Alternatives to Probate | How to Avoid Probate in Mississippi

Note: This section of the site deals with the various techniques that Mississippi probate attorneys sometimes use to avoid or shorten the probate process for someone who is already deceased. It is much easier to avoid probate by proper planning during life. If you are interested in how to avoid probate in your own estate, ask about how to avoid probate.

Like most states, Mississippi law provides a few alternatives to Mississippi probate — tools that can avoid or shorten the probate process. And, like most states, the practical benefit of these tools is somewhat limited.

To understand why these alternatives are only available in limited circumstances, remember that the Mississippi probate process is there for a reason. It may seem like this process was designed by evil lawmakers to make our lives more difficult. But that’s not quite true. The fact is that probate serves two important purposes:

It gives third parties assurance that title has legally changed from one owner to another. The court’s involvement provides a sort of guarantee that those who inherit property have good title. This assures third parties that the heirs or beneficiaries do in fact own the property, which in turn allows the heirs at law or beneficiaries to sell, mortgage, or otherwise deal with the property freely.
It gives third parties assurance that there are no claims against the property. Since the process conclusively disposes of creditor claims, future buyers, lenders, or other third parties can rest assured that a creditor won’t show up at some point with a claim against the property.

Keeping these two purposes in mind will help you understand why alternatives to probate are often of limited usefulness. Without probate, third parties have no assurance of who owns the property and whether there are claims against it. This results in a cloud on title that makes it difficult or impossible to sell, mortgage, or otherwise deal with the decedent’s assets. In other words, while some of these alternatives might provide legal title, they do not always provide clear title to the decedent’s assets.

But that being said, there are some circumstances in which an alternative to probate can work. Whether these tools will be useful in your situation depends on your goals, the assets involved, and how much time has passed since the decedent’s death. The most common alternatives to probate include:

Probate Note: Keep in mind that simply having a will does not avoid probate. As discussed in Is Probate Necessary?, the term “probate” technically refers to proving a will in court. Probate doesn’t depend on whether or not the deceased person had a will, but on how the person’s assets were titled.