Last Updated: February 26, 2025
Losing a family member is difficult, and it can be even harder to ponder the legal and financial issues that must be dealt with in the ensuing days and weeks. It may be overwhelming to imagine the work that must be done while you are still grieving. But the harsh reality is that disregarding these obligations could add stress to your suffering, making the process all the more difficult and taking more time than is needed.
Fortunately, you do not have to face these challenges on your own. With the help of Palmer & Slay, you can resolve outstanding legal issues and give your lost loved one the respect and remembrance they deserve. We advise that you take the following steps, especially if you are the executor or personal representative of the estate.
Get Multiple Copies of the Decedent’s Death Certificate
You will need to obtain several copies of the death certificate to move forward and handle the decedent’s estate. The funeral home or hospital can usually assist with this. Various parties, such as insurance companies and government agencies, will need to see a copy of the death certificate.
Locate the Will, if There is One
Whether you are the executor or not, you need to know what’s in your loved one’s will – if they executed one. The will explains not only who will inherit which items of property but who will serve as executor, who is to be named the guardian of any minor children, and what the decedent’s funeral and burial wishes were. If there is no will, or the named executor is not available, work with an attorney to have a personal representative appointed.
Determine if Probate is Necessary
Not all estates must undergo the expensive and time-consuming process of probate. For instance, in Mississippi, estates with a value of less than $50,000 and containing no real property do not need to be probated. There may be other alternatives to probate depending on the circumstances. You should work with an attorney on this step.
Notify Estate Beneficiaries, Heirs, and Creditors
If you were able to locate a will, notify anyone who has been named therein as an estate beneficiary. Do the same thing for beneficiaries of life insurance and other benefits that do not pass through probate. You should also notify the next of kin – children, siblings, etc. – who may not be aware of the decedent’s passing. Finally, and with the help of legal counsel, you should notify estate creditors.
Gather Important Documents
To the extent you can, begin collecting the decedent’s most important personal documents. Among these are bank account records, credit card statements, vehicle records, retirement statements, life insurance policies, business records, and more. Any personal papers should be collected at this stage, whether or not you believe they will be needed.
Secure All Property
This is especially important if you are the estate executor or personal representative. If there is real property, make sure it is locked and secured from intruders. If there are vehicles, they should be safely parked where they will not be broken into. Also, take steps to organize personal property since these items will later need to be inventoried.
The Most Important Step: Contact Our Mississippi Probate Attorney
If probate is needed, you are going to want to retain skilled legal counsel to assist. You will need to open probate in the chancery (probate) court, obtain letters of testamentary or letters of administration, as appropriate, and get started with paying estate debts and taxes and distributing assets to heirs. Our firm is ready to assist you each step of the way, from opening to closing probate, so your family can take the time needed to remember your loved one. Call Palmer & Slay to get started.