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Fill and Sign the Mississippi Probate Will Form

Fill and Sign the Mississippi Probate Will Form

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IN THE CHANCERY COURT OF       COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF       , DECEASED NO.       PETITION TO PROBATE WILL IN SOLEMN FORM AND APPOINT EXECUTRIX COMES NOW       , of       ,       , Mississippi       , and files this his/her Petition to Probate the Last Will and Testament of       , Deceased, pursuant to Sec. 91 - 7 - 1 of the Mississippi Code of 1972, Annotated, as Amended, and would respectfully show unto the Court the following, to - wit: 1. That       , late a resident of       County, Mississippi, and having a fixed place of residence in       County, Mississippi, died testate on             ,       . 2. That attached to the Petition is a copy of an instrument of writing bearing date of             ,       , executed by       in the presence of       and       , subscribing witnesses, purporting to be the Last Will and Testament of       . 3. That       , Deceased left certain property situated in       County, Mississippi. 4. That under the terms of the said instrument of writing, a copy of which is attached to the Petition, the Decedent named and appointed his/her husband/wife ,       , as Executor(Trix) of his/her Estate and since he/she is the sole and only beneficiary of this his/her Last Will and Testament, there is no necessity for the statutory requirements of bond, inventory, appraisals or accountings to any Court. 5. That attached to the Petition is a copy of the Affidavit of       , one of the subscribing witnesses to the said instrument of writing mentioned hereinabove, a copy of which being attached to the Petition reflecting that       executed the said instrument of writing in his/her presence and in the presence of       , the other subscribing witness, and that they subscribed their names thereto as witnesses in the presence of       and in the presence of each other at the request of the said Decedent. That the said testator was of sound and disposing mind and memory and of lawful age to make testamentary disposition of his/her property on the day and date said instrument was signed and published 6. That the instrument of writing, a copy of which is attached to the Petition and bearing date of             ,       , executed by       in the presence of       and       , subscribing witnesses, should be admitted to probate as the Last Will and Testament of       and that       should be appointed Executor(Trix) of the Estate of       , Deceased, and that temporary Letters Testamentary should be issued unto him/her upon his/her taking the oath prescribed by statute, with the requirements of bond, inventory, and accountings being expressly waived. That as insofar as known as to your Petitioner, the following persons are the sole and only interested parties to this Petition for Probate as best can be determined by the Petitioner after diligent search and inquiry, to - wit:       ,       ,       ,       ,       ,       ,       ,       (formerly       ), and       .       , is deceased and is survived by       ,       ,       , and       as his/her sole and only heirs at law. WHEREFORE, PREMISES CONSIDERED, Petitioner prays that the Court fix a date, time and place for a hearing on this Petition and that all of the foregoing interested parties, together with any and all other persons having or claiming any interest in said estate be summoned as provided by law to be and appear at said hearing to contest the probate of the Last Will and Testament of       , deceased, or to make any other objects. Petitioner further prays that at said hearing, the Court determine whether the said instrument is the true Last Will and Testament of the deceased and that the rightful recipients of the estate be determined; that said Last Will and Testament be admitted to Probate in common form and that Petitioner,       be appointed Executor(Trix) of the Estate of       , and that upon his/her taking the oath prescribed by statute temporary Letters Testamentary be issued pending a final adjudication of this matter; and that formal appraisement and bond be waived. Petitioner prays for general relief. Respectfully submitted, _______________________________________       Attorney for       Of counsel:                         Telephone:       MSB #       Attorney for       STATE OF MISSISSIPPI COUNTY OF       PERSONALLY came and appeared before me, the undersigned authority of law in and for the above styled jurisdiction, the within named       , who, having been by me first duly sworn, states on his/her oath that all the matters, facts and averments contained in the above and foregoing Petition are true and correct as therein stated. ______________________       SWORN TO AND SUBSCRIBED BEFORE ME, this the       day of             . _______________________ NOTARY PUBLIC My commission expires: _____________________ ATTORNEY FOR PETITIONER

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