reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 27 - MISSISSIPPI REAL PROPERTY TRANSFER-ON-DEATH ACT (§§ 91-27-1 — 91-27-37) › Section 91-27-33 - Optional form for transfer-on-death deed

The following form may be used to create a transfer-on-death deed. This chapter governs the effect of this or any other instrument used to create a transfer-on-death deed:
REVOCABLE TRANSFER-ON-DEATH DEED
NOTICE TO OWNER
You should carefully read all information on the other side of this form. YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM.
This form must be recorded before your death, or it will not be effective.
IDENTIFYING INFORMATION
Owner or Owners Making This Deed:
Printed name
Mailing address
Printed name
Mailing address
Legal description of the property: __________
PRIMARY BENEFICIARY
I designate the following beneficiary if the beneficiary survives me.
Printed name
Mailing address, if available
ALTERNATE BENEFICIARY - Optional
If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.
Printed name
Mailing address, if available
TRANSFER-ON-DEATH
At my death, I transfer my interest in the described property to the beneficiaries as designated above.
Before my death, I have the right to revoke this deed as set forth in Section
97-27-21
, Mississippi Code of 1972.
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
Signature
Date
Signature
Date
ACKNOWLEDGMENT
(insert acknowledgment for deed here)
Added by Laws, 2020, ch. 406, SB 2851,§ 17, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 27 - MISSISSIPPI REAL PROPERTY TRANSFER-ON-DEATH ACT (§§ 91-27-1 — 91-27-37) › Section 91-27-35 - Optional form of revocation

The following form may be used to create an instrument of revocation of a transfer-on-death deed. This chapter governs the effect of this or any other instrument used to revoke a transfer-on-death deed.
REVOCATION OF TRANSFER-ON-DEATH DEED
NOTICE TO OWNER
This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.
IDENTIFYING INFORMATION
Owner or Owners of Property Making This Revocation:
Printed name
Mailing address
Printed name
Mailing address
Legal description of the property: __________
REVOCATION
I revoke all my previous transfers of this property by transfer-on-death deed.
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
Signature
Date
Signature
Date
ACKNOWLEDGMENT
(insert acknowledgment here)
Added by Laws, 2020, ch. 406, SB 2851,§ 18, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 27 - MISSISSIPPI REAL PROPERTY TRANSFER-ON-DEATH ACT (§§ 91-27-1 — 91-27-37) › Section 91-27-37 - Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
et seq., but does not modify, limit, or supersede Section 101(c) of that act,
15 U.S.C. Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 U.S.C. Section 7003(b)
.
Added by Laws, 2020, ch. 406, SB 2851,§ 19, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-1 - Will provisions made before dissolution of marriage

(a)
In this section:
(1)
"Irrevocable trust" means a trust:
(A)
For which the trust instrument was executed before the dissolution of a testator's marriage; and
(B)
That the testator was not solely empowered by law or by the trust instrument to revoke.
(2)
"Relative" means an individual related to another individual by:
(A)
Consanguinity, as determined under Section
91-29-17
; or
(B)
Affinity, as determined under Section
91-29-19
.
(b)
If, after the testator makes a will, the testator's marriage is dissolved by divorce, annulment, or a declaration that the marriage is void, unless the will expressly provides otherwise:
(1)
All provisions in the will, including all fiduciary appointments, shall be read as if the former spouse and each relative of the former spouse who is not a relative of the testator had failed to survive the testator; and
(2)
All provisions in the will disposing of property to an irrevocable trust in which a former spouse or a relative of a former spouse who is not a relative of the testator is a beneficiary or is nominated to serve as trustee or in another fiduciary capacity or that confers a general or special power of appointment on a former spouse or a relative of a former spouse who is not a relative of the testator shall be read to instead dispose of the property to a trust the provisions of which are identical to the irrevocable trust, except any provision in the irrevocable trust:
(A)
Conferring a beneficial interest or a general or special power of appointment to the former spouse or a relative of the former spouse who is not a relative of the testator shall be treated as if the former spouse and each relative of the former spouse who is not a relative of the testator had disclaimed the interest granted in the provision; and
(B)
Nominating the former spouse or a relative of the former spouse who is not a relative of the testator to serve as trustee or in another fiduciary capacity, or trust protector, trust advisor, investment advisor or similar capacity, shall be treated as if the former spouse and each relative of the former spouse who is not a relative of the testator had died immediately before the dissolution of the marriage.
(c)
Subsection (b)(2) does not apply if one (1) of the following provides otherwise:
(1)
A court order; or
(2)
An express provision of a contract relating to the division of the marital estate entered into between the testator and the testator's former spouse before, during, or after the marriage.
Added by Laws, 2020, ch. 406, SB 2851,§ 20, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-3 - Treatment of decedent's former spouse

A person is not a surviving spouse of a decedent if the person's marriage to the decedent has been dissolved by divorce, annulment, or a declaration that the marriage is void, unless:
(1)
As the result of a subsequent marriage, the person is married to the decedent at the time of death; and
(2)
The subsequent marriage is not declared void.
Added by Laws, 2020, ch. 406, SB 2851,§ 21, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-5 - Definitions

In this chapter:
(1)
"Disposition or appointment of property" includes a transfer of property to or a provision of another benefit to a beneficiary under a trust instrument.
(2)
"Divorced individual" means an individual whose marriage has been dissolved by divorce, annulment, or a declaration that the marriage is void.
(3)
"Relative" means an individual who is related to another individual by consanguinity or affinity, as determined under Sections
91-29-17
and
91-25-19
.
(4)
"Revocable," with respect to a disposition, appointment, provision, or nomination, means a disposition to, appointment of, provision in favor of, or nomination of an individual's spouse that is contained in a trust instrument executed by the individual before the dissolution of the individual's marriage to the spouse and that the individual was solely empowered by law or by the trust instrument to revoke regardless of whether the individual had the capacity to exercise the power at that time.
Added by Laws, 2020, ch. 406, SB 2851,§ 22, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-7 - Revocation of certain nontestamentary transfers; treatment of former spouse as beneficiary under certain policies or plans

(a)
The dissolution of the marriage revokes a provision in a trust instrument that was executed by a divorced individual as settlor before the divorced individual's marriage was dissolved and that:
(1)
Is a revocable disposition or appointment of property made to the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual;
(2)
Revocably confers a general or special power of appointment on the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; or
(3)
Revocably nominates the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual to serve:
(A)
As a personal representative, trustee, conservator, agent, or guardian; or
(B)
In another fiduciary or representative capacity.
(b)
Subsection (a) does not apply if one (1) of the following provides otherwise:
(1)
A court order;
(2)
The express terms of a trust instrument executed by the divorced individual before the individual's marriage was dissolved; or
(3)
An express provision of a contract relating to the division of the marital estate entered into between the divorced individual and the individual's former spouse before, during, or after the marriage.
(c)
Sections
91-29-21
and
91-29-23
govern the designation of a former spouse as a beneficiary of certain life insurance policies or as a beneficiary under certain retirement benefit plans or other financial plans.
Added by Laws, 2020, ch. 406, SB 2851,§ 23, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-9 - Effect of revocation

(a)
An interest granted in a provision of a trust instrument that is revoked under Section
91-29-7(a)(1) or (2)
passes as if the former spouse of the divorced individual who executed the trust instrument and each relative of the former spouse who is not a relative of the divorced individual disclaimed the interest granted in the provision.
(b)
An interest granted in a provision of a trust instrument that is revoked under Section
91-29-7(a)(3)
passes as if the former spouse and each relative of the former spouse who is not a relative of the divorced individual died immediately before the dissolution of the marriage.
Added by Laws, 2020, ch. 406, SB 2851,§ 24, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-11 - Liability of certain purchasers or recipients of certain payments, benefits, or property

A bona fide purchaser of property from a divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual or a person who receives from the former spouse or any relative of the former spouse who is not a relative of the divorced individual a payment, benefit, or property in partial or full satisfaction of an enforceable obligation:
(1)
Is not required by this chapter to return the payment, benefit, or property; and
(2)
Is not liable under this chapter for the amount of the payment or the value of the property or benefit.
Added by Laws, 2020, ch. 406, SB 2851,§ 25, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-13 - Liability of former spouse for certain payments, benefits or property

A divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual who, not for value, receives a payment, benefit, or property to which the former spouse or the relative of the former spouse who is not a relative of the divorced individual is not entitled as a result of Sections
91-29-7 (a) and (b)
:
(1)
Shall return the payment, benefit, or property to the person who is entitled to the payment, benefit, or property under this chapter; or
(2)
Is personally liable to the person described by paragraph (1) for the amount of the payment or the value of the benefit or property received, as applicable.
Added by Laws, 2020, ch. 406, SB 2851,§ 26, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-15 - Certain trusts with divorced individuals as joint settlors

(a)
This section applies only to a trust created under a trust instrument that:
(1)
Was executed by two (2) married individuals as settlors whose marriage to each other is subsequently dissolved; and
(2)
Includes a provision described by Section
91-29-7(a)
.
(b)
On the death of one (1) of the divorced individuals who is a settlor of a trust to which this section applies, the trustee shall divide the trust into two (2) trusts, each of which shall be composed of the property attributable to the contributions of only one (1) of the divorced individuals.
(c)
An action authorized in a trust instrument described by subsection (a) that requires the actions of both divorced individuals may be taken with respect to a trust established in accordance with subsection (b) from the surviving divorced individual's contributions solely by that divorced individual.
(d)
The provisions of this chapter apply independently to each trust established in accordance with subsection (b) as if the divorced individual from whose contributions the trust was established had been the only settlor to execute the trust instrument described by subsection (a).
(e)
This section does not apply if one (1) of the following provides otherwise:
(1)
A court order;
(2)
The express terms of a trust instrument executed by the two (2) divorced individuals before their marriage was dissolved; or
(3)
An express provision of a contract relating to the division of the marital estate entered into between the two (2) divorced individuals before, during, or after their marriage.
Added by Laws, 2020, ch. 406, SB 2851,§ 27, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-17 - Designation of former spouse or relative of former spouse on certain multiple-party accounts

(a)
In this section:
(1)
"Beneficiary," "multiple-party account, "party," "P.O.D. account," "P.O.D. payee," "T.O.D. account," and T.O.D. payee" have the meanings assigned in Title 91, Chapter 21, Mississippi Code of 1972.
(2)
"Public retirement system" has the meaning assigned by Section
25-11-101
.
(b)
If a decedent established a P.O.D. account, T.O.D. account, or other multiple-party account and the decedent's marriage was later dissolved by divorce, annulment, or a declaration that the marriage is void, any payable on request after death designation provision with respect to that account in favor of the decedent's former spouse or a relative of the former spouse who is not a relative of the decedent is not effective as to that spouse or relative unless:
(1)
The court decree dissolving the marriage designates the former spouse or the former spouse's relative as the P.O.D. payee, T.O.D. payee, or beneficiary; or
(2)
After the marriage was dissolved, the decedent redesignated the former spouse or the former spouse's relative as the P.O.D. payee, T.O.D. payee, or beneficiary; or
(3)
The former spouse or the former spouse's relative is designated to receive the proceeds or benefits in trust for, on behalf of, or for the benefit of a child or dependent of either the decedent or the former spouse.
(c)
If a designation is not effective under subsection (b), a multiple-party account is payable to the named alternative P.O.D. payee, T.O.D. payee, or beneficiary or, if an alternative P.O.D. payee, T.O.D. payee, or beneficiary is not named, to the estate of the decedent.
(d)
A financial institution or other person obligated to pay an account described by subsection (b) that pays the account to the former spouse or the former spouse's relative as P.O.D. payee, T.O.D. payee, or beneficiary under a designation that is not effective under subsection (b) is liable for payment of the account to the person provided by subsection (c) only if:
(1)
Before payment of the account to the designated P.O.D. payee, T.O.D. payee, or beneficiary, the payor receives written notice at the home office or principal office of the payor from an interested person that the designation of the P.O.D. payee, T.O.D. payee, or beneficiary is not effective under subsection (b); and
(2)
The payor has not interpleaded the account funds into the registry of a court of competent jurisdiction in accordance with the Mississippi Rules of Civil Procedure.
(e)
This section does not affect the right of a former spouse to assert an ownership interest in an undivided multiple-party account described by subsection (b).
(f)
This section does not apply to the disposition of a beneficial interest in a retirement benefit or other financial plan of a public retirement system.
Added by Laws, 2020, ch. 406, SB 2851,§ 28, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-19 - Determination of consanguinity

(a)
Two (2) individuals are related to each other by consanguinity if:
(1)
One (1) is a descendant of the other; or
(2)
They share a common ancestor.
(b)
An adopted child is considered to be a child of the adoptive parent for this purpose.
Added by Laws, 2020, ch. 406, SB 2851,§ 29, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-23 - Pre-decree designation of ex-spouse as beneficiary of life insurance

(a)
If a decree of divorce or annulment is rendered after an insured has designated the insured's spouse as a beneficiary under a life insurance policy in force at the time of rendition, a provision in the policy in favor of the insured's former spouse is not effective unless:
(1)
The decree designates the insured's former spouse as the beneficiary;
(2)
The insured redesignates the former spouse as the beneficiary after rendition of the decree; or
(3)
The former spouse is designated to receive the proceeds in trust for, on behalf of, or for the benefit of a child or a dependent of either former spouse.
(b)
If a designation is not effective under subsection (a), the proceeds of the policy are payable to the named alternative beneficiary or, if there is not a named alternative beneficiary, to the estate of the insured.
(c)
An insurer who pays the proceeds of a life insurance policy issued by the insurer to the beneficiary under a designation that is not effective under subsection (a) is liable for payment of the proceeds to the person or estate provided by subsection (b) only if:
(1)
Before payment of the proceeds to the designated beneficiary, the insurer receives written notice at the home office of the insurer from an interested person that the designation is not effective under subsection (a); and
(2)
The insurer has not interpleaded the proceeds into the registry of a court of competent jurisdiction in accordance with the Mississippi Rules of Civil Procedure.
Added by Laws, 2020, ch. 406, SB 2851,§ 31, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-25 - Pre-decree designation of ex-spouse as beneficiary in retirement benefits and other financial plans

(a)
If a decree of divorce or annulment is rendered after a spouse, acting in the capacity of a participant, annuitant, or account holder, has designated the other spouse as a beneficiary under an individual retirement account, employee stock option plan, stock option, or other form of savings, bonus, profit-sharing, or other employer plan or financial plan of an employee or a participant in force at the time of rendition, the designating provision in the plan in favor of the other former spouse is not effective unless:
(1)
The decree designates the other former spouse as the beneficiary;
(2)
The designating former spouse redesignates the other former spouse as the beneficiary after rendition of the decree; or
(3)
The other former spouse is designated to receive the proceeds or benefits in trust for, on behalf of, or for the benefit of a child or dependent of either former spouse.
(b)
If a designation is not effective under subsection (a), the benefits or proceeds are payable to the named alternative beneficiary or, if there is not a named alternative beneficiary, to the designating former spouse.
(c)
A business entity, employer, pension trust, insurer, financial institution, or other person obligated to pay retirement benefits or proceeds of a financial plan covered by this section who pays the benefits or proceeds to the beneficiary under a designation of the other former spouse that is not effective under subsection (a) is liable for payment of the benefits or proceeds to the person provided by subsection (b) only if:
(1)
Before payment of the benefits or proceeds to the designated beneficiary, the payor receives written notice at the home office or principal office of the payor from an interested person that the designation of the beneficiary or fiduciary is not effective under subsection (a); and
(2)
The payor has not interpleaded the benefits or proceeds into the registry of a court of competent jurisdiction in accordance with the Mississippi Rules of Civil Procedure.
(d)
This section does not affect the right of a former spouse to assert an ownership interest in an undivided pension, retirement, annuity, or other financial plan described by this section as provided by this chapter.
(e)
This section does not apply to the disposition of a beneficial interest in a retirement benefit or other financial plan of a public retirement system as defined by Section
25-11-101
et seq.
Added by Laws, 2020, ch. 406, SB 2851,§ 32, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 29 - EFFECT OF DISSOLUTION OF MARRIAGE (§§ 91-29-1 — 91-29-29) › Section 91-29-29 - Determination of affinity

(a)
Two (2) individuals are related to each other by affinity if:
(1)
They are married to each other; or
(2)
The spouse of one (1) of the individuals is related by consanguinity to the other individual.
(b)
The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage.
Added by Laws, 2020, ch. 406, SB 2851,§ 30, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-1 - Short title

This chapter may be cited as the Uniform Partition of Heir Property Act.
Added by Laws, 2020, ch. 433, SB 2553,§ 1, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-3 - Definitions

In this chapter:
(1)
"Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
(2)
"Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.
(3)
"Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual.
(4)
"Determination of value" means a court order determining the fair market value of heir property under Section
91-31-11
or
91-31-19
or adopting the valuation of the property agreed to by all cotenants.
(5)
"Heir property" means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:
(A)
There is no agreement in a record binding all the cotenants which governs the partition of the property;
(B)
One or more of the cotenants acquired title from a relative, whether living or deceased; and
(C)
Any of the following applies:
(i)
Twenty percent (20%) or more of the interests are held by cotenants who are relatives;
(ii)
Twenty percent (20%) or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii)
Twenty percent (20%) or more of the cotenants are relatives.
(6)
"Partition by sale" means a court-ordered sale of the entire heir property, whether by auction, sealed bids, or open-market sale conducted under Section
91-31-19
.
(7)
"Partition in kind" means the division of heir property into physically distinct and separately titled parcels.
(8)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9)
"Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this chapter.
Added by Laws, 2020, ch. 433, SB 2553,§ 2, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-5 - Applicability; relation to other law

Applicability; relation to other law.
(a)
This chapter applies to partition actions filed on or after July 1, 2020.
(b)
In an action to partition real property under Title 11, Chapter 21, Mississippi Code of 1972, the court shall determine whether the property is heir property. If the court determines that the property is heir property, the property must be partitioned under this chapter unless all of the cotenants otherwise agree in a record.
(c)
This chapter supplements Title 11, Chapter 21, Mississippi Code of 1972, and, if an action is governed by this chapter, replaces provisions that are inconsistent with this chapter.
Added by Laws, 2020, ch. 433, SB 2553,§ 3, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-7 - Service; notice by posting

(a)
This chapter does not limit or affect the method by which service of a complaint in a partition action may be made.
(b)
If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heir property, the plaintiff, not later than ten (10) days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
Added by Laws, 2020, ch. 433, SB 2553,§ 4, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-9 - Masters

If the court appoints masters under Section
11-21-15
, each master, in addition to the requirements and disqualifications applicable to masters in Title 11, Chapter 21, Mississippi Code of 1972, must be disinterested and impartial and not a party to or a participant in the action.
Added by Laws, 2020, ch. 433, SB 2553,§ 5, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-11 - Determination of value

(a)
Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heir property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d).
(b)
If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(c)
If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(d)
If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(e)
If an appraisal is conducted pursuant to subsection (d), not later than ten (10) days after the appraisal is filed, the court shall send notice to each party with a known address, stating:
(1)
The appraised fair market value of the property;
(2)
That the appraisal is available at the clerk's office; and
(3)
That a party may file with the court an objection to the appraisal not later than thirty (30) days after the notice is sent, stating the grounds for the objection.
(f)
If an appraisal is filed with the court pursuant to subsection (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection (e), whether or not an objection to the appraisal is filed under subsection (e)(3). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
(g)
After a hearing under subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
Added by Laws, 2020, ch. 433, SB 2553,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-15 - Partition alternatives

(a)
If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section
91-31-13
, or if after conclusion of the buyout under Section
91-31-13
, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Section
91-31-17
, finds that partition in kind will result in manifest prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two (2) or more parties to have their individual interests aggregated.
(b)
If the court does not order partition in kind under subsection (a), the court shall order partition by sale pursuant to Section
91-31-19
or, if no cotenant requested partition by sale, the court shall dismiss the action.
(c)
If the court orders partition in kind pursuant to subsection (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(d)
If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to Section
91-31-13
, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.
Added by Laws, 2020, ch. 433, SB 2553,§ 8, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-17 - Considerations for partition in kind

(a)
In determining under Section
91-31-15(a)
whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following:
(1)
Whether the heir property practicably can be divided among the cotenants;
(2)
Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(3)
Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(4)
A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(5)
The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(6)
The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(7)
Any other relevant factor.
(b)
The court may not consider any one (1) factor in subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances.
Added by Laws, 2020, ch. 433, SB 2553,§ 9, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-19 - Open-market sale, sealed bids or auction

(a)
If the court orders a sale of heir property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(b)
If the court orders an open-market sale and the parties, not later than ten (10) days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(c)
If the broker appointed under subsection (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value:
(1)
The broker shall comply with the reporting requirements in Section
91-31-21
; and
(2)
The sale may be completed in accordance with state law other than this chapter.
(d)
If the broker appointed under subsection (b) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:
(1)
Approve the highest outstanding offer, if any;
(2)
Redetermine the value of the property and order that the property continue to be offered for an additional time; or
(3)
Order that the property be sold by sealed bids or at an auction.
(e)
If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under Section
11-21-27
.
(f)
If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
Added by Laws, 2020, ch. 433, SB 2553,§ 10, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-21 - Report of open-market sale

(a)
Unless required to do so within a shorter time by Title 11, Chapter 21, Mississippi Code of 1972, a broker appointed under Section
91-31-19(b)
to offer heir property for open-market sale shall file a report with the court not later than seven (7) days after receiving an offer to purchase the property for at least the value determined under Section
91-31-11
or
91-31-19
.
(b)
The report required by subsection (a) must contain the following information:
(1)
A description of the property to be sold to each buyer;
(2)
The name of each buyer;
(3)
The proposed purchase price;
(4)
The terms and conditions of the proposed sale, including the terms of any owner financing;
(5)
The amounts to be paid to lienholders;
(6)
A statement of contractual or other arrangements or conditions of the broker's commission; and
(7)
Other material facts relevant to the sale.
Added by Laws, 2020, ch. 433, SB 2553,§ 11, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-23 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Laws, 2020, ch. 433, SB 2553,§ 12, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 31 - UNIFORM PARTITION OF HEIR PROPERTY (§§ 91-31-1 — 91-31-25) › Section 91-31-25 - Relation to electronic signatures in global and national commerce act

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act,
15 USC Section 7001
et seq., but does not modify, limit, or supersede Section 101(c) of that act,
15 USC Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 USC Section 7003(b)
.
Added by Laws, 2020, ch. 433, SB 2553,§ 13, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-1 - Certain marriages declared incestuous and void

(1)
The son shall not marry his grandmother, his mother, or his stepmother; the brother his sister; the father his daughter, or his legally adopted daughter, or his grand-daughter; the son shall not marry the daughter of his father begotten of his stepmother, or his aunt, being his father's or mother's sister, nor shall the children of brother or sister, or brothers and sisters intermarry being first cousins by blood. The father shall not marry his son's widow; a man shall not marry his wife's daughter, or his wife's daughter's daughter, or his wife's son's daughter, or the daughter of his brother or sister; and the like prohibition shall extend to females in the same degrees. All marriages prohibited by this subsection are incestuous and void.
(2)
Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.
Codes, Hutchinson's 1848, ch. 34, art. 1 (8); 1857, ch. 40, art. 8; 1871, §§ 1762, 1763; 1880, §§ 1145, 1146; 1892, §§ 2857, 2858; 1906, §§ 3242, 3243; Hemingway's 1917, §§ 2549, 2550; 1930, §§ 2359, 2360; 1942, §§ 457, 458; Laws, 1922, ch. 235; Laws, 1946, ch. 283, § 1; Laws, 1997, ch. 301, § 1, eff. 2/12/1997.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-3 - Unlawful marriage; effect of marrying outside of and returning to state

Any attempt to evade Section
93-1-1
by marrying out of this state and returning to it shall be within the prohibitions of said section.
Codes, 1880, § 1147; 1892, § 2859; 1906, § 3244; Hemingway's 1917, § 2551; 1930, § 2361; 1942, § 459.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-7 - [Repealed]

Repealed by Laws of 2012, ch. , § 2, eff. 7/1/2012.
Codes, 1942, § 461.1; Laws, 1957, Ex. ch. 17, § 2, eff. 7/1/1958.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-9 - Noncompliance with sections 93-1-5 and 93-1-7 not to affect validity of solemnized marriage followed by cohabitation

The failure to comply with the provisions of Sections
93-1-5
and
93-1-7
shall not affect the validity of any marriage duly solemnized, followed by cohabitation.
Codes, 1942, § 461.2; Laws, 1957, Ex. ch. 17, § 3, eff. 7/1/1958.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-11 - Hours for issuance of licenses

(1)
It shall be unlawful for any clerk to issue a marriage license between the hours of 6 p.m. and 8 a.m. When a clerk shall issue a license he shall certify on said license the time when it was issued.
(2)
Any clerk violating the provisions of this section shall be guilty of a misdemeanor, and shall be fined not more than Five Hundred Dollars ($500.00).
Codes, 1942, § 461.5; Laws, 1950, ch. 282, §§ 1, 2.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-13 - License essential

A marriage shall not be contracted or solemnized unless a license therefor shall first have been duly issued. No irregularity in the issuance of or omission in the license shall invalidate any marriage, nor shall this section be construed so as to invalidate any marriage that is good at common law.
Codes, 1892, § 2864; Laws, 1906, § 3249; Hemingway's 1917, § 2556; Laws, 1930, § 2367; Laws, 1942, § 465.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-15 - License and solemnization required for valid marriage

(1)
No marriage contracted after April 5, 1956 shall be valid unless the contracting parties shall have obtained a marriage license as otherwise required by law, and unless also the marriage, after such license shall have been duly issued therefor, shall have been performed by or before any person, religious society, institution, or organization authorized by Sections
93-1-17
and
93-1-19
to solemnize marriages. Failure in any case to comply with both prerequisites aforesaid, which shall also be construed as mandatory and not merely directory, shall render the purported marriage absolutely void and any children born as a result thereof illegitimate.
(2)
Nothing contained in this section shall be construed to affect the validity of any marriage, either ceremonial or common law, contracted prior to April 5, 1956.
Codes, 1942, § 465.5; Laws, 1956, ch. 239, §§ 1, 2.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-17 - By whom marriages may be solemnized

Any minister of the gospel ordained according to the rules of his church or society, in good standing; any Rabbi or other spiritual leader of any other religious body authorized under the rules of such religious body to solemnize rites of matrimony and being in good standing; any judge of the Supreme Court, Court of Appeals, circuit court, chancery court or county court may solemnize the rites of matrimony between any persons anywhere within this state who shall produce a license granted as herein directed. Justice court judges and members of the boards of supervisors may likewise solemnize the rites of matrimony within their respective counties. Any marriages performed by a mayor of a municipality prior to March 14, 1994 are valid provided such marriages satisfy the requirements of Section
93-1-18
.
Codes, Hutchinson's 1848, ch. 34, art. 1 (1); 1857, ch. 40, art. 1; 1871, § 1755; 1880, § 1150; 1892, § 2862; 1906, § 3247; Hemingway's 1917, § 2554; 1930, § 2365; 1942, § 463; Laws, 1962, ch. 490; Laws, 1984, ch. 412; Laws, 1993, ch. 518, § 35; Laws, 1994, ch. 330, § 2, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-18 - Validation of certain marriages performed by mayors

Any marriages performed by a mayor of a municipality prior to March 14, 1994 are validated unless they have been invalidated by a court of competent jurisdiction, provided that all other requirements of law have been met and the marriages would have been valid if performed by an official authorized by law to solemnize the rites of matrimony.
Laws, 1994, ch. 330, § 1, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-19 - Marriage may be solemnized according to religious customs

It shall be lawful for a pastor of any religious society in this state to join together in marriage such persons of the society to whom a marriage license has been issued, according to the rules and customs established by the society. The clerk or keeper of the minutes, proceedings, or other books of the religious society wherein such marriage shall be had and solemnized, shall make a true and faithful register of all marriages solemnized in the society, in a book kept by him for that purpose, and return a certificate of the same to the clerk of the circuit court of the county, to be by him recorded, under the penalty prescribed in Section
93-1-21
.
Codes, Hutchinson's 1848, ch. 34, art. 1 (2); 1857, ch. 40, art. 2; 1871, § 1756; 1880, § 1151; 1892, § 2863; 1906, § 3248; Hemingway's 1917, § 2555; 1930, § 2366; 1942, § 464.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-21 - [Repealed]

Repealed by Laws, 1978, ch. 406, § 2, eff. 1/1/1979.
Codes, Hutchinson's 1848, ch. 34, art. 1(7); 1857, ch. 40, art. 7; 1871, § 1761; 1880, § 1149; 1892, § 2861; 1906, § 3246; Hemingway's 1917, § 2553; 1930, § 2364; 1942, § 462
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-23 - Custodian of records relating to marriage licenses

The clerk of the circuit court in each county shall be the legal custodian of the records and papers relating to marriage licenses and certificates of marriage formerly kept by the clerk of the probate court of each county.
Codes, 1871, § 570; 1880, § 1492; 1892, § 2865; 1906, § 3250; Hemingway's 1917, § 2557; 1930, § 2368; 1942, § 466.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 1 - MARRIAGE (§§ 93-1-1 — 93-1-25) › Section 93-1-25 - Solicitation of marriage ceremony unlawful; penalty

(1)
It shall be unlawful for any person to solicit or cause to be solicited within any courthouse, premises or grounds or lots on which the courthouse may be located in any county within the State of Mississippi, for himself or for and on behalf of any minister or other person, the performance of a marriage ceremony.
(2)
Any person violating this section shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Twenty-five Dollars ($25.00) for the first conviction, and for any second or subsequent conviction, by a fine not exceeding One Hundred Dollars ($100.00), or by imprisonment in the county jail not exceeding thirty (30) days, or by both such fine and imprisonment.
Codes, 1942, § 466.5; Laws, 1956, ch. 240, §§ 1, 2.