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Bill > HB164


MS HB164

MS HB164
Successor affidavit for probate estates; increase.


summary

Introduced
01/10/2025
In Committee
01/10/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act To Amend Section 91-7-322, Mississippi Code Of 1972, To Increase The Value Threshold Of Probate Estates For Successor Affidavits; And For Related Purposes.

AI Summary

This bill amends Mississippi Code Section 91-7-322 to increase the value threshold for probate estates that can use a successor affidavit from $75,000 to $100,000. The bill allows certain family members (such as a spouse, children, grandchildren, parents, or siblings) to claim a deceased person's property through a simplified process when the estate's total value is below $100,000. The affidavit must state that 30 days have passed since the person's death, no personal representative has been appointed, and provide details about the successor's relationship to the deceased. This process enables successors to collect debts, transfer personal property, and handle financial instruments without going through a full probate court proceeding. The bill provides specific rules about who can use this process, including provisions for minors or incapacitated adults to be represented by guardians or other legal representatives. The changes will take effect on July 1, 2025, potentially making it easier and less expensive for families to settle small estates.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

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