Legal Question in Wills and Trusts in Mississippi
Necessary to Probate a Will
What does probation of a Will actually mean?
Is it necessary for an uncontested Will to be probated by an attorney if the executress feels like she can do it herself? There was no divorce involved and all siblings are to receive equal shares of all assets and responsibility for all debts and are all in agreement.
Is there a law stating that it is mandatory to get it probated by an attorney, and if so, what percentage would an attorney generally charge to probate it?
thank you
2 Answers from Attorneys
Re: Necessary to Probate a Will
"In order to be legally effective, a will must be probated. This means that it must be proven to be the decedent's valid will. Until this is done, it is nothing more than a piece of paper with writting on it." Robert A. Weems
To probate the will, the executor or executrix must hire a lawyer to enter the will into the probate process. A lawyer must be hired because the executor or executrix is a fudiciary or trustee who represents the estate and must have a lawyer to represent him or her.
The lawyer's fee is determined by the court or set by negotiation with the executor or executrix and approved by the court. The Chancery judge has the final say on the reasonableness of the lawyer's fee. The fee is not a percentage fee. The determination is made at the time of closing the estate.
Re: Necessary to Probate a Will
Unfortunately, in Mississippi, the Uniform Chancery Court Rules require that an attorney be hired for probate matters, so you can't do it yourself. Probate merely refers to the judicial process involved with the administration of an estate.
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