A decedent’s estate is the real and personal property that a person possesses at the time of death and that descends to the heirs subject to the payment of debts and claims. A decedent may die with a Last Will and Testament (testate) or without a Will (intestate). The real and personal property of a decedent with a valid Last Will and Testament will pass to the beneficiaries in accordance with the Will. If a decedent passes away without a Last Will and Testament, his or her real and personal property will pass to his or her heirs-at-law in accordance with the laws of descent and distribution in the State of Mississippi.
This is the process by which a Court determines whether the testamentary document presented by a decedent’s personal representative is a valid Last Will and Testament. A decedent’s Will is not considered valid until the Court enters an Order probating the Will.
Estate administration may be contested on one issue or several issues between heirs or beneficiaries. The law provides certain remedies for contested issues when an agreement cannot be reached between the parties.
The litigation of a will’s validity usually based upon allegations that the testator (person who signed the will) lacked the mental or physical capacity to make the will or was under undue influence by someone.