Facing the Loss of a Loved One? What You Do Next Can Protect the Estate—and Your Family.

Mississippi Code Annotated § 91-7-1 et seq.

Probate applies when a loved one passes away leaving a valid Last Will and Testament. The will must be formally admitted to probate through the Chancery Court. The court supervises the process to ensure the decedent’s wishes are honored, debts are paid, and assets are distributed according to the will.

Probate proceedings may involve:

• Admitting the will to probate
• Appointment of an Executor
• Notice to heirs and creditors
• Inventory, accounting, and final distribution

Even uncontested probate requires strict compliance with Mississippi law and court procedures.

Mississippi Code Annotated § 91-7-1 et seq.

Mississippi Code Annotated § 91-1-1 et seq.

Estate administration applies when a person dies without a valid will (intestate). In these cases, Mississippi law—not personal preference—controls who inherits and in what proportion.

Administration matters often include:

• Appointment of an Administrator
• Determining lawful heirs
• Creditor notice and claims
• Court-approved distribution under intestacy statutes

Intestate estates frequently create disputes among family members, making early legal guidance essential.

Mississippi Code Annotated § 93-13-1 et seq.

A guardianship of a minor is a court-ordered appointment giving an adult legal authority over a child’s personal care and decision-making when a parent is deceased, incapacitated, or unfit.

Guardianship may be required for:

• Medical and educational decisions
• Custodial authority
• Legal standing for the child’s welfare

The Chancery Court maintains ongoing supervision to protect the best interests of the child.

Mississippi Code Annotated § 93-13-101 et seq.

Adult guardianship applies when an individual is unable to care for themselves or make personal decisions due to incapacity, illness, or disability.

A court-appointed guardian may be granted authority over:

• Living arrangements
• Medical decisions
• Day-to-day personal care

Guardianship significantly impacts individual rights and must be supported by medical evidence and court findings.

Mississippi Code Annotated § 93-13-251 et seq.

An adult conservatorship is appropriate when an individual cannot manage their financial affairs, even if they can still handle personal decisions.

This may include:

• Managing income and expenses
• Protecting assets from exploitation
• Court-approved financial decisions

Conservatorships are often necessary when no valid planning documents exist.

Mississippi Code Annotated § 41-29-139(a) & (b)

Drug possession and sale charges range from misdemeanors to serious felonies depending on substance type and quantity.

Penalty Ranges:

• Simple Possession:
  • Up to 3 years and $1,000 fine (first offense)
• Sale / Distribution:
  • Up to 30 years imprisonment and $1,000,000 fine

Search and seizure issues and proof of intent are often central to the defense.

Mississippi Code Annotated § 91-7-1 et seq.

Mississippi Code Annotated § 91-7-19

Ancillary estate administration is required when a decedent’s primary estate is opened in another state, but the decedent owned real property or other assets located in Mississippi.

Mississippi law requires that property situated within this state be administered through the Mississippi Chancery Court, even if probate or administration is already pending elsewhere.

Ancillary proceedings commonly involve:

• Mississippi real property owned by a non-resident decedent
• Recording and admitting foreign wills
• Appointment of a Mississippi personal representative or ancillary executor
• Clearing title to Mississippi land
• Court-approved transfer or sale of in-state assets

Ancillary estates are often overlooked until a sale, refinance, or title issue arises—resulting in delays and unexpected legal hurdles.

Out-of-state probate authority does not automatically transfer to Mississippi property. Without proper ancillary proceedings, Mississippi real estate cannot be lawfully conveyed, sold, or distributed.

Timely ancillary administration ensures:

• Clear and marketable title
• Compliance with Mississippi chancery requirements
• Proper coordination with the domiciliary estate

Mississippi Code Annotated § 93-13-251 et seq.

The Mississippi GAP Act allows the Chancery Court to appoint a limited conservator when a person has diminished capacity but does not require full guardianship or conservatorship.

This tool is designed to:

• Preserve autonomy where possible
• Address specific financial gaps
• Avoid overly restrictive court control

It is often used as a less intrusive alternative to full proceedings.

Mississippi Code Annotated § 87-3-1 et seq.

A Power of Attorney allows a trusted person to act on another’s behalf during life only. Importantly:

• All powers of attorney terminate upon death
• A Power of Attorney does not replace probate or estate administration.

To remain effective after loss of capacity, the document must be durable, typically structured as a Durable General Power of Attorney.

Proper drafting is critical—otherwise, court intervention may still be required.

Chancery Court matters involve strict procedural requirements, fiduciary duties, and ongoing court oversight. Early mistakes can cause delays,  disputes, and unnecessary expense.