A FEW RANDOM PROBATE MATTERS

September 17, 2010 § 4 Comments

[This information comes from the outline of a presentation made by Bob Williford to the Chancery Judges Spring Conference earlier this year.  Used with  his permission.]

Necessity to join specific or general legatees in petition to close the estate:

If a beneficiaries who have received specific or general bequests under the will have signed receipts, or the personal representative has produced cancelled checks showing the bequests have been satidfied, it is not necessary to have the beneficiaries join in the petition to close the estate; only the approval of the residuary beneficiaries would be essential.

Timely probate of will:

An extended period of time after the death of the testator does not prevent a will from being probated.  Harrison v. Gatewood, 51 So.2d 59 (Miss. 1951).  

Statement of compliance:

When closing the estate, the court order authorizes payment of final expenses and distribution of the remaining assets of the estate.  It is a common practice that, once the order is signe the assets are distributed and the estate is accepted as being closed.  A Statement of Compliance, however, may be appropriate.  It would state that the final expenses have been paid and the final distributions made, and it should be filed with the court.   

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