Probate is a legal process that occurs when someone passes away. Their last will and testament will need to be legally validated, and all applicable taxes and debts will need to be paid prior to the assets being distributed to those listed in the will. If someone dies without a will, there are issues with the validity of the will or the will is being questioned, there will be a need for a probate attorney.
In the state of Mississippi, the first step in the probate process is having the will examined, if applicable. The probate attorney will “prove” the will in court. The logistics of the court proceedings will differ from person to person depending on their will. Verifying the will is simple if the will is written clearly and done properly. However, there are a variety of things surrounding the will that can be missing, incorrect or uncertain while will make the process more difficult.
Once the will has been verified there will be more legal proceedings including the process of paying any taxes and debts. There are a number of things that must happen prior to the assets actually being distributed to those listed in the will. Because of this, probate proceedings can take a long time which can be very hard on the family if they are waiting for access to monetary funds or property or even just a sense of closure. A good probate attorney will be able to gather all the information needed and get the will validated quickly and with as little hassle to the family as possible.
The purpose of a will is to name someone as an executor so that after a person passes there is someone to ensure their assets are distributed according to the deceased’s wishes. This distribution occurs during the probate phase. During probate it is made easy for the will to be challenged and probate does not protect the will from creditors. It is possible to bypass the probate phase and an experienced probate attorney can assist in trust and estate planning that will protect inheritances and assets.
Experienced probate attorneys like those at Mestayer can evaluate your inheritance needs and compare different probate-avoidance routes based on the types of assets you wish beneficiaries to receive. Call Mestayer & Associates today so we can guide you through the estate planning process most beneficial to yourself and those who you intend to inherit your property.
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 www.pascagoulalaw.com. 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 legal services 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.