Legal Question in Wills and Trusts in Mississippi

Re: changing ownership of a house

The formal route is petition the court to determine heirs pursuant to Miss. Code. 91-1-27. It states:

91-1-27. How title to property acquired by descent may be made.

In all cases in which persons have died, or may hereafter die, wholly or partially intestate, having property, real or personal, any heir at law of such deceased person, or any one interested in any of the property as to which he shall have died intestate, may petition the chancery court of the county in which said deceased had his mansion house or principal place or residence, or in which any part of his real estate may be situated, in case he was a nonresident, setting forth the fact that said person died wholly or partially intestate, possessed of real or personal property in the State of Mississippi, the names of the heirs at law or next of kin, and praying that the person named in said petition be recognized and decreed to be the heir at law of said deceased.

However, the mortgage is a problem. The morgagee probably has a right to foreclose upon your mother's death and has a right the same as any other creditor to her other assets to satisfy any deficiency in the sale. To cut off creditors' claims against other assets you will need to also have your mother's estate administered in probate court. The administrator will be responsible for using your mother's estate to satisfy her creditors who probate their claims as best it can, and to then distribute the remainder to her heir. You will also have to satisfy the mortgage or make an agreement with the mortgagee so they will not foreclose.