How Long Does a Person Have to Challenge or Contest a Will in Mississippi?

The deadline for bringing a will contest or challenging a probate or estate administration in Mississippi depends in large part on what type of estate administration is being used.

Mississippi recognizes two forms of estate administration: solemn form and common form.  The two types of proceedings are distinguished by the type of notice that is provided to the interested parties.  “Interested parties” would include the beneficiaries listed in a Mississippi Last Will and Testament and possibly the spouse if he or she is left out of the will.  For an intestate estate, “interested parties” would include a person’s heirs at law.

A common form probate is an informal, one-sided proceeding in which the executor presents the will for probate without formal notice to interested parties.  This avoids the delay associated with having to arrange for legal service of formal notice on each party.  The attorney will usually present affidavits of subscribing witnesses (if no self-proving affidavit is attached to the will) and waivers and joinders from each interested person (heirs of an intestate estate or beneficiaries of a will).

Probate in common form is popular due to its relative brevity. Most Mississippi probates are done in common form.  There is a downside, though: probate in common form is not binding on anyone who is not a party to the proceeding. Interested parties have two years from the conclusion of the probate proceeding to contest the probate proceeding. This leaves the estate open to a challenge for a two year period.

If a contest is likely, many attorneys will bring a second form of proceeding, called a solemn form probate.  In a solemn form probate, the attorney will name all interested persons as parties to the proceeding and serve them with formal notice.  A trial may be held to establish the validity of the decedent’s will.

Solemn form probate proceedings are binding on anyone that is made a party.  When the proceeding ends, that’s it. The interested parties are not allowed to bring a contest at a later time because they have already had their day in court. This can bring finality to the probate. But because of the additional work required, solemn form probate proceedings can be much more expensive than common form probate proceedings.