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Fill and Sign the Ms Petition Form

Fill and Sign the Ms Petition Form

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IN THE CHANCERY COURT OF THE ________ JUDICIAL DISTRICT OF ________ COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF __________________ , DECEASED NO. ________ PETITION TO CLOSE ESTATE AND DISCHARGE EXECUTOR Comes now _____________ , as Executor of the Will and Estate of _____________ , deceased, and petitions this Court and for cause of petition would state unto the Court the following matters and facts, to-wit: I. That on or about the ___ day of _______ , 20 ___ , _____________ , an adult resident citizen of the _______ Judicial District of _____ County, Mississippi, departed this life testate, leaving a Last Will and Testament dated _______ ___ , 20 ___ , which has been probated in common form in this Court. II. That on _______ ___ , 20 ___ , Petitioner herein was appointed as the Executor of the Will and Estate of _____________ , deceased, and Letters Testamentary were issued to Petitioner on _______ ___ , 20 ___ . III. That Notice to Creditors has been published in _____________ , a newspaper published and having a general circulation in _____ County, Mississippi, said publication having been made on _______ ___ , 20 ___ , _______ ___ , 20 ___ , and on _______ ___ , 20 ___ , all as shown by the Proof of Publication of said notice, which proof is on file with the other papers in this cause in the office of the Chancery Clerk of _____ County at _____ , Mississippi. IV. That the time to probate claims has now elapsed, and all claims probated against said Estate have been paid in full. V. That all assets of the Estate have been collected, and there were no federal estate taxes due to the Internal Revenue Service nor were there any estate taxes due to the Mississippi State Tax Commission due to the size of the Estate. VI. That in said Last Will and Testament of _____________ , deceased, all of his Estate was left to his two adult children, _____________ and _____________ , in equal shares, and said _____________ and _____________ do, by execution hereof, join in this Petition, enter their appearance and waive process. The address of said _____________ is _____________ , _____ , Mississippi _____ , and the address of _____________ is _____________ , _____ , _____ _____ . That decedent's son _____________ did predecease decedent leaving no spouse or children. VII. Petitioner respectfully requests that this Court waive the necessity of an inventory and a first and/or final accounting of the Executor in accordance with Item I of said Last Will and Testament. VIII. That _____________ , attorneys, have rendered valuable services to said Executor in connection with this Estate, and said attorneys have been paid the sum of _______________ Dollars ($ _____ ) thus far by the Executor for legal services and expenses incurred. Said attorneys should be paid a reasonable amount for the remainder of their services which have been rendered to the Executor by said firm and for the reasonable out-of-pocket expenses incurred by said firm on behalf of the Executor. IX. That all necessary acts having been done by your Petitioner, the Estate should be finally closed upon payment of all administration and Court costs, and your Petitioner should then be fully and finally discharged. WHEREFORE, PREMISES CONSIDERED, your Petitioner prays as follows: 1. That the inventory and first and/or final accounting of _____________ , as Executor of the Will and Estate of _____________ , deceased, be waived. 2. That _____________ , as Executor, be authorized to pay unto the Clerk of this Court all court costs accrued herein, and to pay to the Estate's attorneys, _____________ the sum of _____________ Dollars ($ _____ ) for. the remainder of their services, plus any reasonable out-of-pocket expenses which said firm has incurred in connection therewith. 3. That _____________ , as Executor, be authorized to take such steps as might be necessary to assign, transfer, and deliver unto _____________ , individually, and _____________ , in equal shares, any remaining property comprising the decedent's Estate of whatsoever kind or character and wheresoever situated. 4. That after taking the actions above set forth, your Petitioner, _____________ , shall stand fully and finally discharged and relieved from any further obligations, responsibilities, or liabilities in connection with the Will and Estate of _____________ , deceased, without the entry of any other or further orders or decrees in this cause, and this Estate shall thereupon be closed. And Petitioner prays for general relief. Respectfully submitted, _________________________________________ _____________ , as Executor of the Will and Estate of _____________ , and Individually (being one and the same person as _____________ ) _________________________________________ _____________ __________________ (MSB No. _____ ) __________________ __________________ _____ , Mississippi _____ Telephone Number: 601/ _____ Solicitors STATE OF MISSISSIPPI COUNTY OF _____ Personally appeared before me, the undersigned authority at law in and for the aforesaid jurisdiction, the within-named _____________ (being one and the same person as _____________ ), as Executor of the Will and Estate of _____________ , deceased, and individually, who, after being by me first duly sworn, stated on oath that the matters and facts set forth in the above and foregoing Petition are true and correct as therein stated. _________________________________________ _____________ (being one and the same person as _______________ ) SWORN to and subscribed before me, this the _________ day of _________________, 20 ___ . _________________________________________ Notary Public My Commission Expires: ___________________________ STATE OF _____ COUNTY OF _____ Personally appeared before me, the undersigned authority at law in and for the aforesaid jurisdiction, the within-named _____________ , who, after being by me first duly sworn, stated on oath that the matters and facts set forth in the above and foregoing Petition are true and correct as therein stated to the best of her knowledge, information and belief. _________________________________________ _____________ SWORN to and subscribed before me, this the ________ day of _______________, 20 ___ . _________________________________________ Notary Public My Commission Expires: ___________________________

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