Petition to Probate Will and for Letters Testamentary (Mississippi)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE CHANCERY COURT OF [COUNTY] COUNTY, MISSISSIPPI

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue; Form of Probate
5. The Will Offered for Probate
6. Devisees, Legatees, and Beneficiaries Under the Will
7. Heirs at Law / Interested Persons
8. Nomination and Qualification of Executor
9. Oath and Bond
10. Prayer for Relief
11. Verification
12. Notice / Process / Notice to Creditors
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

Cause No.: [____________________________________]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Mississippi [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Executor named in the Decedent's Last Will and Testament
Relationship to Decedent: [RELATIONSHIP]

Petitioner brings this Petition pursuant to Miss. Code Ann. § 91-7-3 as the person named as Executor in the Decedent's Will and a person interested in the estate.

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE; FORM OF PROBATE

a. Venue is proper in this Court under Miss. Code Ann. § 91-7-1 because the Decedent had a fixed place of residence in [COUNTY] County, Mississippi at the time of death; wills shall be proved in, and letters testamentary granted by, the chancery court of the county of the Decedent's fixed place of residence.

b. ☐ The Decedent had no fixed place of residence in Mississippi, but venue is proper here because real property devised in the Will is situated, in whole or in part, in this county (§ 91-7-1).

c. The Decedent died on [__/__/____], leaving a Last Will and Testament; the Decedent died testate.

d. Petitioner requests that the Will be admitted to probate in:
☐ Common form (ex parte). Interested persons may contest the Will within two (2) years after probate (Miss. Code Ann. § 91-7-23).
☐ Solemn form. All interested persons are made parties and summoned (Miss. Code Ann. §§ 91-7-19, 91-7-25), so that the adjudication binds them.

5. THE WILL OFFERED FOR PROBATE

a. Petitioner offers for probate the Decedent's Last Will and Testament dated [__/__/____], together with the following codicil(s): [LIST CODICIL DATES, OR "NONE"]. The original Will is presented and filed herewith, and a true copy is attached to this Petition (Unif. Chan. Ct. R. 6.15).

b. Proof of Due Execution (Miss. Code Ann. § 91-7-7): The due execution of the Will must be proved by at least one of the subscribing witnesses, if alive and competent; if none can be produced, by proof of the handwriting of the testator and of the subscribing witnesses; or by affidavits of the subscribing witnesses.

c. Self-Proving Status (Miss. Code Ann. § 91-7-9):
☐ The Will is self-proving: the affidavits of the subscribing witnesses are annexed to or part of the Will, state the address of each witness, and were sworn before an officer authorized to administer oaths; the Will may therefore be admitted without further testimony.
☐ The Will is not self-proving; the attached affidavit/testimony of a subscribing witness establishes due execution under § 91-7-7.

d. Subscribing Witnesses:

e. ☐ No caveat or written objection to probate has been filed (§ 91-7-21); the Will may be probated in common form. To the best of Petitioner's knowledge the instrument offered is the Decedent's last will and has not been revoked.

6. DEVISEES, LEGATEES, AND BENEFICIARIES UNDER THE WILL

The devisees and legatees named in or taking under the Will:

7. HEIRS AT LAW / INTERESTED PERSONS

The Decedent's heirs at law (persons who would take by descent and distribution under Miss. Code Ann. § 91-1-1 et seq. had there been no Will) and other interested persons. In solemn form probate, all such persons must be made parties and summoned (Miss. Code Ann. §§ 91-7-19, 91-7-25):

8. NOMINATION AND QUALIFICATION OF EXECUTOR

a. The Will nominates Petitioner as Executor. Under Miss. Code Ann. § 91-7-35, the Court shall grant letters testamentary to the executor named in the Will who is qualified and willing to serve; if no person qualifies or will act, the Court may appoint an administrator with the will annexed (§ 91-7-39).

b. Petitioner is qualified to serve: Petitioner is at least eighteen (18) years of age (Miss. Code Ann. § 91-7-37), is of sound mind, and has not been convicted of a felony that disqualifies service.

c. ☐ Petitioner is the sole/residuary legatee under the Will (relevant to bond under § 91-7-43).

9. OATH AND BOND

a. Oath (Miss. Code Ann. § 91-7-41): At or prior to the time of obtaining letters testamentary, Petitioner will take and subscribe the statutory oath that the writing exhibited is the true last will and testament of the Decedent, and that Petitioner will well and truly execute the same and discharge the duties required by law.

b. Bond (Miss. Code Ann. §§ 91-7-41, 91-7-45): Petitioner will give bond equal to the full value of the estate, with approved sureties, payable to the State — unless bond is waived by the terms of the Will. Even where the Will waives bond, the Court retains authority to require a bond.

☐ The Will waives bond; Petitioner requests appointment without bond (§ 91-7-45), subject to the Court's discretion to require bond.
☐ The Will does not waive bond; Petitioner will furnish bond in the amount of $[________________] with corporate surety.

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court:

a. Admit the Decedent's Last Will and Testament (and codicil(s)) dated [__/__/____] to probate in ☐ common form ☐ solemn form;

b. Adjudicate that the Will was duly executed and is the valid Last Will and Testament of the Decedent;

c. Order the Will recorded in the Will Records of this Court (Miss. Code Ann. § 91-7-31);

d. Appoint Petitioner as Executor and grant Letters Testamentary to Petitioner upon taking the oath and (unless waived) furnishing bond;

e. ☐ Waive ☐ Fix bond as set forth above;

f. Grant such other and further relief as the Court deems just and proper.

11. VERIFICATION

STATE OF MISSISSIPPI
COUNTY OF [COUNTY]

Personally appeared before me, the undersigned authority in and for said county and state, [PETITIONER FULL LEGAL NAME], who, being first duly sworn, states on oath that the matters and facts set forth in the foregoing Petition are true and correct as therein stated.

Petitioner Signature: ______________________________________
Printed Name: [PETITIONER FULL LEGAL NAME]

SWORN TO AND SUBSCRIBED before me this [____] day of [MONTH], [YEAR].

______________________________________
NOTARY PUBLIC
My Commission Expires: [__/__/____]

Attorney for Petitioner: ______________________________________
Printed Name: [ATTORNEY NAME]
MS Bar No.: [________________]
Address: [________________________________]
Telephone: [________________________________]

12. NOTICE / PROCESS / NOTICE TO CREDITORS

Process (solemn form): In solemn form probate, summons shall be issued and served on all heirs at law and interested persons made parties (Miss. Code Ann. §§ 91-7-19, 91-7-25; M.R.C.P. 4), so that the probate binds them. In common form, probate is ex parte and interested persons may contest within two (2) years (§ 91-7-23).

☐ Solemn form: Summons issued and served on all interested persons listed in Section 7.
☐ Common form: Probate had ex parte; no contest or caveat on file (§ 91-7-21).

Notice to Creditors (Miss. Code Ann. § 91-7-145): After appointment, the Executor shall make reasonable efforts to identify creditors and mail actual notice of the 90-day claim period to known creditors, and shall publish notice once a week for three (3) consecutive weeks in a newspaper published in the county informing creditors that claims must be presented within 90 days; proof of publication shall be filed in the cause.

☐ Affidavit of known creditors filed; actual notice mailed (§ 91-7-145).
☐ Notice to creditors published in [NEWSPAPER NAME] once a week for three consecutive weeks; proof of publication filed.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]

13. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and original codicil(s)) — presented and filed
☐ True copy of the Will attached to the Petition (Unif. Chan. Ct. R. 6.15)
☐ Certified copy of Death Certificate
☐ Self-Proving Affidavit (Miss. Code Ann. § 91-7-9) or Affidavit/Testimony of subscribing witness (§ 91-7-7)
☐ Oath of Executor (§ 91-7-41)
☐ Bond of Executor with corporate surety (§§ 91-7-41, 91-7-45), unless waived
☐ Summons for interested persons (solemn form)
☐ Proposed Decree / Order Admitting Will to Probate and Granting Letters Testamentary
☐ Proposed Letters Testamentary
☐ Notice to Creditors for publication (§ 91-7-145)
☐ Filing fee (per Chancery Clerk's schedule)

SOURCES AND REFERENCES

• Miss. Code Ann. § 91-7-1 (venue; letters testamentary): https://law.justia.com/codes/mississippi/title-91/chapter-7/division-general-provisions/section-91-7-1/
• Miss. Code Ann. § 91-7-7 (proof of due execution): https://codes.findlaw.com/ms/title-91-trusts-and-estates/ms-code-sect-91-7-7/
• Miss. Code Ann. § 91-7-9 (subscribing witness affidavit / self-proving)
• Miss. Code Ann. §§ 91-7-31, 91-7-35, 91-7-37 (recording; letters; age)
• Miss. Code Ann. §§ 91-7-41, 91-7-45 (oath and bond; when bond not required)
• Miss. Code Ann. §§ 91-7-19, 91-7-23, 91-7-25 (parties; two-year contest; solemn form)
• Miss. Code Ann. § 91-7-145 (notice to creditors)