List of Relevant Mississippi Laws regarding Estates and Trusts
Chapter 1 – Descent and Distribution
- § 91-1-1. What law to govern
- § 91-1-3. Descent of land
- § 91-1-5. Half-bloods
- § 91-1-7. Descent of property as between husband and wife
- § 91-1-9. Descent of trust estates
- § 91-1-11. Personal estate to descend as real estate
- § 91-1-13. Estate of testator not disposed of by will to descend
- § 91-1-15. Descent among illegitimates; definitions
- § 91-1-17. Advancement to be brought into hotchpot
- § 91-1-19. Descent of exempt property
- § 91-1-21. Exempt property liable for debt of decedent
- § 91-1-23. Exempt property not to be partitioned in certain cases
- § 91-1-25. Person who has killed another not to inherit from him
- § 91-1-27. How title to property acquired by descent may be made
- § 91-1-29. Heirs to be cited to appear
- § 91-1-31. Judgment as to descent of property cannot be assailed collaterally except for fraud
Chapter 3 – Uniform Simultaneous Death Law
- § 91-3-1. How chapter cited
- § 91-3-3. Construction
- § 91-3-5. Disposition of property in absence of evidence of survivorship
- § 91-3-7. Beneficiaries of another person’s disposition of property
- § 91-3-9. Joint tenants or tenants by the entirety
- § 91-3-11. Insurance policies or contracts
- § 91-3-13. Chapter not to apply to persons dying before effective date
- § 91-3-15. Provision in will, etc., rendering chapter inapplicable
Chapter 5 – Wills and Testaments
- § 91-5-1. Who may execute; signature; attestation
- § 91-5-3. Revocations
- § 91-5-5. Children born after making of the will
- § 91-5-7. Bequests not to lapse in certain cases
- § 91-5-9. Devise to witness void
- § 91-5-11. Devise or bequest to trustee
- § 91-5-13. Creditor competent witness to will
- § 91-5-15. Nuncupative wills
- § 91-5-17. Parties in interest to nuncupative will to be cited
- § 91-5-19. Nuncupative will not to be proven after six months unless reduced to writing
- § 91-5-21. Members of armed forces and mariners at sea excepted
- § 91-5-23. Provision for husband or wife to be in bar
- § 91-5-25. Right of spouse to renounce will; form of renunciation; right to intestate share
- § 91-5-27. Effect of no provision for husband or wife
- § 91-5-29. Effect of wife or husband having separate estate
- § 91-5-31. Repealed
- § 91-5-33. Person who kills another not to take under his will
- § 91-5-35. Will devising real property admitted to probate as muniment of title only; rights of interested parties unaffected
Chapter 7 – Executors and Administrators
- § 91-7-1. Venue of proof of wills
- § 91-7-3. By whom presented
- § 91-7-5. Production of will compelled
- § 91-7-7. Proof of due execution of will
- § 91-7-9. Affidavit of subscribing witness receivable
- § 91-7-10. Affidavits may be used to authenticate holographic wills or codicils
- § 91-7-11. Testimony of absent witness
- § 91-7-13. Testimony on probating will reduced to writing
- § 91-7-15. Will executed by person in armed forces – additional manner of proof
- § 91-7-17. Rejection of will not binding
- § 91-7-19. All interested may be made parties
- § 91-7-21. Caveat against probate may be filed
- § 91-7-23. Validity contested within two years
- § 91-7-25. Necessary parties to contest
- § 91-7-27. Probate of will prima facie evidence
- § 91-7-29. Trial of issue devisavit vel non
- § 91-7-31. Wills recorded
- § 91-7-33. Foreign wills recorded
- § 91-7-35. Grant of letters testamentary
- § 91-7-37. Eighteen the age of majority for executors and administrators
- § 91-7-39. Administration with will annexed
- § 91-7-41. Oath and bond of executor or administrator with will annexed
- § 91-7-43. Executor as residuary legatee
- § 91-7-45. When bond not required
- § 91-7-47. Rights and duties of executor or administrator with will annexed
- § 91-7-49. Directions of will to be followed
- § 91-7-51. Effect of receipt for money by executor or trustee
- § 91-7-53. Temporary administrator
- § 91-7-55. Estate to be appraised
- § 91-7-57. Powers of temporary administrator
- § 91-7-59. Compensation of temporary administrator
- § 91-7-61. Administrator to institute suits
- § 91-7-63. Grant of administration
- § 91-7-65. Persons disqualified to administer
- § 91-7-67. Oath and bond of administrator
- § 91-7-68. Administrator of estate of intestate under legal disability
- § 91-7-69. Administration de bonis non
- § 91-7-71. Rights of administrator de bonis non
- § 91-7-73. County administrator
- § 91-7-75. Bond and oath of county administrator
- § 91-7-77. Additional bond may be required
- § 91-7-79. Letters granted to county administrator
- § 91-7-81. Accounts to be filed when office vacated
- § 91-7-83. Sheriff administrator in certain cases
- § 91-7-85. Removal and surrender of trust
- § 91-7-87. Administration revoked by proof of will and grant of letters testamentary
- § 91-7-89. Letters of certain nonresidents revoked
- § 91-7-90. Order of abatement for shares of distributees of deceased’s property
- § 91-7-91. Assets defined; unsecured creditors to give notice
- § 91-7-93. Inventory of money and property owned by decedent at time of death
- § 91-7-95. Supplementary inventory or appraisement
- § 91-7-97. Adoption of collector’s inventory or new inventory
- § 91-7-99. All to join in returning inventory
- § 91-7-101. Debt from executor or administrator inventoried
- § 91-7-103. Summary proceeding for discovery of assets
- § 91-7-105. Failure to return inventory
- § 91-7-107. Perfect inventory may be compelled
- § 91-7-109. Inventory and appraisement by qualified disinterested persons
- § 91-7-111. Repealed
- § 91-7-113. Repealed
- § 91-7-115. Repealed
- § 91-7-117. Executor or administrator to set apart exempt property
- § 91-7-119 through 91-7-133. Repealed
- § 91-7-135. Court or chancellor to set apart one year’s support for family
- § 91-7-137. Repealed
- § 91-7-139. Repealed
- § 91-7-141. Court or chancellor may apportion year’s allowance
- § 91-7-143. Minor distributee or legatee maintained
- § 91-7-145. Notice to creditors of estate
- § 91-7-147. Newspaper notices dispensed with in small estates
- § 91-7-149. Probate of claims
- § 91-7-151. Claims to be registered in ninety days or barred; amendment of affidavits
- § 91-7-153. Registration of claim stops limitation
- § 91-7-155. Executor to pay probated, registered debts
- § 91-7-157. Executor to pay taxes
- § 91-7-159. Agreement with commissioner of internal revenue to exercise discretion in distributing assets of estate or trust
- § 91-7-161. Creditors whose claims are not due must accept payment
- § 91-7-163. Claim of executor or administrator to be treated same as other claims
- § 91-7-165. Claims may be contested
- § 91-7-167. Creditor having lien failing to present claim
- § 91-7-169. Growing crop
- § 91-7-171. Farm may be cultivated or rented
- § 91-7-173. Executor or administrator may continue business for limited time
- § 91-7-175. Sale of perishable property
- § 91-7-177. Private sale of personal property
- § 91-7-179. Sale for appraised value without order
- § 91-7-181. Certain property may be sold without being present
- § 91-7-183. Public sale of personal property
- § 91-7-185. Report of sale and proceedings
- § 91-7-187. Sale of land in preference to personalty
- § 91-7-189. Sale to pay the purchase-money of land
- § 91-7-191. Sale of land upon insufficiency of personalty
- § 91-7-193. Waste of personal estate no bar
- § 91-7-195. Creditors may apply for sale of property
- § 91-7-197. Interested parties to be cited upon petition to sell property
- § 91-7-199. Hearing and decree
- § 91-7-201. Mistake in description of land may be corrected
- § 91-7-203. Bond to pay debts may be given and decree for sale not made
- § 91-7-205. Bond required in decree for sale of lands; waiver of bond
- § 91-7-207. Failure to give bond
- § 91-7-209. Purchase-money a charge on property
- § 91-7-211. Estoppel from receipt of purchase-money
- § 91-7-213. Borrowing money to pay claims
- § 91-7-215. Procedure for borrowing
- § 91-7-217. Overplus and contribution
- § 91-7-219. Procedure in vacation
- § 91-7-221. Executor or administrator to make title to land
- § 91-7-223. Executors and administrators may make deeds of conveyance
- § 91-7-225. Lands may be leased to pay debts
- § 91-7-227. Executors and administrators to renew obligation and encumbrances of estate
- § 91-7-229. Claims may be sold or compromised
- § 91-7-231. Actions which accrue in administration
- § 91-7-233. What actions survive to executor or administrator
- § 91-7-235. What actions survive against executor or administrator
- § 91-7-237. Death of party not to abate suit in certain cases
- § 91-7-239. Executor or administrator not to be sued for ninety days
- § 91-7-241. Suit by or against administrator not to abate
- § 91-7-243. Not bound to plead specially
- § 91-7-245. Any one interested may defend suit
- § 91-7-247. Actions which accrue between administrators
- § 91-7-249. Executor in his own wrong
- § 91-7-251. Liability of executor or administrator of an executor de son tort
- § 91-7-253. Fiduciary not to use funds; investment by fiduciary bank in time certificates of deposit
- § 91-7-255. Fiduciary not to transfer negotiable papers
- § 91-7-257. Repealed
- § 91-7-259. Foreign executor or administrator may sue
- § 91-7-261. Procedures for insolvent estates
- § 91-7-263. Creditor may institute insolvency proceedings
- § 91-7-265. Decree of insolvency after all property sold
- § 91-7-267. Publication and claims presented in insolvent estate
- § 91-7-269. Filing, examination, and adjudication of claims in insolvent estate
- § 91-7-271. Distribution of assets in insolvent estate
- § 91-7-273. Suits not to abate on insolvency
- § 91-7-275. Suit not allowed after decree of insolvency
- § 91-7-277. Annual accounts
- § 91-7-279. Repealed
- § 91-7-281. Attorney’s fees allowable
- § 91-7-283. Defaulters to be listed and cited
- § 91-7-285. Process for derelict fiduciary
- § 91-7-287. Publication of process for defaulter
- § 91-7-289. Hearing for derelict fiduciary
- § 91-7-291. Final accounts
- § 91-7-293. Names of interested parties to be stated
- § 91-7-295. Summons or publication for final account
- § 91-7-297. Hearing and adjudication of final account
- § 91-7-299. Allowance to executor or administrator
- § 91-7-301. Personal estate sold for division
- § 91-7-303. Distribution compelled
- § 91-7-305. Distribution of assets in kind to surviving spouse
- § 91-7-307. Delaying settlement
- § 91-7-309. Accounts may be opened and falsified in two years
- § 91-7-311. Bonds to be recorded; suits thereon
- § 91-7-313. Suit for devastavit
- § 91-7-315. New bond of executors and administrators may be required
- § 91-7-317. Relief of sureties and new bond
- § 91-7-319. Executors may receive credit for costs of bond in surety company
- § 91-7-321. Custodian appointed for distributive share
- § 91-7-322. Payment of indebtedness or delivery of personal property of decedent to decedent’s successor; affidavit of successor
- § 91-7-323. Wages due deceased employee
- § 91-7-325. Suit to recover wages if not paid within sixty days
- § 91-7-327. Duty of chancery clerk when wages paid to him
- § 91-7-329. Not to apply to estates administered upon
- § 91-7-331. “Administrator” defined
Chapter 8 – Mississippi Uniform Trust Code
- Article 1 – General Provisions and Definitions
- Article 2 – Judicial Proceedings
- Article 3 – Representation
- Article 4 – Creation, validity, modification, and termination of trust
- Article 5 – Creditor’s Claims; Spendthrift and Discretionary Trusts [Reserved]
- Article 6 – Revocable Trusts
- Article 7 – Office of Trustee
- Article 8 – Duties and Powers of Trustee
- Article 9 – Uniform Prudent Investor Act
- Article 10 – Liability of Trustees and Rights of Persons Dealing with Trustee
- Article 11 – Miscellaneous Provisions
- Article 12 – Trust Advisors and Trust Protectors
Chapter 9 – Trusts and Trustees
- Article 1 – Trusts – General Provisions
- Article 3 – Uniform Trustees’ Powers
- Article 5 – Resignation and Succession of Trustees
- Article 7 – Removal of Trustees
- Article 9 – Administration of Private Foundation Trusts, Charitable Trusts, and Split-Interest Trusts
- Article 11 – Family Trust Preservation Act of 1998
- Article 13 – Uniform Prudent Investor Act
- Article 15 – Mississippi Qualified Disposition in Trust Act
