Legal Question in Wills and Trusts in Mississippi

Re: Probate exemption

Probate is not necessary in every case. Accounts in small estates may be gathered by use of an affidavit. However, probate cuts off potential claims against the estate and will disputes.

Re: Probate exemption

I'm not sure what you mean by an exemption. Nonetheless, if there's a will and property is passing pursuant to that will, it should be probated. Alternatively, if the only thing being passed in the will is real property, the will can be probated as a muniment of title, an abbreviated probate process. You need to consult an attorney to review the estate and more thoroughly discuss the possible options with the particular estate at issue.

Re: Probate exemption

Ther term exemption as I understand your use of that term is whether a Will does not have to be probated. I am aware of no such law in Mississippi or any other jurisdiction which exempts the probate of a Will. The more precise question is whether a Will always has to be probated. The answer to that question is that a Will does not have to be probated unless a beneficiary demands that the Executor probate the Will. As a practical matter, however, any Will involving title to real or personal property should be entered into probate because the Probate Court will then approve the Will and recognize it as a testamentary document of the deceased.