reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-1 - Who may execute; signature; attestation

Every person eighteen (18) years of age or older, being of sound and disposing mind, shall have power, by last will and testament, or codicil in writing, to devise all the estate, right, title and interest in possession, reversion, or remainder, which he or she hath, or at the time of his or her death shall have, of, in, or to lands, tenements, hereditaments, or annuities, or rents charged upon or issuing out of them, or goods and chattels, and personal estate of any description whatever, provided such last will and testament, or codicil, be signed by the testator or testatrix, or by some other person in his or her presence and by his or her express direction. Moreover, if not wholly written and subscribed by himself or herself, it shall be attested by two (2) or more credible witnesses in the presence of the testator or testatrix.
Codes, Hutchinson's 1848, ch. 49, art. 1 (14); 1857, ch. 60, art. 34; 1871, § 2388; 1880, § 1262; 1892, § 4488; 1906, § 5078; Hemingway's 1917, § 3366; 1930, § 3550; 1942, § 657; Laws, 1970, ch. 324, § 1; Laws, 1973, ch. 314, § 1, eff. 3/14/1973.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-3 - Revocations

A devise so made, or any clause thereof, shall not be revocable but by the testator or testatrix destroying, canceling, or obliterating the same, or causing it to be done in his or her presence, or by subsequent will, codicil, or declaration, in writing, made and executed. Every last will and testament made when the testator or testatrix had no child living, wherein any child he or she might have is not provided for or not mentioned, if at the time of his or her death he or she have a child, or if the testator leave his wife enceinte of a child who shall be born, shall have no effect during the life of any such after-born child and shall be void unless the child die without having been married, or without leaving issue capable of inheriting, and before he or she shall have attained twenty-one years. The estate, both real and personal, so devised shall descend to such child in the same manner as if the testator or testatrix had died intestate, subject, nevertheless, to the bequests made in the last will and testament in case of the death of such child before marriage, or without issue capable of inheriting, and under the age of twenty-one years. When a testator shall leave children born and his wife enceinte, the posthumous child or children, if unprovided for by settlement and neither provided for nor disinherited, but only pretermitted, by the last will and testament, shall succeed to the same portion of the father's estate as such child or children would have been entitled to if the father had died intestate, towards raising which portion the devisees and legatees shall contribute proportionably out of the parts devised and bequeathed to them by the same will and testament.
Codes, Hutchinson's 1848, ch. 49, art. 1 (15); 1857, ch. 60, art. 35; 1871, § 2389; 1880, § 1263; 1892, § 4489; 1906, § 5079; Hemingway's 1917, § 3367; 1930, § 3551; 1942, § 658.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-5 - Children born after making of the will

If a testator or testatrix, having a child or children born at the time of making and publishing his or her last will and testament, shall, at his or her death, leave a child or children born after the making and publishing such last will and testament, the child or children so after-born, if unprovided for by settlement and neither provided for nor disinherited, but only pretermitted, by the last will and testament, shall succeed to the same portion of the father's or mother's estate as such child or children would have been entitled to if the father or mother had died intestate, towards raising which portion the devisees and legatees shall contribute proportionately out of the parts devised and bequeathed to them by the same will and testament, in the same manner as is provided in the case of posthumous children.
Codes, Hutchinson's 1848, ch. 49, art. 1 (16); 1857, ch. 60, art. 36; 1871, § 2390; 1880, § 1264; 1892, § 4490; 1906, § 5080; Hemingway's 1917, § 3368; 1930, § 3352; 1942, § 659.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-7 - Bequests not to lapse in certain cases

Whenever any estate of any kind shall or may be devised or bequeathed by the last will and testament of any testator or testatrix to any person being a child or descendant of such testator or testatrix, and such devisee or legatee shall, during the lifetime of such testator or testatrix, die testate or intestate, leaving a child or children, or one or more descendants of a child or children, who shall survive such testator or testatrix, in that case, such devise or legacy to such person so situated as above mentioned, and dying in the lifetime of the testator or testatrix, shall not lapse, but the estate so devised or bequeathed shall vest in such child or children, descendant or descendants, of such devisee or legatee in the same manner as if a legatee or devisee had survived the testator or testatrix and had died intestate.
Codes, Hutchinson's 1848, ch. 49, art. 1 (17); 1857, ch. 60, art. 37; 1871, § 2391; 1880, § 1265; 1892, § 4491; 1906, § 5081; Hemingway's 1917, § 3369; 1930, § 3553; 1942, § 660.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-9 - Devise to witness void

If any person be a subscribing witness to a will wherein any devise or bequest is made to him and the will cannot otherwise be proven, such devise or bequest shall be void, and the witness shall be competent as to the residue of the will as if a devise or bequest had not been made to him, and he may be compelled to testify. If such witness would have been entitled to any share of the testator's estate in case the will were not established, then so much of such share shall be saved to the witness as shall not exceed the value of the devise or bequest made to him in the will.
Codes, Hutchinson's 1848, ch. 49, art. 1 (27); 1857, ch. 60, art. 45; 1871, § 1101; 1880, § 1973; 1892, § 1826; 1906, § 2001; Hemingway's 1917, § 1666; 1930, § 3554; 1942, § 661.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-11 - Devise or bequest to trustee

(1)
A devise or bequest in a will duly executed pursuant to the provisions of Section
91-5-1
of Mississippi Code of 1972 may be made to the trustee of a trust which is evidenced by a written instrument in existence when the will is made and which is identified in the will. Such devise or bequest shall not be invalid because the trust is amendable or revocable, or both, by the settlor or any other person or persons; nor because the trust instrument or any amendment thereto was not executed in the manner required for wills; nor because the trust was amended after execution of the will. Unless the will provides otherwise, such devise or bequest shall operate to dispose of the property under the terms and provisions of the instrument creating the trust, including any amendments or modifications in writing made at any time before or after the making of the will and before the death of the testator, and the property shall not be deemed held under a testamentary trust. An entire revocation of the trust prior to the testator's death shall invalidate the devise or bequest.
(2)
The provisions of this section shall apply to all devises or bequests made in any will duly executed according to said section of any testator dying after May 6, 1958, whether the will is executed before or after that date.
(3)
The term "will" in this section shall include and refer to the term "codicil".
Codes, 1942, § 661.5; Laws, 1958, ch. 240, §§ 1-3, eff. 5/6/1958.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-13 - Creditor competent witness to will

Any creditor shall be a competent subscribing witness to a last will and testament; but any special provision in favor of such creditor in the will, either by admitting the debt or by providing for its payment or by giving it a preference, shall be void, and such claim shall stand as though the provision had not been made.
Codes, Hutchinson's 1848, ch. 49, art. 1 (44); 1857, ch. 60, art. 46; 1871, § 1102; 1880, § 1974; 1892, § 1827; 1906, § 2002; Hemingway's 1917, § 1667; 1930, § 3555; 1942, § 662.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-15 - Nuncupative wills

A nuncupative will shall not be established unless it be made in the time of the last sickness of the deceased at his or her habitation or where he or she hath resided for ten days next preceding the time of his or her death, except when such person is taken sick from home and die before his or her return to such habitation, nor where the value bequeathed exceeds One Hundred Dollars ($100.00) unless it be proved by two witnesses that the testator or testatrix called on some person present to take notice or bear testimony that such is his or her will, or words to that effect.
Codes, Hutchinson's 1848, ch. 49, art. 1 (18); 1857, ch. 60, art. 38; 1871, § 2392; 1880, § 1266; 1892, § 4492; 1906, § 5082; Hemingway's 1917, § 3370; 1930, § 3556; 1942, § 663.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-17 - Parties in interest to nuncupative will to be cited

The probate of any nuncupative will shall not be taken, or letters testamentary granted thereon, until after the expiration of fourteen days from the time of the decease of the testator or testatrix, nor until the widow, if any, and next of kin, if resident in this state, have been summoned to contest the same if they think proper.
Codes, Hutchinson's 1848, ch. 49, art. 1 (18); 1857, ch. 60, art. 40; 1871, § 2394; 1880, § 1268; 1892, § 4494; 1906, § 5084; Hemingway's 1917, § 3372; 1930, § 3557; 1942, § 664.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-19 - Nuncupative will not to be proven after six months unless reduced to writing

After six months have elapsed from the time of speaking the alleged testamentary words, testimony shall not be received to probate a nuncupative will unless the words, or the substance thereof, shall have been reduced to writing within six days after speaking the same.
Codes, Hutchinson's 1848, ch. 49, art. 1 (18); 1857, ch. 60, art. 39; 1871, § 2393; 1880, § 1267; 1892, § 4493; 1906, § 5083; Hemingway's 1917, § 3371; 1930, § 3558; 1942, § 665.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-21 - Members of armed forces and mariners at sea excepted

Any person of sound mind eighteen years of age or older and being in the armed forces of the United States of America, in active service at home or abroad or being a mariner at sea, may devise, dispose of, and bequeath his goods and chattels or property, real and personal, anything in this chapter to the contrary notwithstanding.
Any will executed prior to July 23, 1968, which conforms to the requirements of this section shall be valid; provided, however, that the testator of said will must be alive at said date.
Codes, Hutchinson's 1848, ch. 49, art. 1 (21); 1857, ch. 60, art. 41; 1871, § 2395; 1880, § 1269; 1892, § 4495; 1906, § 5085; Hemingway's 1917, § 3373; 1930, § 3559; 1942, § 666; Laws, 1968, ch. 307, §§ 1, 2, eff. 7/23/1968.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-23 - Provision for husband or wife to be in bar

Any provision by the will of the husband or wife for the other shall be construed to be in bar of any share of the real or personal estate of the testator, unless it be otherwise expressed in the will.
Codes, 1880, § 1174; 1892, § 4498; 1906, § 5088; Hemingway's 1917, § 3376; 1930, § 3560; 1942, § 667.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-25 - Right of spouse to renounce will; form of renunciation; right to intestate share

When a husband makes his last will and testament and does not make satisfactory provision therein for his wife, she may, at any time within ninety (90) days after the probate of the will, file in the office where probated a renunciation to the following effect, viz.: "I, A B, the widow of C D, hereby renounce the provision made for me by the will of my deceased husband, and elect to take in lieu thereof my legal share of his estate." Thereupon she shall be entitled to such part of his estate, real and personal, as she would have been entitled to if he had died intestate, except that, even if the husband left no child nor descendant of such, the widow, upon renouncing, shall be entitled to only one-half (1/2) of the real and personal estate of her deceased husband. The husband may renounce the will of his deceased wife under the same circumstances, in the same time and manner, and with the same effect upon his right to share in her estate as herein provided for the widow.
Codes, 1871, § 1282; 1880, § 1172; 1892, § 4496; 1906, § 5086; Hemingway's 1917, § 3374; 1930, § 3561; 1942, § 668; Laws, 1975, ch. 373, § 1, eff. 1/1/1976.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-27 - Effect of no provision for husband or wife

If the will of the husband or wife shall not make any provision for the other, the survivor of them shall have the right to share in the estate of the deceased husband or wife, as in case of unsatisfactory provision in the will of the husband or wife for the other of them. In such case a renunciation of the will shall not be necessary, but the rights of the survivor shall be as if the will had contained a provision that was unsatisfactory and it had been renounced.
Codes, 1880, § 1173; 1892, § 4497; 1906, § 5087; Hemingway's 1917, § 3375; 1930, § 3562; 1942, § 669.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-29 - Effect of wife or husband having separate estate

In case the wife have a separate property at the time of the death of her husband, equal in value to what would be her lawful portion of her husband's real and personal estate, and he have made a will, she shall not be at liberty to signify her dissent to the will or to renounce any provision or bequest therein in her favor and elect to take her portion of his estate. If her separate property be not equal in value to what would be the value of her portion of her husband's estate, then she may signify her dissent to the will, as in other cases provided by law, and claim to have the deficiency made up to her, notwithstanding the will. The court in which the will is probated may appoint three commissioners to ascertain, by valuation of the estate, what her lawful portion thereof would be worth; and the commissioners shall also value her own separate estate and report their valuation to the court. Whereupon the court shall make the proper order for allowing her to share in her husband's real and personal estate to make up the deficiency after the following rule: if her separate property be equal in value to two thirds of what she would be entitled to, she shall have one third of her lawful portion of the land and one third of what would be her distributive share of the personalty; if her separate property be worth half in value what she would be entitled to, then she shall be entitled to half her lawful portion of real estate and half of what would be her distributive share of the personalty; if her separate property be worth only one third in value what she would be entitled to, then she shall be entitled to two thirds of her lawful portion of real estate and two thirds of what would be her distributive share in the personalty. This section shall not preclude or prevent any married woman from renouncing the provisions of her husband's will and electing to take her lawful portion if her separate property do not amount in value to one fifth of what she would be entitled to. This section shall apply to a husband renouncing the will of his wife, and shall govern as to his right to share in her estate in such case.
Codes, 1857, ch. 40, art. 30; 1871, § 1789; 1880, § 1175; 1892, § 4499; 1906, § 5089; Hemingway's 1917, § 3377; 1930, § 3563; 1942, § 670.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-31 - [Repealed]

Repealed by Laws, 1993, ch. 342, § 1, eff. 3/10/1993.
Codes, 1892, § 4501; 1906, § 5091; Hemingway's 1917, § 3379; 1930, § 3565; 1942, § 671; Laws, 1940, ch. 318; 1988, ch. 489, § 1.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-33 - Person who kills another not to take under his will

If any person shall wilfully cause or procure the death of another in any manner, he shall not take the property, or any part thereof, real or personal, of such other under any will, testament, or codicil. Any devise to such person shall be void and, as to the property so devised, the decedent shall be deemed to have died intestate.
This shall not defeat the title of a bona fide purchaser for value of the property so devised, who acquired the same after one year from the probation of the will without notice that the person to whom the same was devised so caused or procured the death of the testator.
Codes, 1892, § 4502; 1906, § 5092; Hemingway's 1917, § 3380; 1930, § 3566; 1942, § 672.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 5 - WILLS AND TESTAMENTS (§§ 91-5-1 — 91-5-35) › Section 91-5-35 - Will devising real property admitted to probate as muniment of title only; petition signature; rights of interested parties unaffected

(1)
When a person dies testate owning at the time of death real property in the State of Mississippi and his will purports to devise such realty, then said will may be admitted to probate, as a muniment of title only, by petition signed and sworn, without the necessity of administration or the appointment of an executor or administrator with the will annexed, provided it be shown by said petition that:
(a)
The value of the decedent's probate estate in the State of Mississippi at the time of his or her death, exclusive of any interest in real property and exempt property set forth in Section
91-7-117
, did not exceed the sum set forth in Section
91-7-322
; and
(b)
All known debts of the decedent and his estate have been paid, including estate and income taxes, if any.
(2)
The petition shall be signed and sworn by the personal representative, including (a) an executor, (b) an administrator with the will annexed, or (c) other personal representative serving in a foreign jurisdiction. If there is no such serving executor, administrator with the will annexed, or other personal representative, then it shall be signed and sworn by (i) the spouse of the decedent, if then living, and (ii) the devisees of the Mississippi real property, whether specific or residuary, but excluding persons holding mere contingent remainder interests in the real property.
(3)
The petition may be signed for and on behalf of the spouse of the decedent, or a beneficiary under the will of the decedent, by a person acting in a representative capacity in accordance with Section
91-8-303
.
(4)
The probate of a will under this section shall in no way affect the rights of any interested party to petition for a formal administration of the estate or to contest the will as provided by Section
91-7-23
, Mississippi Code of 1972, or the right of anyone desiring to contest a will presented for probate as provided by Section
91-7-21
, or as otherwise provided by law.
(5)
This section shall apply to wills admitted to probate from and after July 1, 2020, notwithstanding that the testator or testatrix may have died on or before July 1, 2020.
Laws, 1983, ch. 385; Laws, 1984, ch. 467; Laws, 1989, ch. 582, § 1, eff. 7/1/1989.
Amended by Laws, 2020, ch. 343, SB 2850,§ 2, eff. 7/1/2020.
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 91-7-1 - Venue of proof of wills

Wills shall be proved in and letters testamentary thereon granted by the chancery court of the county in which the testator had a fixed place of residence. If he had no fixed place of residence and land be devised in the will, it shall be proved in and letters granted by the chancery court of the county where the land, or some part thereof, is situated.
Codes, Hutchinson's 1848, ch. 49, art. 1 (24); 1857, ch. 60, art. 42; 1871, § 1098; 1880, § 1960; 1892, § 1813; 1906, § 1988; Hemingway's 1917, § 1653; 1930, § 1599; 1942, § 495.
Amended by Laws, 2020, ch. 343, SB 2850,§ 3, eff. 7/1/2020.
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 91-7-3 - By whom presented

When any last will and testament is exhibited to be proved, the court may take the probate thereof, and any one interested in a will may propound it for probate. Summons may be issued by the clerk for the subscribing witnesses, or for other witnesses, to be examined as to such will.
Codes, Hutchinson's 1848, ch. 49, art. 1 (29); 1857, ch. 60, art. 43; 1871, § 1099; 1880, §§ 1961, 1992; 1892, § 1814; 1906, § 1989; Hemingway's 1917, § 1654; 1930, § 1600; 1942, § 496.
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 91-7-5 - Production of will compelled

The chancery court of the proper county, on being informed that any person has the last will and testament of a testator or testatrix, may compel such person to produce it.
Codes, Hutchinson's 1848, ch. 49, art. 1 (22); 1857, ch. 60, art. 47; 1871, § 1103; 1880, § 1977; 1892, § 1830; 1906, § 2005; Hemingway's 1917, § 1670; 1930, § 1601; 1942, § 497.
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 91-7-7 - Proof of due execution of will

The due execution of the will, whether heretofore or hereafter executed, must be proved by at least one (1) of the subscribing witnesses, if alive and competent to testify. If none of the subscribing witnesses can be produced to prove the execution of the will, it may be established by proving the handwriting of a testator and of the subscribing witnesses to the will, or of some of them. The execution of the will may be proved by affidavits of subscribing witnesses. The affidavits may be annexed to the will or may be a part of the will, and shall state the address of each subscribing witness. Such affidavits may be signed at the time that the will is executed.
Codes, 1871, § 1117; 1880, § 1963; 1892, § 1815; 1906, § 1991; Hemingway's 1917, § 1656; 1930, § 1602; 1942, § 498; Laws, 1946, ch. 335, § 1; Laws, 1992, ch. 383, § 1, eff. 7/1/1992.
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 91-7-9 - Affidavit of subscribing witness receivable

The affidavit of any subscribing witness to a will, made before and certified by any officer in the state competent to administer oaths, shall be received as a substitute for the personal attendance of the affiant to prove the will where there is no contest about it.
Codes, 1880, § 1964; 1892, § 1817; 1906, § 1992; Hemingway's 1917, § 1657; 1930, § 1603; 1942, § 499.
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 91-7-10 - Affidavits may be used to authenticate holographic wills or codicils

Where there is not contest about it, a holographic will or codicil may be proved at the time of presentment for probate by the affidavits, made before an officer in the state authorized to administer oaths, of at least two (2) persons, in no wise interested in the estate of the testator or testatrix, attesting to the authenticity of the will or codicil and the competency of the testator or testatrix to make testamentary disposition of his or her property; provided, however, that such affiants shall be persons familiar with the handwriting and signature of the testator or testatrix, and the affidavits so presented shall contain statements made on the personal knowledge of such affiants attesting that such handwriting and such signature are genuine and were made and done by the testator or testatrix; and in such case the affidavits made and presented in conformity herewith may be received as a substitute for the personal attendance of witnesses to prove such will or codicil.
Laws, 1974, ch. 375, § 1, eff. 3/19/1974.
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 91-7-11 - Testimony of absent witness

When any will shall be exhibited for probate and any witness who attested the will shall reside out of the state or be not found, either of the following methods may be used to prove the execution of the will, to wit:
(a)
A commission may issue to take his or her deposition, as in other cases of nonresident witnesses, to which the will shall be attached. Before such original will shall be sent abroad for proof, the clerk shall make and certify to a true copy thereof and file the copy in his office, and such certified true copy shall have the same legal force and effect of the original will and may be substituted for the original will should the original will be lost. Provided, however, where there is no contest, the affidavit of such nonresident subscribing witness may be made before any officer competent to administer oaths in the state where such nonresident witness may be found.
(b)
Or, in lieu of sending the original will abroad for such proof, the clerk may have made a photostatic copy of said original will and certify to same as being a photostatic copy of said original will and send said certified photostatic copy of said original will abroad, instead of the original will; and in which case, the clerk shall file the original will in his office.
Codes, Hutchinson's 1848, ch. 49, art. 1 (28); 1857, ch. 60, art. 44; 1871, § 1100; 1880, § 1972; 1892, § 1819; 1906, § 1994; Hemingway's 1917, § 1659; 1930, § 1604; 1942, § 500; Laws, 1954, ch. 215; Laws, 1966, ch. 322, § 1, eff. 5/20/1966.
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 91-7-13 - Testimony on probating will reduced to writing

If the will shall appear to have been duly executed, it shall be admitted to probate. All testimony taken in probating it shall be reduced to writing and filed and carefully preserved in the clerk's office.
Codes, 1880, § 1965; 1892, § 1818; 1906, § 1993; Hemingway's 1917, § 1658; 1930, § 1605; 1942, § 501.
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 91-7-15 - Will executed by person in armed forces - additional manner of proof

In addition to the manner in which wills may be proved and admitted to probate in the State of Mississippi under other laws, any will executed by any member of the armed forces of the United States during the Korean War, or any other war, may be proved and admitted to probate, and letters testamentary thereon granted, by the chancery court or the chancellor in vacation of the county in which such testator lived when he became a member of such armed forces, or by the chancery court or the chancellor in vacation of the county in which such testator owned land at the time of his death, on the affidavit of any reliable person or persons sufficient to satisfy the chancellor that the testator is dead, that the writing propounded for probate was signed by the testator as his last will and testament, that the affidavit or testimony of the subscribing witnesses to such will cannot reasonably be obtained, and that there is good reason for such will to be then probated.
Codes, 1942, § 501-01; Laws, 1944, ch. 167, § 1; Laws, 1952, ch. 254.
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 91-7-17 - Rejection of will not binding

The rejection of an ex parte application to probate a will shall not bind any one or extinguish any right.
Codes, 1880, § 1966; 1892, § 1920; 1906, § 1995; Hemingway's 1917, § 1660; 1930, § 1606; 1942, § 502.
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 91-7-19 - All interested may be made parties

Any proponent of a will for probate may, in the first instance, make all interested persons parties to his application to probate the will, and in such case all who are made parties shall be concluded by the probate of the will. At the request of either party to such proceeding, an issue shall be made up and tried by a jury as to whether or not the writing propounded be the will of the alleged testator.
Codes, 1880, § 1967; 1892, § 1821; 1906, § 1996; Hemingway's 1917, § 1661; 1930, § 1607; 1942, § 503.
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 91-7-21 - Caveat against probate may be filed

Any one desiring to contest a will presented for probate may do so before probate by entering in the clerk's office in which it shall be presented his objection to the probate thereof, and causing all parties interested and who do not join him in such objection to be made parties defendant. Thereupon the issue devisavit vel non shall be made up and tried, and proceedings had as in other like cases. When an objection to the probate of a will has been made in writing, filed with the clerk, probate shall not be had of such will without notice to the objector.
Codes, 1880, § 1970; 1892, § 1815; 1906, § 1990; Hemingway's 1917, § 1655; 1930, § 1608; 1942, § 504.
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 91-7-23 - Validity contested within two years

Any person interested may, at any time within two years, by petition or bill, contest the validity of the will probated without notice; and an issue shall be made up and tried as other issues to determine whether the writing produced be the will of the testator or not. If some person does not appear within two years to contest the will, the probate shall be final and forever binding, saving to infants and persons of unsound mind the period of two years to contest the will after the removal of their respective disabilities. In case of concealed fraud, the limitation shall commence to run at, and not before, the time when such fraud shall be, or with reasonable diligence might have been, first known or discovered.
Codes, Hutchinson's 1848, ch. 49, art. 1 (29); 1857, ch. 60, art. 43; 1871, § 1099; 1880, § 1961; 1892, § 1822; 1906, § 1997; Hemingway's 1917, § 1662; 1930, § 1609; 1942, § 505.
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 91-7-25 - Necessary parties to contest

In any proceeding to contest the validity of a will, all persons interested in such contest shall be made parties.
Codes, 1880, § 1968; 1892, § 1823; 1906, § 1998; Hemingway's 1917, § 1663; 1930, § 1610; 1942, § 506.
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 91-7-27 - Probate of will prima facie evidence

On the trial of an issue made up to determine the validity of a will which has been duly admitted to probate, such probate shall be prima facie evidence of the validity of the will.
Codes, 1880, § 1969; 1892, § 1824; 1906, § 1999; Hemingway's 1917, § 1664; 1930, § 1611; 1942, § 507.
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 91-7-29 - Trial of issue devisavit vel non

On the trial of such issue, the proponent of the will shall have the affirmative of the issue and be entitled to all the rights of one occupying such position. The witnesses shall be examined orally before the jury, except where in the circuit court depositions would be admissible; and the testimony taken on the probate of the will shall be admissible if the witnesses who delivered it be dead, out of the state, or have since become incompetent.
Codes, 1880, § 1971; 1892, § 1825; 1906, § 2000; Hemingway's 1917, § 1665; 1930, § 1612; 1942, § 508.
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 91-7-31 - Wills recorded

All original wills, after probate thereof, shall be recorded and remain in the office of the clerk of the court where they were proved, except during the time they may be removed to any other court under proper process, from which they shall be duly returned to the proper office. Authenticated copies of such wills may be recorded in any county in this state.
Codes, Hutchinson's 1848, ch. 49, art. 1 (23); 1857, ch. 60, art. 48; 1871, § 1004; 1880, § 1975; 1892, § 1828; 1906, § 2003; Hemingway's 1917, § 1668; 1930, § 1613; 1942, § 509.
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 91-7-33 - Foreign wills recorded

Authenticated copies of wills proven according to the laws of any of the states of the union, of the territories, of the District of Columbia, or any foreign country, and affecting or disposing of real property within this state, may be admitted to probate in the proper court. Such will may be contested as the original might have been if it had been executed in this state, or the original will may be proven and admitted to record here.
Codes, Hutchinson's 1848, ch. 49, art. 1 (25); 1857, ch. 60, art. 49; 1871, § 1105; 1880, § 1976; 1892, § 1829; 1906, § 2004; Hemingway's 1917, § 1669; 1930, § 1614; 1942, § 510.
Amended by Laws, 2020, ch. 343, SB 2850,§ 4, eff. 7/1/2020.
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 91-7-35 - Grant of letters testamentary

The executor named in any last will and testament, whether made in this state or out of it and admitted to probate here on an authenticated copy or on the original, shall be entitled to letters testamentary thereon if not legally disqualified. A person shall not be capable of being executor who, at the time when letters testamentary ought to be granted, is under the age of eighteen years, of unsound mind, or convicted of a felony.
Codes, Hutchinson's 1848, ch. 49, art. 1 (25); 1857, ch. 60, art. 50; 1871, § 1106; 1880, § 1978; 1892, § 1831; 1906, § 2006; Hemingway's 1917, § 1671; 1930, § 1615; 1942, § 511.
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 91-7-37 - Eighteen the age of majority for executors and administrators

The age of eighteen (18) years shall be the age of majority of an executor, executrix, administrator or administratrix. In case letters testamentary or of administration shall be granted to any one under twenty-one (21) years, the bond executed by such person for the performance of the duties shall be as valid and binding as if such person were of full age.
Codes, Hutchinson's 1848, ch. 49, art. 1 (36); 1857, ch. 60, art. 51; 1871, § 1107; 1880, § 1979; 1892, § 1832; 1906, § 2007; Hemingway's 1917, § 1672; 1930, § 1616; 1942, § 512; Laws, 1974, ch. 446, eff. 3/26/1974.
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 91-7-39 - Administration with will annexed

If there be no executor named in any last will and testament, or if the executors named all renounce the executorship or, being required to qualify, shall all refuse or fail to do so or shall refuse or wilfully neglect, for the space of forty days after the death of the testator, to exhibit the will and testament for probate or shall all be disqualified, then administration with the will annexed shall be granted to the person who would be entitled to administer according to the rule prescribed for granting administration. Before granting such administration, each executor named in the will and testament who has not renounced the executorship shall be summoned to show cause why administration should not be granted. If any executor named be absent from the state at the time of the probate of the will and administration should be granted during his absence, such executor shall be allowed forty days after his return to make application for letters testamentary and, on his qualifying, the letters of administration shall be revoked; and the administrator shall deliver all the estate which has come to his hands to the executor and settle the account of his administration.
Codes, Hutchinson's 1848, ch. 49, art. 1 (31); 1857, ch. 60, art. 52; 1871, § 1108; 1880, § 1980; 1892, § 1833; 1906, § 2008; Hemingway's 1917, § 1673; 1930, § 1617; 1942, § 513.
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 91-7-41 - Oath and bond of executor or administrator with will annexed

Every executor or administrator with the will annexed, at or prior to the time of obtaining letters testamentary or of administration, shall take and subscribe the following oath, viz.:
"I do swear that the writing exhibited by me is the true last will and testament of ____________________, as far as I know and believe, and that I, if and when appointed as executor, will well and truly execute the same according to its tenor, and discharge the duties required by law." In the case of an administrator with the will annexed, then say "I, as administrator, will," and "when appointed as administrator, will" etc.
He will also give bond in such penalty as will be equal to the full value of the estate, and with such sureties as may be approved of by the court or by the clerk, payable to the state, with the following conditions, viz.:
"The condition of this bond is, that if the above bound ____________________, as executor of the last will and testament of ____________________, shall well and truly execute the will as far as the same may be consistent with law, and faithfully discharge all the duties required of him by law, then this obligation shall be void." If the obligor be administrator with the will annexed, then say "the above bound ____________________, as administrator with the will of ____________________ annexed, will," etc.
Codes, Hutchinson's 1848, ch. 49, art. 1 (33); 1857, ch. 60, art. 53; 1871, § 1109; 1880, § 1981; 1892, § 1834; 1906, § 2009; Hemingway's 1917, § 1674; 1930, § 1618; 1942, § 514; Laws, 2001, ch. 422, § 1, 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 91-7-43 - Executor as residuary legatee

If the executor be a residuary legatee, he may, instead of the bond required of other executors, give bond payable to the state in a sum, with two or more sureties, to the satisfaction of the court or clerk, conditioned to pay all the debts and legacies of the testator within one year. In such case the executor shall not be required to return an inventory or appraisement, but he shall file with his petition a sworn statement of the amount of the indebtedness of the testator, so far as he can ascertain the same. The giving of such bond shall not discharge the estate of the testator from liability for the payment of his debts; and such bond shall be subject to suits in the same manner as the bond required of other executors.
Codes, 1892, § 1835; 1906, § 2010; Hemingway's 1917, § 1675; 1930, § 1619; 1942, § 515.
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 91-7-45 - When bond not required

If the testator, by will, direct that his executor shall not be required to give bond, then none shall be required unless the court or the clerk, at the time of granting the letters or afterwards, shall have reason to require bond, in which event it shall be the duty of the court or clerk to require bond with sufficient sureties. If any creditor of such testator petition the court or the clerk in vacation, under oath, stating his claim and that he believes he is in danger of losing his demand, or some of it, by the bad management of said estate or by the personal insolvency of the executor, such executor, having had five days' notice of the petition, shall be required to give a bond with sureties, to be approved by the court or clerk in vacation, payable to said creditor in a sufficient sum to cover his legal demand, and conditioned to save him from all loss by reason of any act or omission of such executor. Instead of such bond, the executor may give bond as if he had not been relieved from it by the will. If the bond required in either case be not given, it shall be the duty of the court or clerk to remove the executor and grant letters of administration, with the will annexed, to some other person.
Codes, Hutchinson's 1848, ch. 49, art. 1 (34); 1857, ch. 60, art. 54; 1871, § 1110; 1880, § 1982; 1892, § 1836; 1906, § 2011; Hemingway's 1917, § 1676; 1930, § 1620; 1942, § 516.
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 91-7-47 - Rights and duties of executor or administrator with will annexed

(1)
Every executor or administrator with the will annexed, who has qualified, shall have the right to the possession of all the personal estate of the deceased, unless otherwise directed in the will; and he shall take all proper steps to acquire possession of any part thereof that may be withheld from him, and shall manage the same for the best interest of those concerned, consistently with the will, and according to law. He shall have the proper appraisements made, return true and complete inventories except as otherwise provided by law, shall collect all debts due the estate as speedily as may be, pay all debts that may be due from it which are properly probated and registered, so far as the means in his hands will allow, shall settle his accounts as often as the law may require, pay all the legacies and bequests as far as the estate may be sufficient, and shall well and truly execute the will if the law permit. He shall also have a right to the possession of the real estate so far as may be necessary to execute the will, and may have proper remedy therefor.
(2)
In addition to the rights and duties contained in this section, 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 (32); 1857, ch. 60, art. 55; 1871, § 1111; 1880, § 1983; 1892, § 1837; 1906, § 2012; Hemingway's 1917, § 1677; 1930, § 1621; 1942, § 517; Laws, 1994, ch. 589, § 3; Laws, 1999, ch. 374, § 1; Laws, 2002, ch. 612, § 1; Laws, 2008, ch. 452, § 1, eff. 4/8/2008.
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 91-7-49 - Directions of will to be followed

Whenever any last will and testament shall empower and direct the executor as to the sale of property, the payment of debts and legacies, and the management of the estate, the directions of the will shall be followed by the executor, and the provisions herein contained shall not so operate as to require the executor to pursue a different course from that prescribed in the will, if it be lawful. If land be directed by the will to be sold, the sale shall be made and the proper conveyance executed by the executors, or such of them as shall undertake the execution of the will, or by the person appointed by the will to execute the trust. If the executor fail to qualify or die before he execute the will, and if the person appointed fail to execute the trust, the sale shall be made by the administrator with the will annexed. The executor shall, in all cases, make publication for creditors to probate their claims, as required in the administration of the estates of intestates and with like effect, any provision of the will to the contrary notwithstanding.
Codes, Hutchinson's 1848, ch. 49, art. 1 (113); 1857, ch. 60, art. 136; 1871, § 1194; 1880, § 1984; 1892, § 1838; 1906, § 2013; Hemingway's 1917, § 1678; 1930, § 1622; 1942, § 518; Laws, 1940, ch. 232.