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 91-7-51 - Effect of receipt for money by executor or trustee

The receipt by an executor or any trustee, whether under a will or other instrument, for any money payable to him in the execution of his trust shall discharge the person paying it from any liability to see to the application of the money, unless otherwise expressly provided in the instrument which creates the trust.
Codes, 1880, § 1985; 1892, § 1839; 1906, § 2014; Hemingway's 1917, § 1679; 1930, § 1623; 1942, § 519.
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 91-7-53 - Temporary administrator

Whenever it shall be necessary for the care and preservation of the estate of a decedent before the grant of letters testamentary, or of administration, to the person entitled thereto, the chancery court or chancellor in vacation, or the clerk of such court, on the petition of any creditor or other interested person, shall appoint a suitable person to be known as "temporary administrator." The person named as executor or the person apparently entitled to letters of administration may be appointed temporary administrator, unless the court shall find that the circumstances require the appointment of a different person.
Whenever an appeal shall be taken from the grant of letters testamentary, or of administration, or whenever a last will and testament shall be contested, the chancery court or chancellor in vacation, on petition of any interested person, may appoint a temporary administrator if it shall appear necessary for the protection of the rights of the parties, and may make such appointment on such terms and impose such conditions as may seem proper.
The powers of such temporary administrator may be special or general, as the court may find proper, and he may be authorized to take charge of, preserve, and administer the estate until the appeal or contest shall be determined. Letters may be issued to him in ordinary form, except that he shall be therein designated as temporary administrator, and any terms or conditions imposed shall be stated therein; and the letters shall state that he is to act only until another appointment shall be made, either temporary or permanent.
Codes, Hutchinson's 1848, ch. 49, art. 1 (13); 1857, ch. 60, art. 30; 1871, § 1194; 1880, § 1986; 1892, § 1840; 1906, § 2015; Hemingway's 1917, § 1680; 1930, § 1624; 1942, § 520; Laws, 1900, ch. 94; Laws, 1948, ch. 228, § 1.
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 91-7-55 - Estate to be appraised

Before the temporary administrator shall act as such, he shall take and subscribe an oath at or prior to the time of his appointment to faithfully discharge the duties required of him by law as such temporary administrator, and shall give bond, payable to the state, in such penalty and with such sureties as may be approved by the court or clerk, conditioned for the faithful discharge of the duties required of him as such temporary administrator by law or by order of the court or clerk. Thereupon, the estate shall be appraised as now provided by law upon the grant of letters testamentary or of administration, unless the same shall be dispensed with by the court or clerk. The temporary administrator shall make and return to the court a complete inventory of the estate, as is required by law to be made by executors in general or regular administrators, and, as soon as practicable, shall publish the notice provided by law to be published by executors and administrators, requiring creditors to have their claims against the estate probated and registered. All the provisions of the law governing such notice, the proof and registering of claims, and the bar of such as are not proved and registered shall apply when the notice is published by the temporary administrator, as when published by an executor or a general or regular administrator. When the temporary administrator shall have published such notice, no further notice to creditors to have their claims probated and registered shall be given or published upon any subsequent grant of letters testamentary or of administration; and where the estate has been appraised upon the appointment of a temporary administrator, no other appraisement shall be made upon the grant of letters testamentary or of the administration thereafter, unless the court or clerk shall deem the appraisement necessary or advisable.
Codes, Hutchinson's 1848, ch. 49, art. 1 (37); 1857, ch. 60, art. 56; 1871, § 1112; 1880, § 1987; 1892, § 1841; 1906, § 2016; Hemingway's 1917, § 1681; 1930, § 1625; 1942, § 521; Laws, 2001, ch. 422, § 2, eff. 7/1/2001.
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 91-7-57 - Powers of temporary administrator

The temporary administrator shall have power, and it shall be his duty, to collect the goods, chattels, personal property and debts of the decedent and to give acquittances for debts and liabilities upon payment. He may sue and be sued in all cases in which a general or regular administrator may sue or be sued; and suits brought by or against him shall not abate by the termination of his authority, but may be prosecuted by or against the executor or administrator thereafter appointed, and judgments recovered by or against him may be enforced by or against the executor or regular administrator thereafter appointed. The court, or chancellor in vacation, may at any time authorize the temporary administrator to sell such of the estate as may be perishable, likely to deteriorate in value, or be expensive to keep, and to dispose of any crops for cash, and to account for such property sold or disposed of. The court or chancellor, in ordering the sale of such property, shall take into consideration any disposition thereof by last will and testament, in case there be such, and shall order the sale of such property or not, as may be best for the parties in interest. After ninety (90) days from the time the temporary administrator was appointed and the time for probating claims has expired, the court or chancellor in vacation may order the temporary administrator to pay the claims of creditors and to hold the balance of the estate to await the ultimate probate or defeat of such last will and testament. In case the court, or chancellor in vacation, shall order the temporary administrator to pay creditors and make distribution, or to do either, he shall have all the powers and rights for the purpose over the estate, real and personal, that are conferred by law upon general or regular administrators; and all laws governing the acts and duties of a general or regular administrator shall then apply to and govern the temporary administrator.
Codes, Hutchinson's 1848, ch. 49, art. 1 (37); 1857, ch. 60, art. 57; 1871, § 1113; 1880, § 1988; 1892, § 1842; 1906, § 2017; Hemingway's 1917, § 1682; 1930, § 1626; 1942, § 522; Laws, 1936, ch. 240; Laws, 1975, ch. 373, § 2, 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 91-7-59 - Compensation of temporary administrator

On the grant of letters testamentary or of administration, the powers of a temporary administrator shall cease, and it shall be his duty at once to settle his accounts with the court or chancellor in vacation and to deliver all the estate that may be in his hands to the person to whom letters testamentary or of administration shall have been granted. In case of refusal, the court or chancellor may proceed against him by attachment and impose a fine, as for a contempt, not exceeding twenty percent (20%) upon the amount of the estate in his hands; and his bond may be put in suit by the executor or administrator. The temporary administrator shall, at the same time, furnish the executor or administrator with a list of all judgments or suits to which he is a party. The court, or chancellor in vacation, may allow the temporary administrator such compensation as may be just, not exceeding five percent (5%) on the amount of the estate inventoried by him.
Codes, Hutchinson's 1848, ch. 49, art. 1 (40); 1857, ch. 60, art. 58; 1871, §§ 1114, 1115; 1880, §§ 1989, 1990; 1892, § 1843; 1906, § 2018; Hemingway's 1917, § 1683; 1930, § 1627; 1942, § 523.
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 91-7-61 - Administrator to institute suits

If necessary, an administrator may be appointed to institute and conduct suits, whose power shall cease when the litigation is entirely closed and who shall only account for the proceeds of the suit.
Codes, 1880, § 1992; 1892, § 1845; 1906, § 2019; Hemingway's 1917, § 1684; 1930, § 1628; 1942, § 524.
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 91-7-63 - Grant of administration

(1)
Letters of administration shall be granted by the chancery court of the county in which the intestate had, at the time of his death, a fixed place of residence. If the intestate did not have a fixed place of residence, then by the chancery court of the county where the intestate owned land. If the intestate did not have a fixed place of residence and did not own land, then by the chancery court of the county where the intestate died. The court shall grant letters of administration to the relative who may apply, preferring first the husband or wife and then such others as may be next entitled to distribution if not disqualified, selecting amongst those who may stand in equal right the person or persons best calculated to manage the estate; or the court may select a stranger, a trust company organized under the laws of this state, or of a national bank doing business in this state, if the kindred be incompetent. If such person does not apply for administration within thirty (30) days from the death of an intestate, the court may grant administration to a creditor or to any other suitable person.
(2)
In addition to the rights and duties of the administrator contained in this chapter, he shall also have those rights, powers and remedies as set forth in Section
91-9-9
.
Codes, Hutchinson's 1848, ch. 49, art. 1 (54); 1857, ch. 60, art. 61; 1871, §§ 1088, 1089; 1880, § 1993; 1892, § 1850; 1906, § 2024; Hemingway's 1917, § 1689; 1930, § 1629; 1942, § 525; Laws, 1928, ch. 83; Laws, 1994, ch. 589, § 4; Laws, 1999, ch. 374, § 2; Laws, 2002, ch. 612, § 2; Laws, 2008, ch. 452, § 2, eff. 4/8/2008.
Amended by Laws, 2022, ch. 420, SB 2034,§ 1, eff. 7/1/2022.
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 91-7-65 - Persons disqualified to administer

Letters of administration shall not be granted to a person under the age of eighteen (18) years, of unsound mind, or convicted of any felony.
Codes, Hutchinson's 1848, ch. 49, art. 1 (60); 1857, ch. 60, art. 62; 1871, § 1090; 1880, § 1994; 1892, § 1851; 1906, § 2025; Hemingway's 1917, § 1690; 1930, § 1630; 1942, § 526; Laws, 1976, ch. 375, eff. 7/1/1976.
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 91-7-67 - Oath and bond of administrator

The person to whom administration is granted, at or prior to the granting thereof, shall take and prescribe the following oath:
"I do swear that ____________________, deceased, died without any will, as far as I know or believe, and that I, if and when appointed, will well and truly administer all the goods, chattels, and credits of the deceased, and pay his debts as far as his goods, chattels, and credits will extend and the law requires me, and that I will make a true and perfect inventory of the said goods, chattels, and credits, and a just account, when thereto required. So help me God."
He shall give bond in a penalty equal to the value of all the personal estate, with such sureties as may be approved by the court or clerk, payable to the state, with condition in form or to the effect following, to wit:
"The condition of this bond is, that if the above bound ____________________, as administrator of the goods, chattels, rights, and credits of ____________________, deceased, shall faithfully discharge all the duties required of him by law, then this obligation shall be void."
The chancellor, in termtime or in vacation, may waive or reduce the bond if the administrator is the decedent's sole heir or if all the heirs are competent and present their sworn petition to waive or reduce such bond.
Codes, Hutchinson's 1848, ch. 49, art. 1 (56); 1857, ch. 60, art. 63; 1871, § 1118; 1880, § 1995; 1892, § 1852; 1906, § 2026; Hemingway's 1917, § 1691; 1930, § 1631; 1942, § 527; Laws, 1975, ch. 462; Laws, 2001, ch. 422, § 3, eff. 7/1/2001.
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 91-7-68 - Administrator of estate of intestate under legal disability

Upon the death intestate of any person under legal disability for whom a guardian, conservator or other fiduciary has been appointed by a court of competent jurisdiction and is serving, the judge or clerk of such court, upon proof of death of such person, may issue letters of administration to the already acting fiduciary, unless some relative or other person entitled to administer the estate shall within thirty days after the death of such person apply to the court for such administration. Upon the issuance of letters of administration to the already acting fiduciary, such fiduciary shall thereupon publish notice to creditors and administer the decedent's estate in the manner required by law. Such fiduciary's bond shall continue in force and he shall make only one (1) final account, unless the court, on the motion of any interested party or its own motion, shall require additional bond or accounting.
Codes, 1942, § 525.5; Laws, 1972, ch. 386, § 1, eff. 4/26/1972.
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 91-7-69 - Administration de bonis non

If an executor or administrator die, resign, be removed, or become incompetent, letters of administration de bonis non with the will annexed, or de bonis non, shall be granted to the person entitled, and he shall proceed in the administration of the estate. The letters, bond, and oath shall be in the common form, substituting proper words to show the character of the administration. The executor of an executor shall not be entitled, in right of his office, to administration de bonis non of the first estate; but such executor, or the administrator of an executor, or the executor or administrator of an administrator shall settle the accounts of his testator or intestate in the administration of the first estate, and for that purpose shall be amenable to the jurisdiction of the court.
Codes, Hutchinson's 1848, ch. 49, art. 1 (59); 1857, ch. 60, art. 65; 1871, § 1120; 1880, § 1997; 1892, § 1856; 1906, § 2031; Hemingway's 1917, § 1696; 1930, § 1632; 1942, § 528.
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 91-7-71 - Rights of administrator de bonis non

Every administrator de bonis non shall be entitled to all choses in action taken or held by any former executor or administrator, and may institute suit therefor and, if necessary, enjoin the former executor or administrator from collecting the same. He may sue on the bond of any former executor or administrator of the estate, where the estate is insolvent or where suit and recovery may be necessary for the payment of the debts of the estate, for any money due by the former executor or administrator and which should have been accounted for and paid over by him. Where it shall be necessary for the payment of debts of the estate, an administrator de bonis non may except to the final account of a former executor or administrator, or surcharge and falsify an annual or partial settlement of such former executor or administrator, or file and maintain a bill to review any order or decree of the court allowing the account of such executor or administrator, in the same manner that distributees or legatees may do. The court or chancellor may require of an administrator de bonis non an additional bond to cover the money sought to be recovered by any such proceedings.
Codes, 1857, ch. 60, art. 135; 1871, § 1193; 1880, § 1998; 1892, § 1857; 1906, § 2032; Hemingway's 1917, § 1697; 1930, § 1633; 1942, § 529.
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 91-7-73 - County administrator

It shall be the duty of the chancellor to appoint for each county of his district an officer to be styled "county administrator," to hold his office four years, and whose appointment shall be entered on the minutes of the court.
Codes, 1871, § 1091; 1880, § 1999; 1892, § 1846; 1906, § 2020; Hemingway's 1917, § 1685; 1930, § 1634; 1942, § 530.
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 91-7-75 - Bond and oath of county administrator

Before a county administrator shall perform any of the duties or functions of the office, and before any letters shall be granted to him, he shall execute and file in the office of the clerk of the chancery court a bond with two (2) or more sufficient sureties, to be approved by the chancellor in termtime or vacation, in a penalty of Five Thousand Dollars ($5,000.00) payable to the state, conditioned that he will discharge all the duties of the office of county administrator, which bond may be sued on at the instance of any person interested. He shall also take an oath at or prior to the granting of letters of administration, to be filed in the clerk's office, to administer according to law every estate which may be committed to his charge, and that he will account for and pay over all monies in his hands by virtue of his office when thereto required by order of the court.
Codes, 1871, § 1093; 1880, § 2001; 1892, § 1847; 1906, § 2021; Hemingway's 1917, § 1686; 1930, § 1635; 1942, § 531; Laws, 2001, ch. 422, § 4, eff. 7/1/2001.
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 91-7-77 - Additional bond may be required

Whenever it shall appear that the penalty of the bond of the county administrator, as fixed, is not sufficient in amount to secure a faithful discharge of the duties of the office, it shall be the duty of the court or the chancellor, or the clerk in vacation, after five days' notice given, to require him to give an additional bond in such penalty as the chancellor or clerk may deem sufficient to secure the rights of all parties interested; and on noncompliance, he may be removed from office.
Codes, 1871, § 1095; 1880, § 2002; 1892, § 1848; 1906, § 2022; Hemingway's 1917, § 1687; 1930, § 1636; 1942, § 532.
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 91-7-79 - Letters granted to county administrator

When it shall appear that any person has died, in this state or out of it, and has left real or personal property in this state, and some person has not applied for letters testamentary or of administration, the administration of the estate, after the expiration of sixty days from the death of such person, shall be committed to the county administrator, to whom letters of administration, administrator de bonis non, administration with the will annexed, or as the case may require, shall be granted. He shall administer the estate, as in other cases, under the direction of the court, with the same rights and liabilities as executors and other administrators. The county administrator shall not be bound to incur or be liable for costs, except such as the estate in his hands, in excess of his commissions shall be sufficient to pay. On the final settlement of the estate, he shall be allowed by the court, as his commissions, a sum not to exceed ten percent (10%) on the whole estate administered. The county administrator may also be appointed temporary administrator pending an appeal from the grant of letters testamentary or of administration, and administrator to institute suit in proper cases. He shall be liable in all cases on his official bond for his acts, and another bond need not be executed by him in any case unless, his official bond being insufficient, the court shall require an additional bond, or where he may be required to give bond to account for the proceeds of a sale of land.
Codes, 1871, § 1092; 1880, §§ 2004, 2005; 1892, § 1858; 1906, § 2033; Hemingway's 1917, § 1698; 1930, § 1637; 1942, § 533.
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 91-7-81 - Accounts to be filed when office vacated

Should the county administrator resign his office or otherwise vacate it, he shall forthwith file an account of his administration in each case. Should such officer die, settlements of all estates committed to him shall be made by his executor or administrator.
Codes, 1871, § 1094; 1880, § 2006; 1892, § 1849; 1906, § 2023; Hemingway's 1917, § 1688; 1930, § 1638; 1942, § 534.
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 91-7-83 - Sheriff administrator in certain cases

If it appears that any person has died, in this state or out of it, and has left property, and some person will not qualify as executor or administrator, the court, or clerk in vacation, shall appoint the sheriff to be administrator, who shall administer the estate. The sheriff shall not be bound to incur any cost except out of the estate, and he shall be allowed not more than ten percent (10%) on the amount thereof. Any sheriff who may be appointed administrator shall make settlement of his administration, if he hath not done so before, at the termination of his office and deliver whatever property he may have of the estate at the time to his successor in office, or to such other person as may be appointed administrator. His official bond as sheriff shall be security for his faithful administration of such estate, and he shall not be required to execute any other bond, except to account for the proceeds of a sale of land.
Codes, Hutchinson's 1848, ch. 49, art. 19 (1); 1857, ch. 60, art. 68; 1871, § 1092; 1880, § 2007; 1892, § 1859; 1906, § 2034; Hemingway's 1917, § 1699; 1930, § 1639; 1942, § 535.
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 91-7-85 - Removal and surrender of trust

Every executor or administrator may be removed if he become disqualified, or for improper conduct in office, at the instance of any person interested, on five days' notice to such executor or administrator; or may surrender the trust, and thereupon shall give the proper notice to the distributees or legatees and settle with the court. In case of removal or resignation, administration shall be granted as in case of the death of the executor or administrator, and with like effect. An executor or administrator who may be removed, or who may surrender his trust, shall continue to be answerable to the court until his final settlement and satisfaction be made, and until that time shall be liable on his bond.
Codes, 1857, ch. 60, art. 67; 1871, § 1122; 1880, § 2008; 1892, § 1860; 1906, § 2035; Hemingway's 1917, § 1700; 1930, § 1640; 1942, § 536.
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 91-7-87 - Administration revoked by proof of will and grant of letters testamentary

If a will shall be found and probated and letters testamentary be granted thereon, the same shall be a revocation of the administration; but acts lawfully done by the administrator without actual notice of such revocation shall be valid and binding.
Codes, Hutchinson's 1848, ch. 49, art. 1 (55); 1857, ch. 60, art. 64; 1871, § 1119; 1880, § 1996; 1892, § 1853; 1906, § 2027; Hemingway's 1917, § 1692; 1930, § 1641; 1942, § 537.
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 91-7-89 - Letters of certain nonresidents revoked

If letters testamentary or of administration be granted to any person not a resident of the state, or if any executor or administrator after his appointment remove out of the state, and if such executor or administrator refuse or neglect to settle his accounts annually or neglect the due administration thereof in any other respect, the court, after publication made and proof thereof as in other cases, or personal notice, may revoke the letters of such executor or administrator and proceed to grant administration de bonis non as if such executor or administrator had died or resigned.
Codes, Hutchinson's 1848, ch. 49, art. 21 (7); 1857, ch. 60, art. 130; 1871, § 1188; 1880, § 2009; 1892, § 1861; 1906, § 2036; Hemingway's 1917, § 1701; 1930, § 1642; 1942, § 538.
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 91-7-90 - Order of abatement for shares of distributees of deceased's property

(1)
Except as provided in subsection (2) and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:
(a)
property not disposed of by the will;
(b)
residuary bequests and devises;
(c)
general bequests and devises;
(d)
specific bequests and devises. For purposes of abatement, a general bequest or devise charged on any specific property or fund is a specific bequest or devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general bequest or devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received, if full distribution of the property had been made in accordance with the terms of the will.
(2)
If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (1), the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.
(3)
If the subject of a preferred bequest or devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
Added by Laws, 2019, ch. 458, HB 1375,§ 11, 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 91-7-91 - Assets defined; unsecured creditors to give notice

The real property, goods, chattels, personal property, choses in action and money of the deceased, or which may have accrued to his estate after his death from the sale of property, real, personal or otherwise, and the rent of lands accruing during the year of his death, whether he died testate or intestate, shall be assets and shall stand chargeable with all the just debts, funeral expenses of the deceased, and the expenses of settling the estate, without any preference or priority as between real and personal property, and shall abate in the manner set out in Section
91-7-90
. However, in cases where no administration has been or shall be commenced on the estate of the decedent within three (3) years after his death, no creditor of the decedent shall be entitled to a lien or any claim whatsoever on any real property of the decedent, or the proceeds therefrom, against purchasers or encumbrancers for value of the heirs of the decedent unless such creditor shall, within three (3) years and ninety (90) days from the date of the death of the decedent, file on the lis pendens docket in the office of the clerk of the chancery court of the county in which the land is located notice of his claim, containing the name of the decedent, a brief statement of the nature, amount and maturity date of his claim and a description of the real property sought to be charged with the claim. The provisions of this section requiring the filing of notice shall not apply to any secured creditor having a recorded lien on the property.
Codes, 1857, ch. 60, art. 80; 1871, § 1134; 1880, § 2025; 1892, § 1881; 1906, § 2056; Hemingway's 1917, § 1721; 1930, § 1643; 1942, § 539; Laws, 1938, ch. 262; Laws, 1975, ch. 373, § 3, eff. 1/1/1976.
Amended by Laws, 2019, ch. 458, HB 1375,§ 12, 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 91-7-93 - Inventory of money and property owned by decedent at time of death

The executor or administrator shall, within ninety (90) days of the grant of his letters unless further time be allowed by the court or clerk, file an inventory, verified by oath, of the money and property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item.
There shall be no requirement for filing an inventory if the requirement of filing an inventory is waived in the testator's will. The court or the chancellor may also waive the requirement for filing an inventory in an intestate estate upon petition to the court by the administrator. Even though the requirement of filing an inventory is waived in the testator's will or waived by the court or the chancellor upon petition to the court by the administrator in an intestate estate, the court or the chancellor may later order the executor or administrator to file an inventory upon the petition of a beneficiary or other interested party if the court or the chancellor determines that the filing of inventory is necessary or advisable.
Codes, Hutchinson's 1848, ch. 49, art. 1 (78); 1857, ch. 60, art. 73; 1871, § 1127; 1880, § 2018; 1892, § 1864; 1906, § 2039; Hemingway's 1917, § 1704; 1930, § 1644; 1942, § 540.
Amended by Laws, 2019, ch. 458, HB 1375,§ 1, 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 91-7-95 - Supplementary inventory or appraisement

If any property not included in the original inventory comes to the knowledge of the executor or administrator, or if the executor or administrator learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed, or furnish copies thereof or information thereof to persons interested in the new information.
Codes, Hutchinson's 1848, ch. 49, art. 1 (79); 1857, ch. 60, art. 75; 1871, § 1129; 1880, § 2020; 1892, § 1866; 1906, § 2041; Hemingway's 1917, § 1706; 1930, § 1645; 1942, § 541.
Amended by Laws, 2019, ch. 458, HB 1375,§ 2, 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 91-7-97 - Adoption of collector's inventory or new inventory

In case an inventory be returned by a temporary administrator, the executor or administrator who may succeed to the administration shall, within ninety days after the grant of his letters, either return a new inventory in place of the collector's inventory or file a written acknowledgment of the receipt of the articles contained in the first inventory and consent to be answerable for the same.
Codes, Hutchinson's 1848, ch. 49, art. 1 (80); 1857, ch. 60, art. 76; 1871, § 1130; 1880, § 2021; 1892, § 1867; 1906, § 2042; Hemingway's 1917, § 1707; 1930, § 1646; 1942, § 542.
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 91-7-99 - All to join in returning inventory

If there be more than one executor, administrator, or temporary administrator, they shall all join in returning the inventories. If one or more refuse to do so, the others may return them, and the power and authority of the person so refusing shall thereafter cease. Those who return the inventory shall proceed in the administration, unless the delinquent, within sixty days, assign a reasonable excuse which the court may deem satisfactory.
Codes, Hutchinson's 1848, ch. 49, art. 1 (86); 1857, ch. 60, art. 78; 1871, § 1132; 1880, § 2022; 1892, § 1869; 1906, § 2044; Hemingway's 1917, § 1709; 1930, § 1647; 1942, § 543.
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 91-7-101 - Debt from executor or administrator inventoried

The naming of an executor in a will shall not operate to extinguish any claim which the deceased had against him, but it shall be the duty of every such executor accepting the trust to give in such claim in the list of debts. On his failure to give in such claim or any part thereof, any person interested in the estate may allege the facts by petition to the court, and the court shall decide on the validity of the claim, if it be denied. When the claim is established, the executor shall account for it as a debtor to the estate, and not otherwise; and in the same way and subject to all the foregoing provisions, an administrator shall give in a claim against himself.
Codes, Hutchinson's 1848, ch. 49; art. 1 (88); 1857, ch. 60, art. 74; 1871, § 1128; 1880, § 2019; 1892, § 1865; 1906, § 2040; Hemingway's 1917, § 1705; 1930, § 1648; 1942, § 544.
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 91-7-103 - Summary proceeding for discovery of assets

If the goods, chattels, and effects are improperly withheld from the executor or administrator, then he shall not be answerable for a failure to return the inventories herein required until the goods, chattels, and effects, or some part thereof, have been received. If the executor or administrator shall have cause to believe that any of the assets of the estate are concealed or have been or are wrongfully withheld from him, or that any person has in his possession or under his control any records, books, or documents containing evidence concerning such assets and the ownership thereof, or has knowledge or information thereof otherwise, then it shall be the duty of such executor or administrator to forthwith proceed by a summary petition before the court or chancellor against all persons suspected of having concealed or wrongfully withheld such assets, as well as all persons having books, records, documents, or information relating thereto, for a discovery of the assets of the estate and all adverse claim thereto, if any. All persons made parties to such petition may be compelled by attachment for contempt to discover under oath by answer filed or testimony given, either or both at such time and place as the court or chancellor may direct, all the facts known to them concerning the assets of the estate and of all adverse claims thereto, if any. If on the hearing it shall appear that any person has property or assets of the estate to which there is no adverse claim, the court or chancellor may direct it to be delivered to the executor or administrator, who shall forthwith account therefor in his inventory. No decree shall be rendered in such proceeding concerning any adverse claim set up by any person to any of the assets. The costs of such proceeding shall be borne by the estate.
Codes, Hutchinson's 1848, ch. 49, art. 1 (80); 1857, ch. 60, art. 76; 1871, § 1130; 1880, § 2021; 1892, § 1868; 1906, § 2043; Hemingway's 1917, § 1708; 1930, § 1649; 1942, § 545; Laws, 1936, ch. 241.
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 91-7-105 - Failure to return inventory

If any executor, administrator, or temporary administrator fail to return proper inventories within the time prescribed by law or by order of the court, a summons returnable in not less than five days may, on application of any person interested, be issued for such executor, administrator, or collector to show cause why such inventory hath not been returned. If the summons be returned executed and such party do not appear or, appearing, fail to show good cause, the court, or clerk in vacation, shall revoke the letters and grant administration anew.
Codes, Hutchinson's 1848, ch. 49, art. 1 (85); 1857, ch. 60, art. 77; 1871, § 1131; 1880, § 2023; 1892, § 1870; 1906, § 2045; Hemingway's 1917, § 1710; 1930, § 1650; 1942, § 546.
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 91-7-107 - Perfect inventory may be compelled

If any person interested discover that the inventory returned does not contain a full account of all the property, goods, chattels, and effects of the deceased, such person may, on petition to the court, have the executor, administrator, or temporary administrator cited to appear and show cause why an additional inventory should not be returned. If, on hearing, the court be satisfied that a true inventory was not originally returned, it may order the executor or administrator to return a new one; and on his failure to do so, his letters may be revoked. If the title to any property not inventoried be in dispute, it shall be sufficient for the executor, administrator, or collector so to report; and he shall not be required to return an additional inventory until the title be settled in his favor. It shall also be the duty of every executor and administrator to return additional inventories at least once in each year of the increase of the property of the estate, if there be any such increase.
Codes, Hutchinson's 1848, ch. 49, art. 1 (87); 1857, ch. 60, art. 79; 1871, § 1133; 1880, § 2024; 1892, § 1871; 1906, § 2046; Hemingway's 1917, § 1711; 1930, § 1651; 1942, § 547.
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 91-7-109 - Inventory and appraisement by qualified disinterested persons

The executor or administrator may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items he appraised.
Codes, Hutchinson's 1848, ch. 49, art. 1 (72); 1857, ch. 60, art. 70; 1871, § 1124; 1880, § 2014; 1892, § 1872; 1906, § 2047; Hemingway's 1917, § 1712; 1930, § 1652; 1942, § 548.
Amended by Laws, 2019, ch. 458, HB 1375,§ 3, 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 91-7-111 - [Repealed]

Codes, Hutchinson's 1848, ch. 49, art. 1 (71); 1857, ch. 60, art. 69; 1871, § 1123; 1880, § 2015; 1892, § 1873; 1906, § 2048; Hemingway's 1917, § 1713; 1930, § 1653; 1942, § 549.
Repealed by Laws, 2019, ch. 458, HB 1375,§ 23, 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 91-7-113 - [Repealed]

Codes, Hutchinson's 1848, ch. 49, art. 1 (72); 1857, ch. 60, art. 70; 1871, § 1124; 1880, § 2014; 1892, § 1874; 1906, § 2049; Hemingway's 1917, § 1714; 1930, § 1654; 1942, § 550.
Repealed by Laws, 2019, ch. 458, HB 1375,§ 25, 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 91-7-115 - [Repealed]

Codes, 1892, § 1875; 1906, § 2050; Hemingway's 1917, § 1715; 1930, § 1655; 1942, § 551.
Repealed by Laws, 2019, ch. 458, HB 1375,§ 24, 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 91-7-117 - Executor or administrator to set apart exempt property

It shall be the duty of the executor or administrator to set apart to the widow and children, or to the widow if there be no children, or to the children if there be no widow, such personal property as is exempt by law from execution. The action of the executor or administrator shall not be necessary to the title of the widow and children to the exempt property, which shall vest in them by operation of law on the death of the husband and father.
Codes, 1871, § 1290; 1880, § 1278; 1892, § 1876; 1906, § 2051; Hemingway's 1917, § 1716; 1930, § 1656; 1942, § 552.
Amended by Laws, 2019, ch. 458, HB 1375,§ 4, 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 91-7-119 - through 91-7-133 - [Repealed]

Repealed by Laws, 1976, ch. 407, § 44, eff. 4/1/1977.
§ 91-7-119. [Codes, 1942, § 553; Laws, 1936, ch. 237] § 91-7-121. [Codes, 1892, § 1909; 1906, § 2084; Hemingway's 1917, § 1751; 1930, § 1657; 1942, § 554] § 91-7-123. [Codes, 1892, § 1910; 1906, § 2085; Hemingway's 1917, § 1752; 1930, § 1658; 1942, § 555] § 91-7-125. [Codes, 1892, § 1911; 1906, § 2086; Hemingway's 1917, § 1753; 1930, § 1659; 1942, § 556] § 91-7-127. [Codes, 1892, § 1912; 1906, § 2087; Hemingway's 1917, § 1754; 1930, § 1660; 1942, § 557] § 91-7-129. [Codes, 1892, § 1913; 1906, § 2088; Hemingway's 1917, § 1755; 1930, § 1661; 1942, § 558] § 91-7-131. [Codes, 1892, § 1914; 1906, § 2089; Hemingway's 1917, § 1756; 1930, § 1662; 1942, § 559] § 91-7-133. [Codes, 1892, § 1915; 1906, § 2090; Hemingway's 1917, § 1757; 1930, § 1663; 1942, § 560]
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 91-7-135 - Court or chancellor to set apart one year's support for family

It shall be the duty of the court or the chancellor to set apart out of the effects of the decedent, for the spouse and children who were being supported by the decedent, or for the spouse if there be no such children, or for such children if there be no spouse, one (1) year's provision, including such provision as may be embraced in the exempt property set apart. If there be no provisions, or an insufficient amount, the court or the chancellor shall determine the sum necessary for the comfortable support of the spouse and children, or spouse or children, as the case may be, for one (1) year.
Codes, Hutchinson's 1848, ch. 49, art. 17 (1); 1857, ch. 60, art. 172; 1871, §§ 1290, 1957; 1880, § 1279; 1892, § 1877; 1906, § 2052; Hemingway's 1917, § 1717; 1930, § 1664; 1942, § 561; Laws, 1992, ch. 321 § 1, eff. 4/20/1992.
Amended by Laws, 2019, ch. 458, HB 1375,§ 5, 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 91-7-137 - [Repealed]

Codes, Hutchinson's 1848, ch. 49, art. 1 (75); 1857, ch. 60, arts. 71, 72; 1871, §§ 1125, 1126; 1880, §§ 2016, 2017; 1892, § 1878; 1906, § 2053; Hemingway's 1917, § 1718; 1930, § 1665; 1942, § 562.
Repealed by Laws, 2019, ch. 458, HB 1375,§ 19, 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 91-7-139 - [Repealed]

Codes, 1892, § 1879; 1906, § 2054; Hemingway's 1917, § 1719; 1930, § 1666; 1942, § 563.
Repealed by Laws, 2019, ch. 458, HB 1375,§ 20, eff. 7/1/2019.