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When you are put in charge of the estate of a loved one after they have passed, it can be difficult to know what to do next. With the help of a compassionate and experienced Purvis probate lawyer, you can manage your responsibilities with confidence. You need an attorney who can help with every aspect of probate, from transferring home ownership to helping you close the estate.
The attorneys at the Law Offices of Perry W. Phillips have a combined 58 years of experience, and we have spent years helping executors navigate the probate process. Our estate planning and probate knowledge is based not only on legal information but also on substantial practical experience. We are deeply rooted in our community and have navigated these cases throughout Hattiesburg and Purvis.
Our team understands how difficult the probate process can be for individuals and families. You don’t have to deal with this process alone. We aim to provide you with empathetic and diligent legal guidance throughout the entire probate process.
Our attorneys also have significant real estate experience, making us particularly well-equipped to assist you in distributing real estate properties during probate. Homeownership can often be a disputed aspect, so it’s essential to work with a legal team that understands this aspect of probate cases.
Probate is the legal process used to close the estate of someone who has died. There are several steps involved, ranging from notifying heirs and creditors to distributing assets.
The probate process either begins with a filing of the will or a petition for the probate process to begin if there is no will. According to one survey, less than half of Americans have a will. Probate in Purvis will be filed with the Chancery Court’s office of the county you reside in or the county where you own property.
You oversee administering a person’s estate if you are the executor or the personal representative.
Executors are named in the will created by the deceased. The executor must follow the provisions in this will throughout the probate process, as well as state law.
A personal representative is appointed by the court if there is no valid will. The representative follows the state laws that govern the administration and distribution of the estate.
If you are a named executor, you should submit the will to the probate court. One of the first steps will be for the court to determine if the will is legally valid and enforceable. During this time, you should find an experienced probate attorney you can rely on.
The probate process follows several important steps. As the executor or personal representative, you are responsible for these steps. While each probate and estate may be unique, the process tends to follow these steps:
Part of the estate’s expenses include attorney’s fees and recording fees, as these are considered a necessary expense during the process. It is useful to work with an attorney as soon as possible during the probate process to better understand what you need to do. This also helps you mitigate your own stress during the process. Since many people administer the estate of a loved one they have just lost, this support can be necessary.
In general, your estate must go through probate. However, there are exceptions. There are some assets that are not eligible for probate, such as those with payable-on-death designations or assets in a trust.
There are also certain estates that do not need the full probate process because they are small estates. If the deceased’s estate is valued at $75,000 or less, then a small estate affidavit can be used to more quickly transfer property to an heir. The median income for households in Purvis is nearly $34,700, while the median income for specially married-couple families is over $96,200. Many estates could therefore be eligible for a small estate affidavit.
There may also be a simplified probate process for small estates that do not meet the affidavit requirements. The homeownership rate in Purvis is 62.1%, and a home often significantly increases a person’s estate value. An attorney can help you assess the type of probate the estate you are administering qualifies for.
If you are a named executor or an appointed personal representative, you are a fiduciary to the estate. The only time you do not need an attorney as a personal representative or executor is if you are a licensed attorney in Mississippi.
There are other reasons it is important to hire a probate lawyer in Purvis. The probate process can be complex. This complexity is made worse when you have just lost a loved one and now have to manage their estate. There are a lot of steps involved in properly administering the estate, and you can face legal consequences for failing to meet these responsibilities. This can feel like an unfair situation, but having the right attorney on your side can make it easier.
With this legal guidance, you can more clearly understand the documentation you need to secure, the notices you must send, and other information you need to determine. When you work with a Purvis probate attorney, they can make the probate process less stressful and potentially help it be resolved quickly.
The probate process is an essential legal step after someone has died, but it isn’t easy. Even if it weren’t a legal requirement to work with an attorney, it is incredibly beneficial to do so. The lawyers at the Law Offices of Perry W. Phillips have decades of experience in probate, real estate, and estate planning law.
If you have any questions about the probate process or need legal representation as an executor or personal representative, contact our firm in Purvis.
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