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Probate 101

Probate 101

Probate 101

The legal process of transferring property following a person’s death is known as probate. The deceased will have formalized their intentions prior to passing away (usually in a will), their property is collected, debts are paid from their estate and then the property is distributed to the intended recipients.

What Happens In Probate
The probate process can either be contested or uncontested. Contested issues tend to happen when a disgruntled heir wants a larger portion of the deceased’s property than what they received. For instance, the individual may argue that the decedent was improperly influenced when creating their will. However, a majority of probated estates go uncontested. In most cases, the deceased has appointed an executor to take over the management of their affairs after they pass away. In the case that an executor is not appointed the court will appoint a representative or administrator to settle the estate.

Why You Need a Will
A will is an essential document to have. It is a document used to formally express your wishes regarding how your estate is distributed once deceased. Despite your marital status or assets, you should consider creating a will. Creating a will helps to ensure that your estate is distributed properly to the intended parties and helps to avoid adding more grief to your family.

Contact our office for further questions regarding probate or creating a will. Mestayer Law Firm provides civil litigation for clients throughout the Gulf Coast area including Pascagoula, Biloxi and Gulfport. If you are making future plans for your estate, then contact us today and let us help take care of every detail of your finances. Call us today at 228-762-1193 or visit We are your legal experts! You can also visit our office located at 2128 Ingalls Ave. in Pascagoula, Mississippi. We look forward to talking with you!

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This article does not create an attorney-client relationship. I am licensed to practice law in Mississippi and have based the information presented on US laws. This article is legal information and is for entertainment and informational purposes only and should not be seen as legal advice. You should consult with an attorney before you rely on this information. Any information provided in this blog is accurate and true to the best of my knowledge, but that there may be omissions, errors or mistakes. 

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