Is it necessary to probate an estate if there is a will in the state of Mississippi?
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Is it necessary to probate an estate if there is a will in the state of Mississippi?
Mother passed and left insurance policy that she was owner and benificiary of to children. Does this have to be used to pay off debts and does her estate have to be probated if there is nothing else involved; no real estate property?
Asked on April 28, 2009 under Insurance Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Until it is admitted to probate, a Will is little more than just a piece of paper.
The purpose of "probate" is to "prove" the Will is genuine, the deceased testator signed it, it was properly witnessed (if witnesses are required -- and that can vary depending on circumstances -- in some states a fully handwritten Will needs no witnesses), the deceased was sufficiently mentally competent and was not acting under duress, the victim of fraud or coercion.
The court then typically appoints the person designated as Executor to serve in that capacity, and requires the Executor to discharge his duties in accordance with the Will and applicable law. It's usually no big deal.
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