reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-141 - Court or chancellor may apportion year's allowance

The court or the chancellor may apportion the one (1) year's allowance, or any part of it, according to the situation, rights, and interests of any of the children or the widow, and may direct the payment of any portion of the allowance which may be found necessary or proper to any of them.
Codes, 1871, § 1959; 1880, § 1281; 1892, § 1880; 1906, § 2055; Hemingway's 1917, § 1720; 1930, § 1667; 1942, § 564.
Amended by Laws, 2019, ch. 458, HB 1375,§ 6, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-143 - Minor distributee or legatee maintained

An executor or administrator of a solvent estate may defray the necessary and reasonable expenses of the maintenance and education of legatees or distributees who are minors and have no guardian, and may be allowed a credit therefor against the shares of the estate to which such minors are entitled on distribution. Before making such expenditures, he shall obtain the order of the court, or of the chancellor in vacation, authorizing him to make them.
Codes, 1880, § 2094; 1892, § 1954; 1906, § 2128; Hemingway's 1917, § 1796; 1930, § 1668; 1942, § 565.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-145 - Notice to creditors of estate

(1)
The executor or administrator shall make reasonably diligent efforts to identify persons having claims against the estate. Such executor or administrator shall mail a notice to persons so identified, at their last known address, informing them that a failure to have their claim probated and registered by the clerk of the court granting letters within ninety (90) days after the first publication of the notice to creditors will bar such claim as provided in Section
91-7-151
.
(2)
The executor or administrator shall file with the clerk of the court an affidavit stating that such executor or administrator has made reasonably diligent efforts to identify persons having claims against the estate and has given notice by mail as required in subsection (1) of this section to all persons so identified. Upon filing such affidavit, it shall be the duty of the executor or administrator to publish in some newspaper in the county a notice requiring all persons having claims against the estate to have the same probated and registered by the clerk of the court granting letters, which notice shall state the time when the letters were granted and that a failure to probate and register within ninety (90) days after the first publication of such notice will bar the claim. The notice shall be published for three (3) consecutive weeks, and proof of publication shall be filed with the clerk. If a paper be not published in the county, notice by posting at the courthouse door and three (3) other places of public resort in the county shall suffice, and the affidavit of such posting filed shall be evidence thereof in any controversy in which the fact of such posting shall be brought into question.
(3)
The filing of proof of publication as provided in this section shall not be necessary to set the statute of limitation to running, but proof of publication shall be filed with the clerk of the court in which the cause is pending at any time before a decree of final discharge shall be rendered; and the time for filing proof of publication shall not be limited to the ninety-day period in which creditors may probate claims.
Codes, Hutchinson's 1848, ch. 49, art. 1 (115); 1857, ch. 60, art. 81; 1871, § 1135; 1880, § 2026; 1892, § 1929; 1906, § 2103; Hemingway's 1917, § 1771; 1930, § 1669; 1942, § 566; Laws, 1920, ch. 302; Laws, 1928, ch. 69; Laws, 1975, ch. 373, § 4; Laws, 1989, ch. 582, § 2; Laws, 1994, ch. 430 § 1, eff. 3/17/1994.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-147 - Newspaper notices dispensed with in small estates

Where the value of an estate shall not be more than Five Hundred Dollars ($500.00), the court shall dispense with newspaper notices; and notices in lieu thereof shall be posted for thirty (30) days at the courthouse door and two (2) other public places in the county. Failure of persons having claims against the estate to have their claims probated and registered by the clerk of the court granting letters within ninety (90) days after the date on which notice is posted will bar such claims as provided in Section
91-7-151
.
Codes, 1857, ch. 60, art. 97; 1871, § 1157; 1880, § 2066; 1892, § 1891; 1906, § 2066; Hemingway's 1917, § 1731; 1930, § 1670; 1942, § 567; Laws, 1994, ch. 430, § 2, eff. 3/17/1994.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-151 - Claims to be registered in ninety days or barred; amendment of affidavits

All claims against the estate of deceased persons, whether due or not, shall be registered, probated and allowed in the court in which the letters testamentary or of administration were granted within ninety (90) days after the first publication of notice to creditors to present their claim. Otherwise, the same shall be barred and a suit shall not be maintained thereon in any court, even though the existence of the claim may have been known to the executor or administrator. Where the affidavit is made in good faith and the claim is registered, probated and allowed by the clerk but the affidavit is defective or insufficient, the court may allow the affidavit to be amended so as to conform to the requirements of the statute, at any time before the estate is finally settled; whereupon the probate shall be as effective and the claim as valid against the estate as if the affidavit had been correct and sufficient in the first instance.
Codes, Hutchinson's 1848, ch. 49, art. 20 (5); 1857, ch. 60, art. 83; 1871, § 1141; 1880, § 2028; 1892, § 1933; 1906, § 2107; Hemingway's 1917, § 1775; 1930, § 1672; 1942, § 569; Laws, 1926, ch. 157; Laws, 1975, ch. 373, § 5, eff. 1/1/1976.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-153 - Registration of claim stops limitation

The presentation of a claim, and having it probated and registered as required by law, shall stop the running of the general statute of limitations as to such claim, whether the estate be solvent or insolvent.
Codes, 1880, § 2062; 1892, § 1936; 1906, § 2110; Hemingway's 1917, § 1778; 1930, § 1673; 1942, § 570.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-155 - Executor to pay probated, registered debts

It shall be the duty of an executor or administrator to speedily pay the debts due by the estate out of the assets, if the estate be solvent; but he shall not pay any claim against the deceased unless the same has been probated, allowed, and registered.
Codes, Hutchinson's 1848, ch. 49, art. 1 (90); 1857, ch. 60, art. 81; 1871, §§ 1135, 1137; 1880, §§ 2026, 2027; 1892, § 1931; 1906, § 2105; Hemingway's 1917, § 1773; 1930, § 1674; 1942, § 571.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-157 - Executor to pay taxes

An executor or administrator shall pay all taxes that may be due on real and personal property belonging to the estate.
Codes, 1892, § 1930; 1906, § 2104; Hemingway's 1917, § 1772; 1930, § 1675; 1942, § 572.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-159 - Agreement with commissioner of internal revenue to exercise discretion in distributing assets of estate or trust

The executor, trustee, or other fiduciary having discretionary powers under a last will and testament or transfer in trust shall be authorized to enter into agreements with the commissioner of internal revenue of the United States of America and other taxing authorities to exercise the fiduciary's discretion so that the assets to be distributed in satisfaction of a bequest or transfer in trust will be selected in such a manner that cash and other properties distributed will have an aggregate fair market value representative of the pecuniary legatee's or transferee's proportionate share of the appreciation or depreciation in value to the date, or dates, of distribution of all property then available for distribution in satisfaction of such bequest or transfer. It is the purpose of this section to authorize such fiduciary to enter into any agreement that may be necessary or advisable in order to secure for federal estate tax purposes the maximum marital deduction available under the Internal Revenue Laws of the United States of America, and to do and perform all acts incident to such purpose.
Codes, 1942, § 572.5; Laws, 1964, ch. 295, eff. 6/6/1964.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-161 - Creditors whose claims are not due must accept payment

The executor or administrator may pay any debt, duly probated, allowed and registered, which is not due. After ninety (90) days from the grant of letters, the creditor shall accept payment thereof and give a full discharge therefor, upon the payment or tender to him of an amount equal to what the debt would have been had it been made payable on the day the payment or tender is made.
Codes, 1892, § 1938; 1906, § 2112; Hemingway's 1917, § 1780; 1930, § 1676; 1942, § 573; Laws, 1975, ch. 373, § 6, eff. 1/1/1976.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-163 - Claim of executor or administrator to be treated same as other claims

An executor or administrator shall not be allowed to retain any part of the assets in payment of his own claim against the deceased, unless the same be probated and registered as other claims and passed by the court. Every such claim shall stand upon an equal footing with other claims of the same nature.
Codes, Hutchinson's 1848, ch. 49, art. 1 (108); 1857, ch. 60, art. 85; 1871, § 1143; 1880, § 2030; 1892, § 1935; 1906, § 2109; Hemingway's 1917, § 1777; 1930, § 1677; 1942, § 574.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-165 - Claims may be contested

The executor or administrator, legatee, heir, or any creditor may contest a claim presented against the estate. The court or clerk may refer the same to auditors, who shall hear and reduce to writing the evidence on both sides, if any be offered, and report their findings with the evidence to the court. Thereupon the court may allow or disallow the claim, but such proceeding shall not be had without notice to the claimant.
Codes, 1857, ch. 60, art. 84; 1871, § 1142; 1880, § 2029; 1892, § 1934; 1906, § 2108; Hemingway's 1917, § 1776; 1930, § 1678; 1942, § 575.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-167 - Creditor having lien failing to present claim

A creditor of a decedent who has a lien of any kind on property of the decedent shall not be barred of his right to enforce the lien against the property by a failure to present his claim and have it probated and registered, but shall be barred of all claim to be satisfied out of the assets not affected by such lien. A person claiming to have a lien on any property of the decedent may be made a party to any proper proceeding by the executor or administrator or a creditor to test the validity of such claim to a lien, and to determine upon the right of such claim. This may be in a proceeding to sell property, which may be ordered to be sold free from such lien, or subject to it; and the decree may be made as to a sale and disposition of the proceeds of the sale of the property, as may be according to the rights of parties before the court.
Codes, 1880, § 2031; 1892, § 1937; 1906, § 2111; Hemingway's 1917, § 1779; 1930, § 1679; 1942, § 576.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-169 - Growing crop

The court or chancellor may, on the application of an executor or administrator, decree the sale of the crop growing at the time of the death of the testator or intestate, upon such terms and in such manner as may be deemed best. If the interest of the estate would be promoted by the cultivation and completion of the crop, on application therefor by the executor or administrator, it shall be so ordered by the court or chancellor; and in such case the executor or administrator shall take charge of the farm and manage the same until the crop be completed and gathered, retaining for that purpose so much of the property thereon as may be necessary. The proceeds shall be assets in his hands, the necessary expenses being first deducted; and, in either case, the executor or administrator shall render a true account of the crop. In case of the sale of the growing crop, the purchaser thereof may at all reasonable times enter upon the lands to cultivate and gather the same.
Codes, Hutchinson's 1848, ch. 49, art. 1 (84); 1857, ch. 60, art. 96; 1871, § 1156; 1880, § 2063; 1892, § 1882; 1906, § 2057; Hemingway's 1917, § 1722; 1930, § 1680; 1942, § 577.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-171 - Farm may be cultivated or rented

The court or chancellor, upon the application of executor or administrator, may allow him to cultivate or lease the farm or lands of the decedent for a period of not exceeding fifteen months from the grant of letters testamentary or of administration, if the interest of the estate, in the opinion of the court or chancellor, would be promoted thereby; or the court or chancellor, upon the application of the executor or administrator, may allow him to cultivate or lease the farm or lands of the decedent from year to year for the purpose of paying the debts of the decedent.
Codes, 1892, § 1883; 1906, § 2058; Hemingway's 1917, § 1723; 1930, § 1681; 1942, § 578; Laws, 1918, ch. 125.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-173 - Executor or administrator may continue business for limited time

The chancery court or the chancellor in vacation shall have the power to authorize the executor or administrator of a decedent, when not contrary to the provisions of a will, to continue as a going concern for a period of not exceeding three (3) years after the grant of letters, the business in which the decedent was engaged at the time of his death and, where such business is a mercantile or other business of like nature, to allow the purchase of goods in small quantities necessary to replenish the stock and promote the sale thereof, and to permit the sale of the stock of goods at retail in the regular course of business. Said stock of goods, however, shall not be sold at less than cost thereof, except by a previous order of the court or chancellor.
Codes, 1930, § 1682; 1942, § 579; Laws, 1926, ch. 142; Laws, 1964, ch. 298; Laws, 1966, ch. 323, § 1, eff. 2/8/1966.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-175 - Sale of perishable property

The court or clerk may order the sale of perishable property on such notice as may be prescribed, whether required for the payment of debts or not.
Codes, 1857, ch. 60, art. 87; 1871, § 1145; 1880, § 2034; 1892, § 1885; 1906, § 2060; Hemingway's 1917, § 1725; 1930, § 1683; 1942, § 580.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-177 - Private sale of personal property

The court, or the chancellor in vacation, may authorize the executor or administrator to sell personal property at a private sale.
Codes, 1857, ch. 60, art. 87; 1871, § 1146; 1880, § 2035; 1892, § 1886; 1906, § 2061; Hemingway's 1917, § 1726; 1930, § 1684; 1942, § 581.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-179 - Sale for appraised value without order

The executor or administrator, without an order therefor, may sell for cash, either at public or private sale, perishable goods or chattels or livestock of the decedent, whether it be necessary for the payment of debts and expenses of administration or not. He may likewise sell any personal property of the decedent necessary for the payment of the debts and expenses, but he shall realize therefor at least the appraised value of such property.
Codes, 1880, § 2038; 1892, § 1888; 1906, § 2063; Hemingway's 1917, § 1728; 1930, § 1685; 1942, § 582.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-181 - Certain property may be sold without being present

An executor or administrator may sell the interest of his testator or intestate in a ship, vessel, steamboat, other water craft, or other property which he cannot produce, without the same being present at the time and place of sale.
Codes, 1857, ch. 60, art. 87; 1871, § 1146; 1880, § 2036; 1892, § 1887; 1906, § 2062; Hemingway's 1917, § 1727; 1930, § 1686; 1942, § 583.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-183 - Public sale of personal property

If it be necessary to sell personal property for the payment of debts, or in case there are no debts and it is to the best interest of all parties concerned, the executor or administrator shall file a petition for an order of sale in which the reasons for the same shall be made known. In case there are no debts, five days' notice to the parties in interest who have not joined in said petition shall be given of the time and place of hearing said petition, or publication made, as provided by law, for nonresident or unknown defendants in chancery. If the court or chancellor in vacation be satisfied that a sale is necessary or proper, an order may be made for the sale of part or the whole of the personal estate; and if a part be ordered sold, the court or chancellor in vacation in selecting such part shall have in view the best interest of the creditors and distributees. The executor or administrator shall advertise in three or more public places in the county ten days before the sale, and shall sell the property designated in the order at public sale to the highest bidder, either for cash or credit, as the order of sale may direct. The executor or administrator shall not become the purchaser of any property which he may sell, either directly or indirectly, nor shall any executor or administrator take the estate or any part thereof at the appraised value.
Codes, 1857, ch. 60. art. 86; 1871, § 1144; 1880, § 2032; 1892, § 1884; 1906, § 2059; Hemingway's 1917, § 1724; 1930, § 1687; 1942, § 584.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-185 - Report of sale and proceedings

Whenever personal property shall be sold by an executor or administrator, he shall make report thereof in writing to the next term of the court, stating the time and place of sale, the name of the purchaser, and the amount of the purchase-money, and shall satisfy the court that the directions prescribed in the order for sale, if the sale be under an order, were followed. Thereupon the court shall confirm the sale, unless cause be shown to the contrary. If such sale be not reported at the next term, the court may compel the making of such report at a subsequent term, and may confirm or set aside the same. Any executor or administrator failing to make report in due time may be fined for a contempt, not exceeding One Hundred Dollars ($100.00).
Codes, 1857, ch. 60, art. 87; 1871, § 1147; 1880, § 2037; 1892, § 1889; 1906, § 2064; Hemingway's 1917, § 1729; 1930, § 1688; 1942, § 585.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-187 - Sale of land in preference to personalty

When the estate of any deceased person consists of real and personal property and it shall be necessary to sell a portion thereof, the chancery court, on petition of the executor, administrator, legatees or distributees, being satisfied that it would be to the interest of the distributees or legatees, may decree a sale of the real estate in preference to the personal estate.
Codes, Hutchinson's 1848, ch. 49, art. 8 (2); 1857, ch. 60, art. 93; 1871, § 1153; 1880, § 2042; 1892, § 1900; 1906, § 2075; Hemingway's 1917, § 1742; 1930, § 1689; 1942, § 586.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-189 - Sale to pay the purchase-money of land

If a person purchase land and die before paying therefor, the court may order the sale of personal property for the payment of the debt due for the land. If the personal property will not be sufficient, if sold, to pay the debt, or if it be advisable that the land be sold in preference to personal property to make payment therefor, the court may order the sale of such land on such terms as may be proper. In such case the vendor of the deceased and his assignee of the debt, if any, shall be made defendants to the petition for the sale of the land.
Codes, Hutchinson's 1848, ch. 49, art. 1 (96); 1857, ch. 60, art. 138; 1871, § 1196; 1880, § 2043; 1892, § 1901; 1906, § 2076; Hemingway's 1917, § 1743; 1930, § 1690; 1942, § 587.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-191 - Sale of land upon insufficiency of personalty

Whenever it shall be necessary for an executor or administrator to sell property to pay the debts and expenses of the estate, he may file a petition in the chancery court for the sale of the land of the deceased, or so much of it as may be necessary, and exhibit to the court a true account of the personal estate and debts due from the deceased, and the expenses and a description of the land to be sold. Any sale of land shall be subject to the abatement provisions of Section
91-7-90
.
Codes, Hutchinson's 1848, ch. 49, art. 1 (98); 1857, ch. 60, art. 88; 1871, § 1148; 1880, § 2039; 1892, § 1893; 1906, § 2068; Hemingway's 1917, § 1735; 1930, § 1691; 1942, § 588.
Amended by Laws, 2019, ch. 458, HB 1375,§ 13, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-193 - Waste of personal estate no bar

The fact that the insufficiency of the personal estate arose from the waste of the executor or administrator shall not be a defense to an application to sell land to pay debts, if such executor or administrator and sureties on his bond as such, if any, are insolvent or nonresidents of this state.
Codes, 1880, § 2041; 1892, § 1899; 1906, § 2074; Hemingway's 1917, § 1741; 1930, § 1692; 1942, § 589.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-195 - Creditors may apply for sale of property

Any creditor of the decedent whose claim against the estate is registered shall have the right to file a petition, as the executor or administrator may, for the sale of land or personal property of the decedent for the payment of debts. The court shall hear and decide upon such petition, and decree as if the application had been made by the executor or administrator, and may order the executor or administrator to make the sale. Any sale of land shall be subject to the abatement provisions of Section
91-7-90
.
Codes, 1880, § 2047; 1892, § 1895; 1906, § 2070; Hemingway's 1917, § 1737; 1930, § 1693; 1942, § 590.
Amended by Laws, 2019, ch. 458, HB 1375,§ 14, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-197 - Interested parties to be cited upon petition to sell property

When a petition shall be filed to sell or lease land to pay debts or otherwise affecting the real estate of a deceased person, all parties interested shall be cited by summons or publication, which shall specify the time and place of hearing the petition. If the petition be filed by a creditor or by a purchaser to correct a mistake in the description of the land, the executor or administrator shall be cited.
Codes, Hutchinson's 1848, ch. 49, art. 1 (98); 1857, ch. 60, art. 117; 1871, § 1148; 1880, §§ 2039, 2042, 2043, 2047; 1892, § 1904; 1906, § 2079; Hemingway's 1917, § 1746; 1930, § 1694; 1942, § 591.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-199 - Hearing and decree

The court, after service of summons or proof of publication, shall hear and examine the allegations and evidence in support of the petition and the objections to and evidence against it, if any. If on such hearing the court be satisfied that the land ought to be sold to pay the debts of the descendent and expenses of the estate, it may make a decree for the sale of a part or the whole of the land; and when a part only is decreed to be sold, the decree shall specify what part. If the real estate be so situated that a part cannot be sold without manifest prejudice to the heirs or devisees, the court may decree that the whole shall be sold; and the overplus arising from such sale, after the payment of debts and expenses, shall be distributed amongst the heirs according to the law of descents, or amongst the devisees according to the will. The sale of the land and distribution of the proceeds of the sale shall be subject to the abatement provisions of Section
91-7-90
.
Codes, Hutchinson's 1848, ch. 49, art. 1 (98); 1857, ch. 60, art. 89; 1871, § 1149; 1880, § 2040; 1892, § 1894; 1906, § 2069; Hemingway's 1917, § 1736; 1930, § 1695; 1942, § 592.
Amended by Laws, 2019, ch. 458, HB 1375,§ 15, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-201 - Mistake in description of land may be corrected

If any mistake shall be made in the description of any land of a decedent sold or leased, either in the petition, decree, or other part of the proceedings, the same may be corrected by the court on petition of the creditor or purchaser or his assigns, and on citation to the executor or administrator.
Codes, 1892, § 1897; 1906, § 2072; Hemingway's 1917, § 1739; 1930, § 1696; 1942, § 593.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-203 - Bond to pay debts may be given and decree for sale not made

A decree for the sale or lease of land shall not be made if any person interested will give bond, describing therein the land sought to be sold, payable to the executor or administrator in a sum to be fixed and with sureties approved by the court, conditioned to pay all the debts duly registered against the estate and the expenses of the administration, so far as the personal estate of the deceased shall be insufficient to pay the same. Such bond shall be filed among the papers of administration and entered on the minutes of the court, and shall have the force and effect of a judgment, upon which execution and other necessary process may be issued in the name of the executor or administrator, after the expiration of six months from the date it shall have been given, against the obligors therein from time to time, until such debts and expenses of administration be paid or the penalty of the bond exhausted. The same may be levied on the lands described in the bond, and the entire interest of the deceased therein may be sold as if the court had decreed the sale in the first instance; and the property of the sureties on said bond may be sold for whatever the land may be insufficient to pay. Instead of enforcing said bond, the executor or administrator or any creditor may petition anew for the sale of the land, as if such bond had not been given; and after the sale under such proceedings, the bond may be enforced, in the manner provided, for whatever the land may be insufficient to pay, and no other bond shall be allowed to prevent a decree for a sale or lease of the land.
Codes, 1892, § 1898; 1906, § 2073; Hemingway's 1917, § 1740; 1930, § 1697; 1942, § 594.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-205 - Bond required in decree for sale of lands; waiver of bond

(1)
Except as otherwise provided in subsection (2) of this section, whenever an executor or administrator sells land pursuant to a decree of the court or chancellor in vacation, said executor or administrator shall execute bond with sufficient sureties in an amount equal to the proceeds of the sale of the land. Said bond shall be executed any time before confirmation of sale, either by the court or chancellor in vacation, and may be approved by the court, chancellor in vacation, or the clerk of the chancery court. Such bond shall be payable to the state and shall be conditioned for the faithful application of the proceeds of the sale. When, however, decree ordering the sale of land shall fix an amount or estimated amount to be paid in cash before confirmation, the executor or administrator shall, before sale, execute bond with sufficient sureties to cover such amount or estimated amount to be paid in cash, conditioned for the faithful application of the same which bond may be approved by the court, the chancellor in vacation, or the clerk of the chancery court.
After the expiration of the time in which all claims against the estate of deceased persons must be registered, probated and allowed as provided in Section
91-7-151
, Mississippi Code of 1972, the chancellor may waive all or any part of the bond when all the beneficiaries to the proceeds of the sale petition the court to authorize the sale and waive the necessity of a bond.
(2)
At the discretion of the court or chancellor, all or any part of the bond described in subsection (1) of this section may be waived but, in such case, the chancellor shall make adequate and sufficient provision for the maintenance and safety of the assets of the estate. Upon waiver of such bond, the court or chancellor may require the proceeds from the sale of land to be held in trust by an executor, administrator or other qualified person and may require such proceeds to be maintained as otherwise ordered by the court in such manner as the court may direct, consistent with the provisions of this subsection.
Codes, 1880, § 2045; 1892, § 1905; 1906, § 2080; Hemingway's 1917, § 1747; 1930, § 1698; 1942, § 595; Laws, 1914, ch. 210; Laws, 1975, ch. 405, eff. 3/24/1975.
Amended by Laws, 2015, ch. 324, HB 700, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-207 - Failure to give bond

If an executor or administrator who has been ordered to sell land of a decedent fail to give the bond required, the court may, after five days' notice to the executor or administrator, direct a master or special commissioner to make the sale, who shall give bond with sureties, as the executor or administrator was required to do, and make sale and report it and, after a confirmation of the sale, convey the land as the executor or administrator might have done under the decree. The master or commissioner shall be allowed by the court such commissions as would accrue from the sale to the executor or administrator, or such compensation as the court may order.
Codes, 1880, § 2046; 1892, § 1906; 1906, § 2081; Hemingway's 1917, § 1748; 1930, § 1699; 1942, § 596.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-209 - Purchase-money a charge on property

Where the property of a decedent shall be sold by order of the court in which the estate is being administered, and the price paid at such sale for the property has been applied to the payment of debts for which the property might lawfully have been sold, or has been distributed to the heirs, legatees, or distributees, or to the guardians of such as have guardians, the property, if such sale were illegal, shall be charged in favor of the purchaser and his assigns with a lien for the purchase-money paid for it at such sale, and interest thereon. Such lien may be enforced in chancery or may be availed of in defense of any action for the land, in the same manner in which a claim for valuable improvements may be allowed in equity. In case of personal property, the possessor having such lien shall be entitled to retain possession until his claim be paid or tendered, unless the party having the title shall resort to the chancery court to adjust the rights of the parties and to sell said property.
Codes, 1880, § 2052; 1892, § 1907; 1906, § 2082; Hemingway's 1917, § 1749; 1930, § 1700; 1942, § 597.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-211 - Estoppel from receipt of purchase-money

Nothing in Section
91-7-209
shall hinder the application of the doctrine of estoppel to assert title to adult heirs who received a share of the purchase-money of land as heretofore announced and applied in this state. The same rule may be applied to minors, persons of unsound mind, convicts of felony, and other wards whose guardians received for them a share of the purchase-money, whether it were actually applied to the benefit of or received by such person under disability or not.
Codes, 1880, § 2053; 1892, § 1908; 1906, § 2083; Hemingway's 1917, § 1750; 1930, § 1701; 1942, § 598.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-213 - Borrowing money to pay claims

When an executor or administrator shall discover that the personal property will not be sufficient to pay the debts of the decedent and the expenses of the administration of the estate, he may file a petition in the chancery court in which the estate is being administered, for the purpose of borrowing money to be secured by a deed of trust, mortgage, or other encumbrance on the lands of the decedent, except the exempt property or homestead which shall not be so encumbered save to pay an indebtedness which constitutes a lien on such exempt property or homestead, and then not without the consent of the exemptionist. The money, when so borrowed, shall be used to pay said claims and expenses.
Codes, 1930, § 1702; 1942, § 599; Laws, 1930, ch. 14.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-215 - Procedure for borrowing

With such petition the executor or administrator shall file and exhibit to the court a true account of the personal estate, debts due from the deceased, the expenses, and a description of the land to be used as security for the money so borrowed. The court, after service of summons or proof of publication of summons, shall hear and examine the allegations and evidence in support of the petition and the objections to and the evidence against it, if any. If on the hearing, the court be satisfied that the personal estate is insufficient to pay the debts of the deceased and said expenses, and that the land ought to be encumbered for such purposes, it may make a decree for the encumbrance of a part or the whole of the land; and when a part only is decreed to be so encumbered, the decree shall specify what part.
Codes, 1930, § 1703; 1942, § 600; Laws, 1930, ch. 14.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-217 - Overplus and contribution

In the event the land so encumbered should be thereafter sold by foreclosure or otherwise to satisfy the said debt, interest, attorney's fee, trustee's fees, or expenses of such sale, and there shall exist an overplus of money above the debt, interest, attorney's fees, trustee's fees, and expenses of such sale, the overplus shall be distributed among the heirs according to the law of descent, or among the devisees according to the will. The heir or devisee whose land shall be sold may compel all others holding or claiming under such intestate or testator to contribute in proportion to their respective interests, so as to equalize the burden of loss.
Codes, 1930, § 1704; 1942, § 601; Laws, 1930, ch. 14.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-219 - Procedure in vacation

Such decree may be rendered by the presiding chancellor of the court in vacation at any time or place within his district, provided summons has been served on the heirs of the decedent, or devisees under the will of the testator, in the manner provided by law for the service of summons on defendants in chancery for at least ten days before the hearing. In such summons, the time and place of the hearing and the purpose of the proceeding shall be definitely stated; and should the summons be published, such publication shall be completed at least ten days before the hearing.
Codes, 1940, § 1705; 1942, § 602; 1930, ch. 14.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-221 - Executor or administrator to make title to land

If any person sell lands, enter into contract to make title, and die before the title be made, then the person to whom the title was to be made, his heirs or assigns, may petition the court which granted the letters on the estate of the vendor, for an order on the executor or administrator to make title agreeably to the contract. After the parties interested have been cited by summons or by publication, the court shall hear the petition and evidence, and may decree that the executor or administrator make title according to the contract.
Codes, Hutchinson's 1848, ch. 49, art. 1 (114); 1857, ch. 60, art. 137; 1871, § 1195; 1880, § 2092; 1892, § 1902; 1906, § 2077; Hemingway's 1917, § 1744; 1930, § 1706; 1942, § 603.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-223 - Executors and administrators may make deeds of conveyance

The administrator, executor, or testamentary trustee may at any time, by and with the consent of the chancery court or the chancellor in vacation, when the chancellor deems it to the best interests of the estate, execute a deed of conveyance conveying any real property formerly owned by the decedent, where said decedent during his lifetime had executed any bond for title, optional contract, or other instrument conferring upon any party the right to purchase and secure title to said real property, where the execution of such conveyance is necessary in order to carry out the terms, provisions, or stipulation of the said bond for title, optional contract, or other instrument.
Codes, Hemingway's 1917, § 1733; 1930, § 1707; 1942, § 604; Laws, 1912, ch. 143.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-225 - Lands may be leased to pay debts

In case it shall be made to appear to the court that a lease of the lands of the deceased can be made to raise the money necessary for the payment of the debts of the deceased, and that the leasing thereof will be to the interest of the devisees, legatees, heirs, or distributees, the court may, in its discretion, decree the same to be leased. If a lease of the lands, or any part thereof, be decreed, the executor or administrator shall, upon giving the notice as in like case of sale, lease the same at public outcry or privately, as directed by the decree, to the person who will take the lands for the fewest number of years, not exceeding fifteen, and pay, either in cash or at such time as shall be fixed by the decree, the specific sum to be stated therein, equal to the amount of the debts of the deceased to be paid and the expenses of administration. If the lease be on credit, the lessee shall give security for the payment of the sum, to be approved by the executor or administrator.
Codes, 1892, § 1896; 1906, § 2071; Hemingway's 1917, § 1738; 1930, § 1708; 1942, § 605.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-227 - Executors and administrators to renew obligation and encumbrances of estate

The chancery court or the chancellor in vacation, when he deems it to the best interest of the estate, may authorize the administrator, executor, or testamentary trustee to renew for a specified time any obligation of the deceased and, if such obligation be secured by encumbrance on any property, to renew such encumbrance upon such property. If it be shown to the interest of the estate, such chancery court or chancellor in vacation may direct said administrator, executor, or testamentary trustee to obtain money to pay off said obligation or encumbrance and to execute a new obligation or encumbrance to secure said money; and such obligation or encumbrance extended, renewed, or made shall be a valid charge on the estate or the property included in said encumbrance. Such encumbrance, whether renewed, extended, or made, shall not include any other property not embraced in the pre-existing encumbrance.
Codes, Hemingway's 1917, § 1732; 1930, § 1709; 1942, § 606; Laws, 1912, ch. 143.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-229 - Claims may be sold or compromised

The court or chancellor in vacation, on petition for that purpose, may authorize the executor or administrator to sell or compromise any claim belonging to the estate which cannot be readily collected; but an order authorizing a sale of any claim shall not be made until after six months from the grant of the letters. The court or chancellor shall specify the terms, conditions, and notice of such sale. In compromising any claim, the executor or administrator may receive property, real or personal, in his name as such, and he shall account for the same as assets of the estate. The executor or administrator shall report, in writing, all sales and compromises to the next term of the court.
Codes, Hutchinson's 1848, ch. 49, art. 20 (6); 1857, ch. 60, art. 95; 1871, § 1155; 1880, § 2065; 1892, § 1890; 1906, § 2065; Hemingway's 1917, § 1730; 1930, § 1710; 1942, § 607; Laws, 1936, ch. 238.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 7 - EXECUTORS AND ADMINISTRATORS (§§ 91-7-1 — 91-7-523) › Division - GENERAL PROVISIONS (§§ 91-7-1 — 91-7-331) › Section 91-7-231 - Actions which accrue in administration

An executor, administrator, or temporary administrator may maintain any action or suit which shall accrue to him in the due course of administration, on any contract which he is authorized to make as such, or for the recovery of personal property, or for injuries thereto.
Codes, 1857, ch. 60, art. 119; 1871, § 1176; 1880, § 2081; 1892, § 1920; 1906, § 2095; Hemingway's 1917, § 1762; 1930, § 1711; 1942, § 608.