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 91-7-233 - What actions survive to executor or administrator

Executors, administrators, and temporary administrators may commence and prosecute any personal action whatever, at law or in equity, which the testator or intestate might have commenced and prosecuted. They shall also be liable to be sued in any court in any personal action which might have been maintained against the deceased.
Codes, Hutchinson's 1848, ch. 49, art. 1 (111); 1857, ch. 60, art. 119; 1871, § 1176; 1880, § 2078; 1892, § 1916; 1906, § 2091; Hemingway's 1917, § 1758; 1930, § 1712; 1942, § 609.
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 91-7-235 - What actions survive against executor or administrator

When any decedent shall in his lifetime have committed any trespass, the person injured, or his executor or administrator, shall have the same action against the executor or administrator of the decedent as he might have had or maintained against the testator or intestate, and shall have like remedy as in other actions against executors and administrators. Vindictive damages shall not be allowed, and such action shall be commenced within one year after publication of notice to creditors to probate and register their claims.
Codes, Hutchinson's 1848, ch. 49, art. 1 (119); 1857, ch. 60, art. 119; 1871, § 1176; 1880, § 2080; 1892, § 1917; 1906, § 2092; Hemingway's 1917, § 1759; 1930, § 1713; 1942, § 610.
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 91-7-237 - Death of party not to abate suit in certain cases

When either of the parties to any personal action shall die before final judgment, the executor or administrator of such deceased party may prosecute or defend such action, and the court shall render judgment for or against the executor or administrator. If such executor or administrator, having been duly served with a scire facias or summons five days before the meeting of the court, shall neglect or refuse to prosecute or defend the suit, the court may render judgment in the same manner as if such executor or administrator had voluntarily made himself a party to the suit. The executor or administrator who shall become a party shall be entitled to a continuance of the cause until the next term of the court.
Codes, Hutchinson's 1848, ch. 58, art. 1 (47); 1857, ch. 61, art. 49; 1871, § 677; 1880, § 1513; 1892, § 1918; 1906, § 2093; Hemingway's 1917, § 1760; 1930, § 1714; 1942, § 611.
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 91-7-239 - Executor or administrator not to be sued for ninety days

A suit or action shall not be brought against an executor or administrator until after the expiration of ninety (90) days from the date of letters testamentary or of administration.
Codes, Hutchinson's 1848, ch. 49, art. 6 (1); 1857, ch. 60, art. 126; 1871, § 1184; 1880, § 2086; 1892, § 1922; 1906, § 2096a; Hemingway's 1917, § 1764; 1930, § 1715; 1942, § 612; Laws, 1975, ch. 373, § 7, 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 91-7-241 - Suit by or against administrator not to abate

If any executor or administrator die, resign, or be removed, suits or actions commenced by or against him shall not, for that reason, abate; but the same may be prosecuted by or against his successor, who may make himself a party by proper suggestion or, if he fail to do so, may be brought in by the opposite party by summons or scire facias. Judgments recovered by or against an executor or administrator who has died, resigned, or been removed may be revived for or against his successor in the same way.
Codes, 1857, ch. 60, art. 124; 1871, § 1181; 1880, § 1514; 1892, § 1919; 1906, § 2094; Hemingway's 1917, § 1761; 1930, § 1716; 1942, § 613.
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 91-7-243 - Not bound to plead specially

Executors, administrators, and temporary administrators shall not be bound to plead specially to any action or suit at law brought against them, but they may give any special matter in evidence under the general issue. An executor or administrator, or the sureties on his bond, shall not be chargeable beyond the amount of the assets of the testator or intestate by reason of any mistake, omission, or false pleading of the executor or administrator.
Codes, Hutchinson's 1848, ch. 49, art. 1 (105); 1857, ch. 60, art. 125; 1871, § 1183; 1880, § 2089; 1892, § 1923; 1906, § 2097; Hemingway's 1917, § 1765; 1930, § 1717; 1942, § 614.
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 91-7-245 - Any one interested may defend suit

Any legatee, heir, distributee, or creditor may be admitted by the court to defend any suit against the executor or administrator of the estate in which he is interested, and the case shall be tried and judgment rendered as if the suit had been defended by the executor or administrator; but judgment shall be given against the party for costs incurred in consequence of his becoming a party, if judgment shall be had against the executor or administrator.
Codes, 1880, § 2090; 1892, § 1924; 1906, § 2098; Hemingway's 1917, § 1766; 1930, § 1718; 1942, § 615.
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 91-7-247 - Actions which accrue between administrators

When there are two (2) or more administrators of an estate, and one or more of them take all the assets, or the greatest part thereof, and refuse to pay the debts or funeral expenses of the deceased, or to account with the other, the court, on petition of the aggrieved administrator and five (5) days' notice thereof to the other, may make an order requiring the delivery or payment to the aggrieved administrator of the proportionate share of the estate to which he is entitled. To enforce compliance, the court may revoke the letters of the administrator in default, and may fine him not exceeding One Hundred Dollars ($100.00) or imprison him not exceeding three (3) months as for contempt. Any executor being a residuary legatee may proceed in the same way and with like effect against his co-executor to recover his part of the estate.
Codes, Hutchinson's 1848, ch. 49, art. 1 (110); 1857, ch. 60, art. 120; 1871, § 1177; 1880, § 2082; 1892, § 1921; 1906, § 2096; Hemingway's 1917, § 1763; 1930, § 1719; 1942, § 616.
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 91-7-249 - Executor in his own wrong

If any person shall alienate or embezzle any of the goods, chattels, personal property, or money of a person deceased, before taking out letters testamentary or of administration, such person shall be liable to the action of creditors and other persons aggrieved, as being executor in his own wrong.
Codes, Hutchinson's 1848, ch. 49, art. 1 (121); 1857, ch. 60, art. 127; 1871, § 1185; 1880, § 2087; 1892, § 1926; 1906, § 2100; Hemingway's 1917, § 1768; 1930, § 1720; 1942, § 617.
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 91-7-251 - Liability of executor or administrator of an executor de son tort

The executor or administrator of an executor de son tort shall be liable to a recovery to the extent of the value of the property received or held by such executor de son tort, if sufficient assets shall have been received to pay the same. Any one who may have become liable as executor de son tort in any other state shall be liable to be sued in this state as such by any creditor, legatee, or distributee.
Codes, 1857, ch. 60, art. 133; 1871, § 1191; 1880, § 2088; 1892, § 1927; 1906, § 2101; Hemingway's 1917, § 1769; 1930, § 1721; 1942, § 618.
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 91-7-253 - Fiduciary not to use funds; investment by fiduciary bank in time certificates of deposit

No executor, administrator, guardian, receiver or other fiduciary appointed by or acting pursuant to the authority of any chancery court may borrow or use for his own benefit, directly or indirectly, any of the funds or property of the estate committed or entrusted to him by such court, nor purchase or acquire, directly or indirectly, any interest therein adverse to any creditor or beneficiary of such estate. Nor may he loan the same, or any part thereof, to any parent, brother, sister, son, daughter of, or one in loco parentis to the ward or himself, nor to any attorney or agent representing him or such estate, nor to the wife or any child of such attorney or agent. Nor may any court or chancellor authorize or ratify any such prohibited use, acquisition or loan.
Provided, however, the above prohibitions shall not extend to prohibit the investment by a banking corporation of the funds of an estate committed or entrusted to it in time certificates of deposit, provided such be approved by the chancellor, and the banking corporation shall first secure such certificates of deposit in excess of the portion insured by the Federal Deposit Insurance Corporation, as provided in section
81-5-33
, Mississippi Code of 1972.
Codes, 1942, § 619; Laws, 1936, ch. 243; Laws, 1977, ch. 493, eff. 4/15/1977.
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 91-7-255 - Fiduciary not to transfer negotiable papers

An executor, administrator, guardian, receiver, or other fiduciary appointed by or acting pursuant to the authority of any chancery court may sell, assign, or transfer any note, bill of exchange, bond, stock certificate, or other negotiable paper belonging to the estate committed or entrusted to him by such court under the standard of care applicable to trustees as set forth in Section
91-8-101
et seq. If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust under the Mississippi Uniform Trust Code.
Codes, 1942, § 620; Laws, 1936, ch. 243.
Amended by Laws, 2019, ch. 458, HB 1375,§ 7, 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 91-7-257 - [Repealed]

Codes, Hutchinson's 1848, ch. 49, art. 1 (93); 1857, ch. 60, arts. 128, 129; 1871, §§ 1186, 1187; 1880, §§ 2010, 2011; 1892, § 1928; 1906, § 2102; Hemingway's 1917, § 1770; 1930, § 1722; 1942, § 621.
Repealed by Laws, 2019, ch. 458, HB 1375,§ 21, 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 91-7-259 - [Repealed]

Codes, 1857, ch. 60, art. 131; 1871, § 1189; 1880, § 2091; 1892, § 1925; 1906, § 2099; Hemingway's 1917, § 1767; 1930, § 1723; 1942, § 622.
Repealed by Laws, 2020, ch. 406, SB 2851,§ 90, 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 91-7-261 - Procedures for insolvent estates

The executor or administrator shall take proper steps speedily to ascertain whether the estate be solvent or insolvent. If both the real and personal estate be insufficient to pay the debts of the deceased, he shall exhibit to the court a true account of all the personal estate, assets of every description, the land of the deceased, and all the debts due from the deceased; and if it appears to the court that the estate is insolvent, it shall make an order for the sale of all the property. The proceeds of such sale and all other assets shall be equally distributed among all the creditors whose claims shall be duly filed and established, in proportion to the sums due and owing to them respectively, the expenses of the last sickness, the funeral, and the administration, including commissions, being first paid. The sale of the land and distribution of the proceeds of the sale shall be subject to the abatement provisions of Section
91-7-90
. Before any decree for sale is made, the devisees or heirs shall be made parties to the proceeding.
Codes, Hutchinson's 1848, ch. 49, art. 1 (103); 1857, ch. 60, art. 98; 1871, § 1158; 1880, § 2054; 1892, § 1939; 1906, § 2113; Hemingway's 1917, § 1781; 1930, § 1724; 1942, § 623.
Amended by Laws, 2019, ch. 458, HB 1375,§ 16, 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 91-7-263 - Creditor may institute insolvency proceedings

Any creditor of the decedent may represent to the court that the estate is insolvent, and thereupon the executor or administrator and heirs or devisees shall be summoned to answer whether or not it be insolvent. If it shall be found so, like proceedings shall be had as when an estate is represented to be insolvent by the executor or administrator.
Codes, 1880, § 2055; 1892, § 1940; 1906, § 2114; Hemingway's 1917, § 1782; 1930, § 1725; 1942, § 624.
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 91-7-265 - Decree of insolvency after all property sold

Where an estate is found to be insolvent after a sale of all the property, real and personal, it may be decreed to be insolvent and be proceeded with accordingly.
Codes, 1880, § 2058; 1892, § 1941; 1906, § 2115; Hemingway's 1917, § 1783; 1930, § 1726; 1942, § 625.
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 91-7-267 - Publication and claims presented in insolvent estate

If an estate be declared insolvent after the executor or administrator has made publication to the creditors to present their claims and have them probated and registered, another publication to present claims shall not be necessary. If an estate be declared insolvent before the executor or administrator has made such publication, the court shall order the executor or administrator to make publication, requiring the creditors to present their claims within ninety (90) days and have them probated and registered. Any creditor who shall not register his claim by the day stated in the publication shall be forever barred.
Codes, Hutchinson's 1848, ch. 49, art. 21 (5); 1857, ch. 60, art. 101; 1871, § 1161; 1880, § 2059; 1892, § 1942; 1906, § 2116; Hemingway's 1917, § 1784; 1930, § 1727; 1942, § 626; Laws, 1975, ch. 373, § 8, 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 91-7-269 - Filing, examination, and adjudication of claims in insolvent estate

When the time for probating and registering claims has elapsed, the court shall cause notice to be inserted for three successive weeks in some newspaper published in the county that at a time fixed the claims will be taken up for examination and adjudication by the court or by the clerk in vacation, as the order may designate, that all claims not required by law to be probated and registered must be filed with the clerk by the day named in the notice, and that all creditors may attend. At the time appointed the court shall examine into the validity of each claim which has been probated and registered and such other claims as may have been filed with the clerk. The executor or administrator or any creditor may object to any claim, and the court shall hear evidence in support of the objection, shall allow any claim that should be allowed, and shall reject in whole or in part any which is in whole or in part not well founded. It shall not be necessary for any creditor to refile with the clerk any claim which has been duly probated and registered within the time and in the manner required by law. All other claims, unless filed with the clerk by the day named in the notice, shall not be allowed; but lawful claims, not required to be probated and registered, which are not filed with the clerk by the day named in the notice shall not be barred as to any surplus that remains after paying in full all claims allowed by the court at the examination and adjudication named in the notice. Provided, however, that in cases where the executor or administrator shall have, prior to the adjudication of insolvency, paid any claim or claims, whether probated and registered or not, such executor or administrator shall have the right by the day named in the notice, to file with the clerk a verified itemized statement of the amount which has been paid thereon, and obtain allowance therefor in the same amount to which the creditor or creditors, whose claim or claims had been so paid, would have been entitled had such creditor filed the claim.
Codes, Hutchinson's 1848, ch. 49, art. 21 (5); 1857, ch. 60, art. 101; 1871, § 1161; 1880, § 2059; 1892, § 1943; 1906, § 2117; Hemingway's 1917, § 1785; 1930, § 1728; 1942, § 627; Laws, 1926, ch. 146; Laws, 1936, ch. 242.
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 91-7-271 - Distribution of assets in insolvent estate

When the claims are established and the amount of assets ascertained, the court shall adjudge the pro rata share of each creditor, deducting first the preference claims and deducting from debts not due the legal interest from the time of payment up to the time of their maturity; and the executor or administrator shall distribute all money amongst the creditors, in proportion to their demands. The payment of the claims of the creditors shall be subject to the abatement provisions of Section
91-7-90
. A creditor whose pro rata share has been so adjudged, after ten (10) days from the date of the decree ascertaining his share, the same not having been paid, may have execution against the executor or administrator and the sureties on his bond for such sum as may be due him, and costs of execution.
Codes, Hutchinson's 1848, ch. 49, art. 1 (103); 1857, ch. 60, art. 102; 1871, § 1162; 1880, § 2060; 1892, § 1944; 1906, § 2118; Hemingway's 1917, § 1786; 1930, § 1729; 1942, § 628.
Amended by Laws, 2019, ch. 458, HB 1375,§ 17, 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 91-7-273 - Suits not to abate on insolvency

A suit or action which may be pending against an executor or administrator at the time the estate is reported insolvent shall not, on that account, abate, but may be prosecuted to final judgment. The judgment shall constitute a claim against the estate, if probated and registered as other claims, but shall not have priority over general creditors. If any such suit be undetermined when the claims are to be examined and allowed by the court and the distributive shares ascertained and declared, such examination and allowance may be postponed until the suit be finally determined, or the validity of the claims sued on may be determined by the chancery court.
Codes, Hutchinson's 1848, ch. 49, art. 2 (1); 1857, ch. 60, art. 103; 1871, § 1163; 1880, § 2061; 1892, § 1945; 1906, § 2119; Hemingway's 1917, § 1787; 1930, § 1730; 1942, § 629.
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 91-7-275 - Suit not allowed after decree of insolvency

A suit or action shall not be brought against an executor or administrator on any claim against the decedent after the estate has been declared insolvent.
Codes, 1880, § 2062; 1892, § 1946; 1906, § 2120; Hemingway's 1917, § 1788; 1930, § 1731; 1942, § 630.
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 91-7-277 - Annual accounts

Every executor or administrator, at least once in each year or oftener if required by the court, shall present under oath an account of his administration, showing the disbursements, every item of which and the amount thereof to be distinctly stated, and it shall also show the receipts of money and from what sources. The failure to account annually shall be a breach of the administration bond, for which it may be put in suit, or the executor or administrator may be removed; but the court may, on application and on cause shown, extend the time for accounting. The court shall examine all such accounts and if satisfied that the account is just and true, it shall decree the same approved and allowed as a correct annual settlement.
There shall be no requirement for filing annual accounts if the requirement of filing accountings is waived in the testator's will. The court or the chancellor may also waive the requirement for filing annual accounts in an intestate estate upon petition to the court by the administrator. Even though the requirement of filing annual accounts 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 annual accounts upon the petition of a beneficiary or other interested party if the court or the chancellor determines that the filing of annual accounts is necessary or advisable.
Codes, 1857, ch. 60, art. 104; 1871, § 1164; 1880, § 2067; 1892, § 1947; 1906, § 2121; Hemingway's 1917, § 1789; 1930, § 1732; 1942, § 631; Laws, 1960, ch. 217, § 5; Laws, 1968, ch. 306, § 1; Laws, 1996, ch. 400, § 43, eff. 3/19/1996.
Amended by Laws, 2019, ch. 458, HB 1375,§ 8, 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 91-7-279 - [Repealed]

Codes, 1892, § 1948; 1906, § 2122; Hemingway's 1917, § 1790; 1930, § 1733; 1942, § 632; Laws, 1960, ch. 217, § 6; Laws, 1966, ch. 324, § 1, eff. 3/2/1966.
Repealed by Laws, 2019, ch. 458, HB 1375,§ 22, 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 91-7-281 - Attorney's fees allowable

In annual and final settlements, the executor, administrator, or guardian shall be entitled to credit for such reasonable sums as he may have paid for the services of an attorney in the management or in behalf of the estate, if the court be of the opinion that the services were proper and rendered in good faith. Where the executor, administrator, or guardian acts also as attorney, the court may allow such executor, administrator, or guardian credit for his reasonable compensation as attorney in lieu of his compensation as executor, administrator, or guardian.
Codes, 1892, § 1957; 1906, § 2131; Hemingway's 1917, § 1799; 1930, § 1734; 1942, § 633; Laws, 1882, p. 113; Laws, 1928, ch. 153.
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 91-7-283 - Defaulters to be listed and cited

Unless the court or chancellor has, by order entered on the minutes, designated another annual term for that purpose, it shall be the duty of the clerk at the first term of the chancery court of his county in each year to make up a complete and impartial list of all executors and administrators and guardians who have failed to present and settle their accounts within the year preceding. In each and every such case, the clerk shall enter the same on the motion docket and thereby move the court for an order on the defaulter; and the court shall, in each and every such case, order a citation to be issued for the defaulter and for the surety or sureties on his bond, returnable forthwith or at the next term of court. On the return thereof, unless sufficient cause be shown for such failure and that the same was not the result of negligence or contumacy, the court shall proceed against the delinquent executor, administrator, or guardian for a contempt, and may also remove him from office. If there be no such defaulter, the clerk shall so report and obtain an order reciting his said report to that effect, which order shall be entered on the minutes of the term. If there be any defaulter and the clerk shall fail to fully prepare the list and to enter the motions herein required, he shall not be entitled to any allowance for attendance on the term nor to any annual compensation for ex officio services to the court. Any allowance by the court contrary to the terms of this section may nevertheless be recovered from the said clerk on his bond by the state tax commission, or by any other office similarly empowered, for the benefit of the county treasury; in addition to which, the clerk shall be liable on his bond at the suit of any party in interest who has been damaged in any case by the said failure of the clerk.
Codes, Hutchinson's 1848, ch. 49, art. 1 (94); 1857, ch. 60, art. 105; 1871, § 1165; 1880, § 2068; 1892, § 1949; 1906, § 2123; Hemingway's 1917, § 1791; 1930, § 1735; 1942, § 634.
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 91-7-285 - Process for derelict fiduciary

Whenever it shall appear of record, or otherwise, that any executor, administrator, guardian, receiver, or fiduciary appointed by any chancery court is derelict in the performance of any duty required of him by law or the orders of the court or chancellor, or is liable to be punished or removed for any cause prescribed by law, then such court or the chancellor in vacation may, on the application of any interested party or of his or its own motion, order a citation for such executor, administrator, guardian, receiver, or other fiduciary, as the case may be, to be issued by the clerk of the court in which such cause or matter is pending, returnable forthwith or at such time and place, in term time or vacation, as may be specified in such order, to appear and show cause why he should not be removed or punished for contempt, either or both, as may be directed in such order. The citation shall be directed to the sheriff of the county of the residence of such fiduciary, if known to the clerk; otherwise, it shall be directed to the sheriff of the county where such matter or cause is pending, and shall be executed without advance payment of fees.
Codes, 1942, § 635; Laws, 1936, ch. 239.
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 91-7-287 - Publication of process for defaulter

If the citation be returned unexecuted because such fiduciary cannot be found after diligent search by the sheriff to whom it is directed, then the clerk shall make and file among the papers in the cause an affidavit stating such information as he may have been able to ascertain after diligent inquiry concerning the whereabouts and post office address of such fiduciary. If by such affidavit it shall appear that the whereabouts of such fiduciary is unknown to the clerk or that he is a nonresident of, or absents himself from, this state, then the court or chancellor shall make an order directing the issuance and publication of an alias citation for such fiduciary to appear and show cause why he should not be removed, at a time and place specified therein, not less than thirty days from the date of such order. The sheriff of the county where such matter or cause is pending shall thereupon make publication of such citation by posting a true copy thereof at three public places in his county, one of which shall be at the courthouse, not less than twenty-one days before the return day thereof, and shall make return of the citation showing such publication and the date and places where such copies were posted. If the clerk's affidavit shall show the post office address of such fiduciary, then the clerk shall, at the time of issuing such alias citation for publication, mail postage prepaid a true copy thereof to him at such address and note the fact on his general docket in the same manner and with the same effect as in other like cases. On the return of such alias citation, executed by publication as aforesaid, the court or chancellor shall be as fully empowered to proceed as if such fiduciary had been personally served in this state.
Codes, 1942, § 636; Laws, 1936, ch. 239.
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 91-7-289 - Hearing for derelict fiduciary

If on the return day it shall appear that the citation has been served in this state, or publication made in the manner required by Section
91-7-287
, the court or chancellor may proceed to hear the matter, and may remove or punish such fiduciary, either or both, or make such other order therein as may seem just and proper; or the court or chancellor may continue the matter for further hearing and final determination to such time and place as may be designated in the order of continuance.
Codes, 1942, § 637; Laws, 1936, ch. 239.
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 91-7-291 - Final accounts

When the estate has been administered by payment of the debts and the collection of the assets, it shall be the duty of the executor or administrator, unless the court or chancellor, on cause shown, shall otherwise order, to make and file a final settlement of the administration by making out and presenting to the court, under oath, his final account, which shall contain a distinct statement of all the balances of the annual accounts, either as debits or credits, all other charges and disbursements, amounts received and not contained in any previous annual account, and a statement of the kind and condition of all assets in his hands. There shall be no requirement for filing a final account if the requirement of filing accountings is waived in the testator's will. The court or the chancellor may also waive the requirement for filing a final account in an intestate estate upon petition to the court by the administrator. Even though the requirement of filing accountings or the final account 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 a final account upon the timely petition of a beneficiary or other interested party if the court or the chancellor determines that the filing of a final account is necessary or advisable and the petition is timely filed.
Codes, 1857, ch. 60, art. 106; 1871, § 1166; 1880, § 2069; 1892, § 1950; 1906, § 2124; Hemingway's 1917, § 1792; 1930, § 1736; 1942, § 638; Laws, 1960, ch. 217, § 7.
Amended by Laws, 2019, ch. 458, HB 1375,§ 9, 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 91-7-293 - Names of interested parties to be stated

The executor or administrator shall file with his final account a written statement, under oath, of the names of the heirs or devisees and legatees of the estate, so far as known, specifying particularly which, if any, are under the age of twenty-one years, of unsound mind, or convict of felony; the places of residence of each and their post-office address if they be nonresidents or, if the post-office address be unknown, the statement must aver that diligent inquiry has been made to learn the same without avail and giving the names and places of residence of the guardians of all who have guardians, so far as known.
Codes, 1892, § 1951; 1906, § 2125; Hemingway's 1917, § 1793; 1930, § 1737; 1942, § 639.
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 91-7-295 - Summons or publication for final account

The final account so presented, with the statement as to parties, shall remain on file, subject to the inspection of any person interested. Summons shall be issued or publication be made for all parties interested, as in other suits in the chancery court, to appear at a term of the court, or before the chancellor in vacation, not less than thirty (30) days from the service of the summons or the completion of the publication, and show cause, if any they can, why the final account of the executor, administrator, or guardian should not be allowed and approved.
Codes, Hutchinson's 1848, ch. 49, art. 20 (12); 1857, ch. 60, art. 106; 1871, § 1167; 1880, § 2069; 1892, § 1952; 1906, § 2126; Hemingway's 1917, § 1794; 1930, § 1738; 1942, § 640; Laws, 1960, ch. 222.
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 91-7-297 - Hearing and adjudication of final account

If process be returned executed, or publication has been made, the court shall examine the final account so presented and filed, hear the evidence in support of it, and the objections and evidence against it. If the court shall be satisfied that the account is correct, it shall make a final decree of approval and allowance, and shall, at the same time, order the executor or administrator to make distribution of the property in his hands. In proceedings for a final settlement, the court may allow any party interested to surcharge and falsify any annual or partial settlement of the executor or administrator.
Codes, 1857, ch. 60, art. 107; 1871, § 1169; 1880, § 2070; 1892, § 1953; 1906, § 2127; Hemingway's 1917, § 1795; 1930, § 1739; 1942, § 641; Laws, 1960, ch. 217, § 8.
Amended by Laws, 2019, ch. 458, HB 1375,§ 10, 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 91-7-299 - Allowance to executor or administrator

On the final settlement the court shall make allowance to the executor or administrator for the property or the estate which has been lost, or has perished or decreased in value, without his fault; and profit shall not be allowed him in consequence of increase. The court shall allow to an executor or administrator, as compensation for his trouble, either in partial or final settlements, such sum as the court deems proper considering the value and worth of the estate and considering the extent or degree of difficulty of the duties discharged by the executor or administrator; in addition to which the court may allow him his necessary expenses, including a reasonable attorney's fee, to be assessed out of the estate, in an amount to be determined by the court.
Codes, Hutchinson's 1848, ch. 49, art. 4 (3); 1857, ch. 60, art. 109; 1871, § 1171; 1880, § 2072; 1892, § 1956; 1906, § 2130; Hemingway's 1917, § 1798; 1930, § 1740; 1942, § 642; Laws, 1989, ch. 443, § 1, eff. 7/1/1989.
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 91-7-301 - Personal estate sold for division

When personal property of a deceased person cannot be equally divided in kind, the court may, on petition, decree a sale of such property and order a distribution of the proceeds; and such sale may be for cash or on credit, as the court may direct. All parties interested as distributees or legatees shall be cited by summons or by publication, but if the value of the property do not exceed Five Hundred Dollars ($500.00), notice to the distributees or legatees shall not be necessary.
Codes, Hutchinson's 1848, ch. 49, art. 1 (82); 1857, ch. 60, art. 116; 1871, § 1173; 1880, § 2077; 1892, § 1903; 1906, § 2078; Hemingway's 1917, § 1745; 1930, § 1741; 1942, § 643.
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 91-7-303 - Distribution compelled

Any person entitled to a distributive share of an intestate's estate, or to a legacy under a last will and testament, may, at any time after the expiration of six months from the grant of letters testamentary or of administration, petition the court therefor, setting forth his claim; and the administrator or executor and all persons interested as distributees or legatees shall be cited to appear. Upon return of summons executed or publication made, the court may order the administrator or executor to make the distribution or to pay the legacies according to the rights of the parties, as may be adjudged; but the administrator or executor shall not be compelled, before final settlement, to make distribution or to pay any legacy until bond, with sufficient sureties, be given by the distributee or legatee, conditioned to refund his proportionate part of any debts or demands that may afterwards appear against the estate, and the costs of recovering the same.
Codes, Hutchinson's 1848, ch. 49, art. 1 (91); 1857, ch. 60, art. 118; 1871, § 1175; 1880, § 2076; 1892, § 1961; 1906, § 2137; Hemingway's 1917, § 1805; 1930, § 1742; 1942, § 644; Laws, 1924, ch. 152.
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 91-7-305 - Distribution of assets in kind to surviving spouse

(1)
Whenever under any last will and testament or trust indenture the executor, trustee, or other fiduciary is required to, or has an option to, satisfy a bequest, devise, or transfer in trust to or for the benefit of the surviving spouse of a decedent by a transfer of assets of the estate or trust in kind at the values as finally determined for federal estate tax purposes, the executor, trustee, or other fiduciary shall, in the absence of contrary provisions in such will or trust indenture, satisfy such bequest, devise, or transfer by the distribution of assets, including cash, fairly representative of the appreciation or depreciation in the value of all property available for distribution in satisfaction of such bequest, devise, or transfer.
(2)
This section shall apply to wills of decedents dying before or after May 20, 1966, and to trust agreements executed before or after such date; provided, however, that this section shall not be applied so as to require repayment to the fiduciary of any distributions actually made prior to such date, nor to impose any obligation or liability upon the fiduciary by reason of distributions actually made prior to such date.
(3)
The enactment of this statute is not intended to imply that the present law of this state, relating to selection of property by fiduciaries in the circumstances herein described, has been otherwise than as set forth in subsection (1) hereof.
Codes, 1942, § 644.7; Laws, 1966, ch. 393, §§ 1-4, 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 91-7-307 - Delaying settlement

If an executor or administrator improperly delay making a final settlement, he shall be summoned to show cause why a final settlement should not be made. On the return of summons executed, if a final settlement be not made or cause shown why it cannot then be made, the court may fine such delinquent in any sum not exceeding Five Hundred Dollars ($500.00) and imprison him not exceeding three months, for a contempt. Any executor or administrator whose letters have been revoked may be dealt with in like manner for failure to make settlement.
Codes, 1857, ch. 60, art. 108; 1871, § 1170; 1880, § 2071; 1892, § 1955; 1906, § 2129; Hemingway's 1917, § 1797; 1930, § 1743; 1942, § 645.
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 91-7-309 - Accounts may be opened and falsified in two years

Any person interested may, at any time within two years after final settlement, by bill or petition, open the account of any executor, administrator, or guardian and surcharge and falsify the same, and not after, saving to minors and persons of unsound mind the same time after the removal of their disabilities. Such bills or petitions may be filed without leave of the court or chancellor, and evidence shall be admissible in such cases to show the falsity of the account. Such bills and petitions shall not be governed by the rules applicable to bills of review in chancery, but in such cases it will be the duty of the court to correct any errors of law or fact occurring in the final settlement of the executor, administrator, or guardian.
Codes, 1880, § 2075; 1892, § 1960; 1906, § 2136; Hemingway's 1917, § 1804; 1930, § 1744; 1942, § 646; Laws, 1894, ch. 53.
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 91-7-311 - Bonds to be recorded; suits thereon

All bonds required and given in the administration of estate, testate and intestate, and the bond or bonds of the county administrator shall be recorded in the office of the clerk of the chancery court of the county, in a book kept for that purpose, and may be put in suit by any person injured by a breach thereof, he being responsible for costs. Any such bond shall not be void upon the first recovery, but may be sued on from time to time until the whole penalty shall have been recovered. When the whole penalty shall be recovered, the chancery court shall apportion the recovery, according to the rights of parties.
Codes, 1892, § 1854; 1906, § 2028; Hemingway's 1917, § 1693; 1930, § 1745; 1942, § 647.
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 91-7-313 - Suit for devastavit

Parties interested in an estate as legatees, distributees, or creditors may, either jointly or severally, institute proceedings upon the bond of the executor or administrator or guardian for a devastavit against the principal and his surety without first having instituted suit against the executor or administrator or guardian to establish a devastavit. When any executor, administrator or guardian is a nonresident of, or shall absent himself from, or conceal himself within this state so that personal service of summons or citation or attachment cannot be made upon him, and such nonresident, absent or concealed executor, administrator, or guardian shall fail to file his accounts and make his settlements as required by law, or shall have unlawfully removed any of the property committed to his trust, or shall have been guilty of any misappropriation or devastavit, it shall be the duty of the court, on the motion of the clerk as elsewhere provided in this chapter, or on the motion of any party in interest, to proceed against the surety or sureties on the bond of said executor, administrator, or guardian, in respect to all of which matters the said surety or sureties shall be taken and held as principal. In proceeding as aforementioned, the default of the said executor, administrator, or guardian in failing to file and settle his accounts as required by law shall be taken as prima facie evidence that the said defaulter has misappropriated the money or property, or both, which may be disclosed by the inventory, appraisement, or by any other of the official papers in the case, or which may be shown by competent evidence outside of said record, to have come into the possession of said defaulter.
Codes, Hutchinson's 1848, ch. 49, art. 12 (4); 1857, ch. 60, art. 123; 1871, § 1180; 1880, § 2084; 1892, § 1855; 1906, § 2030; Hemingway's 1917, § 1695; 1930, § 1746; 1942, § 648.
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 91-7-315 - New bond of executors and administrators may be required

If the bond of an executor or an administrator, whether taken at the time of the grant of letters or afterwards, be insufficient, the court or chancellor or clerk may, on five days' notice to the executor or administrator, require him to give a new bond; and in default thereof the letters shall be revoked and administration de bonis non granted to some competent person. If such new bond be given, it shall be cumulative security and shall bind the obligors therein for past as well as future liabilities.
Codes, Hutchinson's 1848, ch. 49, art. 1 (64); 1857, ch. 60, art. 66; 1871, § 1121; 1880, § 2012; 1892, § 1862; 1906, § 2037; Hemingway's 1917, § 1702; 1930, § 1747; 1942, § 649.