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 91-7-317 - Relief of sureties and new bond

A surety on any bond of an executor, administrator, county administrator, or any other administrator apprehending danger of loss because of his suretyship may petition the court, chancellor, or clerk to require the executor or administrator to give a new bond and that he may be discharged from further liability. The court, chancellor, or clerk, on five days' notice to the executor or administrator, shall grant such petition and require a new bond, within a reasonable time, to be prescribed. In case of refusal or failure to give such new bond, the executor or administrator shall be removed and administration de bonis non granted. The acts done by the executor or administrator, and all proceedings that may have been instituted against him, shall be treated and conducted by or against his successor, as in case of the death of an executor or administrator. If the executor or administrator shall give new bond as required, the original bond shall from that time cease to be operative in future, but not as to previous liabilities; and the effect of such new bond shall be to bind the obligors therein for past as well as future liabilities.
Codes, Hutchinson's 1848, ch. 49, art. 1 (65); 1857, ch. 60, art. 66; 1871, § 1121; 1880, §§ 2002, 2012; 1892, § 1863; 1906, § 2038; Hemingway's 1917, § 1703; 1930, § 1748; 1942, § 650.
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 91-7-319 - Executors may receive credit for costs of bond in surety company

Any receiver, assignee, guardian, executor, administrator, or other fiduciary required by law or the order of any court or judge to give bond or other obligation, as such, may include, as a part of the lawful expense of executing this trust, and may receive credit for the sum paid to a guaranty or surety company, authorized under the laws of this state so to do, for becoming his surety on such bond, not to exceed the sum paid for such bond as determined by the rate on file with and approved by the Commissioner of Insurance for such company.
Codes, 1906, §§ 2029, 2440; Hemingway's 1917, §§ 1694, 2001; 1930, § 760; 1942, § 1675; Laws, 1900, chs. 93, 96; Laws, 1956, ch. 235; Laws, 1987, ch. 422, § 56, eff. 1/1/1988.
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 91-7-321 - Custodian appointed for distributive share

If any person entitled, under a decree of the chancery court, to a distributive share of an estate, or any other funds under the control of the court, shall not apply for it within six months after the decree of the court adjudicating his right thereto, a custodian of such share or interest may be appointed by the court, or the chancellor in vacation, without notice to any one. The court may make such order for the safekeeping or secure investment of the fund as may be proper.
Codes, 1880, § 2074; 1892, § 1959; 1906, § 2135; Hemingway's 1917, § 1803; 1930, § 1750; 1942, § 652.
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 91-7-323 - Wages due deceased employee

When any person, male or female, shall die leaving wages, salary or other compensation due him, it shall be lawful for the debtor to pay said wages, salary or other compensation to the wife or husband, as the case may be, of said deceased creditor if he or she leaves a wife or husband, as the case may be, surviving him or her; and if he or she shall leave no wife or husband surviving him or her, then to his or her children if adults; and if he or she shall leave no children and no wife or husband surviving him or her, then to his or her mother; and if he or she shall leave no wife or husband or children or mother surviving him or her, then to his or her father; and if he or she shall leave no wife or children or husband or mother or father surviving him or her, then to his or her brothers and sisters if adults. If such creditor shall have left no wife, husband, children, nor brothers nor sisters, nor father nor mother surviving him or her, or if any of his or her children surviving him or her shall be minors, or if any of his or her brothers or sisters surviving him or her, entitled to inherit, shall be minors, then it shall be lawful for said debtor to pay said wages, salary or other compensation to the chancery clerk of the county in which said creditor resided at the time of his or her death, or of the county where he or she died.
Codes, 1906, § 2133; Hemingway's 1917, § 1801; 1930, § 1751; 1942, § 653; Laws, 1920, ch. 304; Laws, 1981, ch. 394, § 1, eff. 7/1/1981.
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 91-7-325 - Suit to recover wages if not paid within sixty days

After the sixty days referred to in Section
91-7-323
have passed, the parties hereinbefore designated as being the person to whom the wages so due the deceased creditor may be paid shall have the right, if they be adults, to maintain a suit to recover the amount due to the deceased creditor. When the party or parties entitled to receive said amount are minors, suit may be brought and maintained for them, by and in the name of the chancery clerk who is entitled to receive same.
Codes, Hemingway's 1921 Supp. § 1801a; Laws, 1930, § 1752; Laws, 1942, § 654; Laws, 1920, ch. 304.
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 91-7-327 - Duty of chancery clerk when wages paid to him

Where such wages are paid to the chancery clerk as provided in Sections
91-7-323
and
91-7-325
, it shall be the duty of the chancery clerk to pay that portion of the wages of such employee which may belong to the adult children or brothers and sisters of such deceased employe, and to report to the next term of the chancery court who are the minor brothers or sisters or children of said employe and how much is coming to each one of the heirs of said employe. Thereupon the chancery court shall enter an order upon the minutes of the court, directing the payment by the chancery clerk of the shares of such minor children or brothers and sisters of such deceased employe. In any case where the employer shall pay such wages to the chancery clerk, he shall be discharged from all further liability. For receiving and disbursing the wages which may be paid to him, the clerk shall receive the commissions allowed to administrators and executors for collecting and distributing moneys belonging to the estate of a decedent.
Codes, 1906, § 2134; Hemingway's 1917, § 1802; 1930, § 1753; 1942, § 655.
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 91-7-329 - Not to apply to estates administered upon

Sections
91-7-323
through
91-7-327
shall not apply in cases where the estate of deceased creditor is administered upon.
Codes, Hemingway's 1921 Supp. § 1801b; 1930, § 1754; 1942, § 656; Laws, 1920, ch. 304.
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 91-7-331 - "Administrator" defined

The word administrator in this chapter shall embrace a temporary administrator whenever the contrary is not clearly inferable from the context.
Codes, 1880, § 2093; 1892, § 1962; 1906, § 2138; Hemingway's 1917, § 1806; 1930, § 1749; 1942, § 651.
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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-501 - Definitions

As used in Sections
91-7-501
through
91-7-523
:
(1)
"Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings.
(2)
"Personal representative" means an executor, an administrator with or without the will annexed, or other representative authorized in a court of competent jurisdiction to conduct an estate administration.
(3)
"Local personal representative" includes any personal representative appointed in this state by appointment proceedings and excludes foreign personal representatives who acquire the power of a local personal representative under Section
91-7-509
.
(4)
"Resident creditor" means a person domiciled in, or doing business in this state, who is, or could be, a claimant against an estate of a nonresident decedent.
(5)
"Foreign personal representative" means a personal representative appointed by another jurisdiction.
Added by Laws, 2020, ch. 406, SB 2851,§ 47, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-503 - Settlement of debt to estate of nonresident decedent outside of administration

At any time after the expiration of sixty (60) days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of his appointment, including the admitted will and letters testamentary or letters of administration or substantial equivalent, authenticated under the Acts of Congress under
28 U.S.C. Section 1739
, and an affidavit made by or on behalf of the personal representative stating:
(1)
The date of the death of the nonresident decedent;
(2)
That no local administration, or application or petition therefor, is pending in this state; and
(3)
That the domiciliary foreign personal representative is entitled to payment or delivery.
Added by Laws, 2020, ch. 406, SB 2851,§ 48, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-505 - Release of debtor for good faith payment or delivery on basis of proof of authority and affidavit

Payment or delivery made in good faith on the basis of the proof of authority, including the admitted will and letters testamentary or letters of administration or substantial equivalent, authenticated under the Acts of Congress under
28 U.S.C. Section 1739
, and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
Added by Laws, 2020, ch. 406, SB 2851,§ 49, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-507 - Settlement of debt to estate of nonresident decedent outside of administration prohibited upon resident creditor's notice

Payment or delivery under Section
91-7-503
may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
Added by Laws, 2020, ch. 406, SB 2851,§ 50, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-509 - Domiciliary foreign personal representative may file authenticated copies of appointment under certain circumstances

If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, authenticated copies of his appointment, including the admitted will and letters testamentary or letters of administration or substantial equivalent, authenticated under the Acts of Congress under
28 U.S.C. Section 1739
, and any official bond he has given. A domiciliary foreign personal representative is subject to the estate administration requirements and obligations set forth in Title 91, Chapter 7, Mississippi Code of 1972.
Added by Laws, 2020, ch. 406, SB 2851,§ 51, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-511 - Domiciliary foreign personal representative authorized to exercise powers of local personal representative as to Mississippi assets

A domiciliary foreign personal representative who has complied with Section
91-7-509
may exercise as to assets in this state all powers of a local personal representative, and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.
Added by Laws, 2020, ch. 406, SB 2851,§ 52, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-513 - Effect of application or petition for local administration of estate

The power of a domiciliary foreign personal representative under Section
91-7-503
or Section
91-7-511
shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Section
91-7-509
, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. A person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall not be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this state.
Added by Laws, 2020, ch. 406, SB 2851,§ 53, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-515 - Applicability of Sections 91-7-501 through 91-7-523 to nonresident decedents

In respect to a nonresident decedent, the provisions of this chapter govern:
(1)
Proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and
(2)
The status, powers, duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributees and others in regard to a local administration.
Added by Laws, 2020, ch. 406, SB 2851,§ 54, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-517 - Personal jurisdiction of courts over foreign personal representative

A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by:
(1)
filing authenticated copies of his appointment as provided in Section
91-7-509
; or
(2)
receiving payment of money or taking delivery of personal property under Section
91-7-503
; or
(3)
doing any act as a personal representative in this state that would have given the state jurisdiction over him as an individual. Jurisdiction under paragraph (1) is limited to the money or value of personal property collected.
Added by Laws, 2020, ch. 406, SB 2851,§ 55, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-519 - Foreign personal representative subject to jurisdiction of Mississippi courts to the same extent as decedent was immediately prior to death

In addition to jurisdiction conferred by Section
91-7-515
, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately before death.
Added by Laws, 2020, ch. 406, SB 2851,§ 56, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-521 - Service of process

(a)
Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first-class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or his decedent immediately before death.
(b)
If service is made upon a foreign personal representative as provided in subsection (a), he shall be allowed at least thirty (30) days within which to appear or respond.
Added by Laws, 2020, ch. 406, SB 2851,§ 57, 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 - NONRESIDENT DECEDENTS (§§ 91-7-501 — 91-7-523) › Section 91-7-523 - Effect of a foreign adjudication

An adjudication rendered in any jurisdiction in favor of or against any foreign personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.
Added by Laws, 2020, ch. 406, SB 2851,§ 58, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 91-8-101 — 91-8-112) › Section 91-8-101 - Short title

This chapter may be cited as the Mississippi Uniform Trust Code.
Added by Laws, 2014, ch. 421, SB 2727, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 91-8-101 — 91-8-112) › Section 91-8-102 - Scope

This chapter applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
Added by Laws, 2014, ch. 421, SB 2727, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 91-8-101 — 91-8-112) › Section 91-8-104 - Knowledge

(a)
Subject to subsection (b), a person has knowledge of a fact if the person:
(1)
Has actual knowledge of it;
(2)
Has received a notice or notification of it; or
(3)
From all the facts and circumstances known to the person at the time in question, has reason to know it.
(b)
An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
Added by Laws, 2014, ch. 421, SB 2727, 4, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 91-8-101 — 91-8-112) › Section 91-8-106 - Common law of trusts; principles of equity

The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state.
Added by Laws, 2014, ch. 421, SB 2727, 6, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 91-8-101 — 91-8-112) › Section 91-8-107 - Governing law

(a)
The validity, construction and administration of a trust are determined by the law of the jurisdiction designated in the terms of the trust instrument.
(b)
In the absence of a controlling designation in the terms of the trust, the laws of the jurisdiction where the trust was executed determine the validity of the trust, construction of the trust instrument and the laws of descent, while the laws of the principal place of administration determine the administration of the trust.
Added by Laws, 2014, ch. 421, SB 2727, 7, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 91-8-101 — 91-8-112) › Section 91-8-109 - Methods and waiver of notice

(a)
Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last-known place of residence or place of business, or a properly directed electronic message.
(b)
Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c)
Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.
(d)
Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.
Added by Laws, 2014, ch. 421, SB 2727, 9, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 91-8-101 — 91-8-112) › Section 91-8-110 - Others treated as qualified beneficiaries

A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined:
(1)
Is a distributee or permissible distributee of trust income or principal;
(2)
Would be a distributee or permissible distributee of trust income or principal if the interests of other distributees or permissible distributees then receiving or eligible to receive distributions terminated on that date without causing the trust to terminate; or
(3)
Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
Added by Laws, 2014, ch. 421, SB 2727, 10, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 91-8-101 — 91-8-112) › Section 91-8-111 - Nonjudicial settlement agreements

(a)
Except as otherwise provided in subsection (b), the trustee and qualified beneficiaries may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
(b)
A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.
(c)
Matters that may be resolved by a nonjudicial settlement agreement include:
(1)
The interpretation or construction of the terms of the trust;
(2)
The approval of a trustee's report or accounting;
(3)
Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
(4)
The resignation or appointment of a trustee and the determination of a trustee's compensation;
(5)
Transfer of a trust's principal place of administration;
(6)
Liability of a trustee for an action relating to the trust;
(7)
The extent or waiver of bond of a trustee;
(8)
The governing law of the trust; and
(9)
The criteria for distribution to a beneficiary where the trustee is given discretion.
(d)
Any qualified beneficiary or trustee may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Article 3 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
Added by Laws, 2014, ch. 421, SB 2727, 11, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 91-8-101 — 91-8-112) › Section 91-8-112 - Rules of construction

The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
Added by Laws, 2014, ch. 421, SB 2727, 12, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 2 - JUDICIAL PROCEEDINGS (§§ 91-8-201 — 91-8-205) › Section 91-8-201 - Role of court in administration of trust

(a)
The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(b)
A trust is not subject to continuing judicial supervision unless ordered by the court.
(c)
A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including, but not limited to, a proceeding to:
(1)
Request instructions;
(2)
Determine the existence or nonexistence of any immunity, power, privilege, duty or right;
(3)
Approve a nonjudicial settlement;
(4)
Interpret or construe the terms of the trust;
(5)
Determine the validity of a trust or of any of its terms;
(6)
Approve a trustee's report or accounting or compel a trustee to report or account;
(7)
Direct a trustee to refrain from performing a particular act or grant to a trustee any necessary or desirable power;
(8)
Review the actions or approve the proposed actions of a trustee, including the exercise of a discretionary power;
(9)
Accept the resignation of a trustee;
(10)
Appoint or remove a trustee;
(11)
Determine a trustee's compensation;
(12)
Transfer a trust's principal place of administration or a trust's property to another jurisdiction;
(13)
Determine the liability of a trustee for an action relating to the trust and compel redress of a breach of trust by any available remedy;
(14)
Modify or terminate a trust;
(15)
Combine trusts or divide a trust;
(16)
Determine liability of a trust for debts of a beneficiary and living settlor;
(17)
Determine liability of a trust for debts, expenses of administration, and statutory allowances chargeable against the estate of a deceased settlor;
(18)
Determine the liability of a trust for claims, expenses and taxes in connection with the settlement of a trust that was revocable at the settlor's death; and
(19)
Ascertain beneficiaries and determine to whom property will pass upon final or partial termination of a trust.
Added by Laws, 2014, ch. 421, SB 2727, 13, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 2 - JUDICIAL PROCEEDINGS (§§ 91-8-201 — 91-8-205) › Section 91-8-202 - Jurisdiction over trustee and beneficiary

(a)
By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
(b)
With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
(c)
This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
Added by Laws, 2014, ch. 421, SB 2727, 14, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 2 - JUDICIAL PROCEEDINGS (§§ 91-8-201 — 91-8-205) › Section 91-8-203 - Subject-matter jurisdiction

(a)
Except as provided in subsections (b) and (c), the chancery court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust.
(b)
Any other court granted statutory equitable jurisdiction has concurrent jurisdiction with the chancery court in any proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust.
(c)
The chancery court has concurrent jurisdiction with other courts of this state in other proceedings involving a trust.
Added by Laws, 2014, ch. 421, SB 2727, 15, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 2 - JUDICIAL PROCEEDINGS (§§ 91-8-201 — 91-8-205) › Section 91-8-204 - Venue

(a)
Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.
(b)
If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.
Added by Laws, 2014, ch. 421, SB 2727, 16, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 2 - JUDICIAL PROCEEDINGS (§§ 91-8-201 — 91-8-205) › Section 91-8-205 - Judicial accountings and settlements

(a)
A trustee may file an accounting of the trustee's administration of a trust in court at any time and seek a partial or final settlement thereof or, upon petition of an interested party, a court may order a trustee to render an accounting of the trustee's administration of a trust and require a partial or final settlement thereof. Notice of such judicial proceeding shall be provided to the trustee and each beneficiary, or representative thereof pursuant to Article 3, as provided by the applicable rules of civil procedure.
(b)
A trust accounting must be a reasonably understandable report from the date of the last accounting or, if none, from the date upon which the trustee became accountable, or other such date the court may set, which provides reasonable detail of the transactions affecting the administration of the trust, and which adequately discloses the following information:
(1)
The accounting must identify the trust, the trustee furnishing the accounting, and the time period covered by the accounting.
(2)
The accounting must show all receipts and disbursements occurring during the accounting period. Gains and losses realized during the accounting period must also be shown.
(3)
The accounting, to the extent feasible, must identify and value trust assets on hand at the close of the accounting period. For each asset or class of assets reasonably capable of valuation, the accounting shall contain two (2) values, (A) the asset acquisition value or carrying value, and (B) the estimated current value, if feasible. The accounting must identify each known noncontingent liability with an estimated current amount of the liability if known.
(4)
To the extent feasible, the accounting must show the significant noncash transactions affecting the assets of the trust, including name changes in investment holdings, adjustments to carrying value, or stock splits.
(5)
The accounting must reflect the allocation of receipts and disbursements between income and principal when the allocation affects the interest of any beneficiary of the trust.
(c)
Any order or judgment of the court on such accounting and partial or final settlement shall be final and conclusive as to all matters occurring during the accounting period, and appeals therefrom shall and must be taken in the manner provided for from any other final judgment of the court.
Added by Laws, 2014, ch. 421, SB 2727, 17, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 3 - REPRESENTATION (§§ 91-8-301 — 91-8-305) › Section 91-8-301 - Representation: basic effect

(a)
Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person.
(b)
The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.
(c)
Except as otherwise provided in Sections
91-8-411
and
91-8-602
, a person who under this article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
(d)
A settlor may not represent and bind a beneficiary under this article with respect to the termination or modification of a trust under Section
91-8-411(a)
.
Added by Laws, 2014, ch. 421, SB 2727, 18, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 3 - REPRESENTATION (§§ 91-8-301 — 91-8-305) › Section 91-8-302 - Representation by holder of power of appointment

To the extent there is no material conflict of interest between the holder of a power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.
Added by Laws, 2014, ch. 421, SB 2727, 19, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 3 - REPRESENTATION (§§ 91-8-301 — 91-8-305) › Section 91-8-303 - Representation by fiduciaries and parents

To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
(1)
A conservator or guardian may represent and bind the estate that the conservator or guardian controls;
(2)
A conservator or guardian may represent and bind the ward if a conservator or guardian of the ward's estate has not been appointed;
(3)
An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(4)
A trustee may represent and bind the beneficiaries of the trust;
(5)
A personal representative of a decedent's estate may represent and bind persons interested in the estate;
(6)
A parent may represent and bind the person's minor or unborn child if a conservator or guardian for the descendant has not been appointed;
(7)
A grandparent may represent the grandparent's grandchild if that grandchild is not already represented by a parent under paragraph (6);
(8)
A person designated by the settlor either in the trust instrument or in a writing delivered to the trustee, or designated in a writing delivered to the trustee by a trust protector or trust advisor with power under the terms of the trust instrument to represent the beneficiaries of the trust, may represent and bind the beneficiaries; and
(9)
Any person acting in a fiduciary capacity shall exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Acts created under Chapter 23, Title 91.
Amended by Laws, 2017, ch. 419, HB 849, 21, eff. 7/1/2017.
Amended by Laws, 2016, ch. 396, SB 2211, 3, eff. 7/1/2014.
Added by Laws, 2014, ch. 421, SB 2727, 20, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 3 - REPRESENTATION (§§ 91-8-301 — 91-8-305) › Section 91-8-304 - Representation by person having substantially identical interest

(a)
Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no material conflict of interest between the representative and the person represented.
(b)
Unless otherwise represented, whenever survivorship of another person is an express or implied condition of receiving property from a trust, the successor contingent remainder beneficiary may be represented and bound by the presumptive remainder beneficiary upon whose death the rights of the successor contingent remainder beneficiary depend, but only to the extent there is no material conflict of interest between the presumptive remainder beneficiary and the successor contingent remainder beneficiary.
Added by Laws, 2014, ch. 421, SB 2727, 21, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 3 - REPRESENTATION (§§ 91-8-301 — 91-8-305) › Section 91-8-305 - Appointment of representative

(a)
If the court determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem or other representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A guardian ad litem or other representative may be appointed to represent several persons or interests.
(b)
A guardian ad litem or other representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.
(c)
In making decisions, a guardian ad litem or other representative may consider general benefit accruing to the living members of the individual's family.
Added by Laws, 2014, ch. 421, SB 2727, 22, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 91-8-401 — 91-8-417) › Section 91-8-401 - Methods of creating trust

A trust may be created by:
(1)
Transfer of property to another person as trustee or a transfer in the name of the trust during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;
(2)
Declaration by the owner of property that the owner holds identifiable property as trustee;
(3)
Exercise of a power of appointment in favor of a trustee;
(4)
A court pursuant to its statutory or equitable powers; or
(5)
By an agent or attorney-in-fact under a power of attorney that:
(A)
Expressly grants authority to create the trust; or
(B)
Grants the agent or attorney-in-fact the authority to act in the management and disposition of the principal's property that is as broad or comprehensive as the principal could exercise for himself or herself and that does not expressly exclude the authority to create a trust. An agent or attorney-in-fact may file a petition for the court to determine whether a power of attorney described in this section grants the agent or attorney-in-fact authority that is as broad or comprehensive as that which the principal could exercise for himself or herself.
Amended by Laws, 2016, ch. 396, SB 2211, 4, eff. 7/1/2014.
Added by Laws, 2014, ch. 421, SB 2727, 23, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 91-8-401 — 91-8-417) › Section 91-8-402 - Requirements for creation

(a)
A trust is created only if:
(1)
The settlor has capacity to create a trust;
(2)
The settlor indicates an intention to create the trust;
(3)
The trust has a definite beneficiary or is:
(A)
A charitable trust;
(B)
A trust for the care of an animal, as provided in Section
91-8-408
; or
(C)
A trust for a noncharitable purpose, as provided in Section
91-8-409
;
(4)
The trustee has duties to perform; and
(5)
The same person is not the sole trustee and sole beneficiary.
(b)
A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(c)
A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
(d)
A settlor is deemed to have the capacity to create a trust if:
(1)
The trust is created by an agent of the settlor under a power of attorney as described in Section
91-8-401(5)
; and
(2)
The settlor had capacity to create a trust at the time the power of attorney was executed.
Added by Laws, 2014, ch. 421, SB 2727, 24, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 91-8-401 — 91-8-417) › Section 91-8-403 - Trusts created in other jurisdictions

A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation:
(1)
The settlor was domiciled, had a place of abode, or was a national;
(2)
A trustee was domiciled or had a place of business; or
(3)
Any trust property was located.
Added by Laws, 2014, ch. 421, SB 2727, 25, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 91-8-401 — 91-8-417) › Section 91-8-404 - Trust purposes

A trust may be created only to the extent its purposes are lawful and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries as the interests of such beneficiaries are defined under the terms of the trust.
Added by Laws, 2014, ch. 421, SB 2727, 26, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 91-8-401 — 91-8-417) › Section 91-8-405 - Charitable purposes; enforcement

(a)
A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.
(b)
If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.
(c)
The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
Added by Laws, 2014, ch. 421, SB 2727, 27, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 91 - TRUSTS AND ESTATES (§§ 91-1-NEW — 91-31-25) › Chapter 8 - MISSISSIPPI UNIFORM TRUST CODE (§§ 91-8-101 — 91-8-1206) › Article 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 91-8-401 — 91-8-417) › Section 91-8-406 - Creation of trust induced by fraud, duress, or undue influence

A trust is void to the extent its creation was induced by fraud, duress, or undue influence.
Added by Laws, 2014, ch. 421, SB 2727, 28, eff. 7/1/2014.