probate Lawyer Does

It is recommended practice when securing an attorney for the probate process to get a probate lawyer. Often, estate lawyers are also utilized. While both may be highly talented, an estate lawyer focuses on legal areas like preparing wills and making sure all relevant wishes of the decedent are followed. A probate lawyer, by contrast, focuses on the important work of making sure the probate process is followed effectively and in accordance with the law.

A probate lawyer is skilled at making sure the appropriate paperwork is filed with the relevant Chancery Court, that all creditors are notified according to regulations, and all tax issues are resolved within the parameters of the law. A probate lawyer can likewise assist in the evaluation of the estate and in consolidating all relevant information in a way that satisfies court requirements.

A talented lawyer will be communicative and helpful throughout this process, letting their client know what steps need to be taken and when. Berry Law Firm is prepared to provide an experienced Marion County Probate lawyer to help with such duties and assist in easing the burden of this process.

FAQs

Do I Need a Lawyer for Probate in Mississippi?

Yes, all estates that enter probate in Mississippi require a lawyer. If the administrator or executor is not an attorney, then one must be hired. One of the first and most important stages of the probate process involves obtaining copies of deeds, account balances, and informing creditors. In these and other steps, a lawyer will provide key guidance on how to gather evidence and make sure the process is done in accordance with the law.

How Much Does an Estate Need to Be Worth to Go to Probate in Mississippi?

In Mississippi, an estate must have assets equal to or more than the value of $50,000. This includes real estate owned by the decedent, as well as bank accounts in their name, investment accounts, and household items. An important exception to this is where a will exists with a named heir, and the total estate is made up of real estate property and less than $10,000 in personal assets.

How Soon After Death Do You Have to File for Probate?

Unlike other states, which have a deadline for probate to be filed after the passing of a decedent, in Mississippi, there is no strict deadline. It should be known that creditors are given 90 days to submit claims against a decedent’s estate, so it is typical for the probate process to begin within this time frame.

What Is the Difference Between a Probate Lawyer and an Estate Lawyer?

There are key differences between the roles of an estate lawyer and the role of a probate lawyer. In general, an estate lawyer is hired to help make a plan after someone is deceased. This includes creating wills and trusts and ensuring assets are distributed as desired. A probate lawyer is there to assist with the probate process in particular. This includes things like verifying wills, identifying assets that are part of the estate, and so on.

Speak With an Experienced Marion County Probate Lawyer Today

At Berry Law Firm, we have been providing dedicated legal services to the people of Colombia and the greater Marion County. Losing a loved one can be difficult, and there is no reason to face the problems of probate alone. Our talented Marion County probate lawyer is here to help. Contact us today to discuss your estate.