Executor Duties in Mississippi
What an executor (personal representative) must do in Mississippi: getting letters, notifying creditors, inventory, paying debts and closing the estate.
Short answer: Within 90 days after letters are granted (unless the court or clerk allows more time), the executor or administrator must file a sworn inventory of the decedent's money and property at date-of-death market value, unless the will waives it or the court waives it in an intestate estate. Miss. Code Ann. §§ 91-7-93, 91-7-145, 91-7-277
| Executor's duties | Within 90 days after letters are granted (unless the court or clerk allows more time), the executor or administrator must file a sworn inventory of the decedent's money and property at date-of-death market value, unless the will waives it or the court waives it in an intestate estate. The representative must make reasonably diligent efforts to identify creditors and mail them notice, file an affidavit of those efforts, and publish notice to creditors for three consecutive weeks; creditors have 90 days after first publication to probate their claims. An account under oath must be presented at least once a year unless waived by the will or the court, and the estate closes with a final account and decree of discharge. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Annual accounts: https://codes.findlaw.com/ms/title-91-trusts-and-estates/ms-code-sect-91-7-277/ |
|---|---|
| Letters testamentary | Estates are opened in the chancery court of the county. An executor named in a will receives 'letters testamentary,' and an administrator receives 'letters of administration.' At or before obtaining letters, the executor (or administrator with the will annexed) takes the statutory oath and, under the general rule, gives a bond equal to the full value of the estate, with sureties approved by the court or clerk. A person under 18, of unsound mind or convicted of a felony cannot receive letters. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). |
| Deadline for creditor claims | Creditors must probate and register their claims within 90 days after the first publication of the notice to creditors, or the claims are barred. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 91-7-145 |
More Mississippi estate law
- Medical Power of Attorney in Mississippi
- Small Estate Affidavit in Mississippi
- Power of Attorney in Mississippi
- Quitclaim Deeds and Transferring Property in Mississippi
- Who Inherits If You Die Without a Will in Mississippi
- How to Make a Valid Will in Mississippi
- How Probate Works in Mississippi
- Living Wills and Advance Directives in Mississippi
- Revocable Living Trusts in Mississippi
- Letters Testamentary in Mississippi
- Affidavit of Heirship in Mississippi
- How to Avoid Probate in Mississippi
- Transferring a Car After Someone Dies in Mississippi
- All Mississippi wills, probate and estate rules
FAQ
What does an executor have to do in Mississippi?
Within 90 days after letters are granted (unless the court or clerk allows more time), the executor or administrator must file a sworn inventory of the decedent's money and property at date-of-death market value, unless the will waives it or the court waives it in an intestate estate. The representative must make reasonably diligent efforts to identify creditors and mail them notice, file an affidavit of those efforts, and publish notice to creditors for three consecutive weeks; creditors have 90 days after first publication to probate their claims. An account under oath must be presented at least once a year unless waived by the will or the court, and the estate closes with a final account and decree of discharge.
How do I get letters testamentary in Mississippi?
Estates are opened in the chancery court of the county. An executor named in a will receives 'letters testamentary,' and an administrator receives 'letters of administration.' At or before obtaining letters, the executor (or administrator with the will annexed) takes the statutory oath and, under the general rule, gives a bond equal to the full value of the estate, with sureties approved by the court or clerk. A person under 18, of unsound mind or convicted of a felony cannot receive letters.
How long do creditors have to file claims against an estate in Mississippi?
Creditors must probate and register their claims within 90 days after the first publication of the notice to creditors, or the claims are barred.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.