Letters Testamentary in Mississippi
How the Mississippi probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: 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… Miss. Code Ann. §§ 91-7-35, 91-7-41
| 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). |
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| Who can be executor | An executor named in a will is entitled to letters testamentary unless, when letters are granted, the person is under 18, of unsound mind, or convicted of a felony. This section sets no residency rule. Before receiving letters, the executor takes an 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. Whether a will can waive bond, and any rules for nonresident executors, are set out in other sections; check with the chancery clerk. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). |
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FAQ
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.
Who can be an executor in Mississippi?
An executor named in a will is entitled to letters testamentary unless, when letters are granted, the person is under 18, of unsound mind, or convicted of a felony. This section sets no residency rule. Before receiving letters, the executor takes an 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.
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.