Legal Question in Wills and Trusts in Mississippi
probating a will
if a will is not probated, can property be forfeited or taken. And what is the time limit on getting a will probated after the death of the person leaving such will?
2 Answers from Attorneys
Re: probating a will
Whether or not a will is probated, it must be filed with the County Clerk's office.
Property may be forfeited to the state if it is abandoned or no family member claims a right to it.
A probate estate may be opened if there are property rights that need to be determined.
If you have questions regarding your rights to assets of an estate, I would advise you to have a lawyer review the specific facts of your situation. Without all of the facts, it is difficult to answer your questions accurately.
Re: probating a will
There is no time limit to probate a Will. Property can be forfeited or taken, but it depends on the kind of property to determine when and how.
You should consult with a lawyer about this. Specific facts will get you specfic answers. General answers may or may not fit your situation.