Probate Administration and Litigation

When a person dies leaving a Last Will and Testament, the will must be presented to the court for probate. If the will is not contested, the probate process involves petitioning the court to open the estate, serving notice to creditors and allowing 90 days for any claims against the estate, paying debts and distributing the remainder of the estate, and finally closing the estate. This process can be straightforward, but it can also present challenges.

If a will is contested, litigation may be required. A will contest operates similar to a lawsuit in which both sides present their cases, and the judge, or the jury if one is requested, decides whether to uphold the will or find it invalid. A will may be contested for several reasons, including that the testator lacked the necessary mental capacity at the time the will was made, that the testator made the will under the undue influence of another person, or that a holographic, or handwritten, will is not the true will of the testator, in which case the deceased’s handwriting must be proven. Only a person who has an interest in the deceased’s estate may contest the will. 

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 Bankhead Law Firm, Attorneys at Law, serves all of Northern Mississippi from the Jackson metro area to Oxford, Batesville, Tupelo, Southaven, Olive Branch, Horn Lake, and Tunica. We proudly serve the counties of Lafayette, Panola, Tate, Yalobusha, Tallahatchie, Tunica, Lee, Quitman, Coahoma, Pontotoc, Union, Itawamba, Tishomingo, Alcorn, Tippah, Marshall, Bolivar, Calhoun, Chickasaw and Monroe among others.