Legal Question in Wills and Trusts in Tennessee
My parents passed away and left a Will that my sister(executor) did not probate. I was not given a copy of the Will until this sister passed away. The Will left all my parents estate to be shared equally with my sister and brother(also dead). Parents died in Arkansas but had 13 acres of farm land in Mississippi, this is only remains of parents' estate. Do I probate the Will in AR or MS?
2 Answers from Attorneys
The will has to be probated in the county of residence for the decedent at the time of death. If they own property in another state, an ancillary administration will have to occur in that state limited to just the property.
The Will must be first probated in Arkansas due to residency there. A small estate proceeding in Arkansas should be available. Once that probate has been accomplished, a secondary ancillary probate needs to occur in Mississippi in the county where the land is located. I am licensed in both Tennessee and Mississippi.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
