Assets in Mississippi

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  • #4116

    cellgrel
    Participant

    Briefly, decedent lived and died in Mississippi. Probate has been initiated in Louisiana. There are assets in both states. Is a second probate required in Mississippi? If so, should the LA process be completed first? Are there other related issues to be considered?

  • #4119

    Bassmaster
    Participant

    Probate must be filed in the parish/county of the domicile of the deceased. If he was domiciled in Mississippi, then the probate should be completed there and an ancillary proceeding done in Louisiana.

  • #4124

    cellgrel
    Participant

    Thanks for the response.
    Since Wills have been recorded and the Louisiana court has recognized the associated Petitions and Ordered the Successions be opened, can the probate be completed here and then an ancillary proceeding done in Mississippi? Would the LA probate only address the properties in LA?

  • #4126

    Lex
    Keymaster

    Usually the ancillary probate depends on the primary probate to establish who the legatees (if a will) or heirs (if no will) are.

    The Louisiana courts would have no jurisdiction over MS property, buy they do have jurisdiction over deciding who are heirs. The ancillary probate then recognizes the heirs and applies their own law as to the property.

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