Legal Question in Wills and Trusts in Mississippi

Ancillary Probate Proceeding

If an individual dies in one state and owns property in another state, does the property (real estate) have to go through a probate procedure? I have been told that an "Ancillary Probate Proceeding" is necessary. The state where the real estate is located is Mississippi. What does this type of proceeding

involve? Is it simply a matter of getting the correct

paperwork to the proper court in Mississippi, and

would I need a Mississippi lawyer for this? I am afraid that if I use a local lawyer for this

(I am in Texas) the fees would be very high.


Asked on 8/09/00, 10:15 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Ancillary Probate Proceeding

You have gotten accurate advice. Real estate located in a state other than the one in which the owner dies must be delivered to the beneficiary through an ancillary probate. This would have to be done by a MS lawyer through the county court where the property is located.

There may be short-cut procedures available short of a full-blown probate; you need specific advice about MS law.

You might wish to check at places such as sharktank.com or askme.com to see if there is a MS probate lawyer online who can answer your initial questions. Usually such advice is given without charge in an initial interview.

Referrals may also be gotten through the MS bar association and they may also be online and locatable through your browser's search engine.

Good luck.

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Answered on 8/10/00, 9:37 am


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