Mississippi Code
Title 91 - Trusts and Estates

§ 91-1-31. Judgment as to descent of property cannot be assailed collaterally except for fraud - A judgment so rendered as provided in Section 91-1-29 shall...

Chapter 3 - Uniform Simultaneous Death Law

§ 91-3-1. How chapter cited - This chapter may be cited as the Uniform Simultaneous Death...

§ 91-3-3. Construction - This chapter shall be so construed and interpreted as to...

§ 91-3-5. Disposition of property in absence of evidence of survivorship - Where the title to property or the devolution thereof depends...

§ 91-3-7. Beneficiaries of another person's disposition of property - Where two (2) or more beneficiaries are designated to take...

§ 91-3-9. Joint tenants or tenants by the entirety - Where there is no sufficient evidence that two (2) joint...

§ 91-3-11. Insurance policies or contracts - Where the insured and the beneficiary in a policy of...

§ 91-3-13. Chapter not to apply to persons dying before effective date - This chapter shall not apply to the distribution of the...

§ 91-3-15. Provision in will, etc., rendering chapter inapplicable - This chapter shall not apply in the case of wills,...

Chapter 5 - Wills and Testaments

§ 91-5-1. Who may execute; signature; attestation - Every person eighteen (18) years of age or older, being...

§ 91-5-3. Revocations - A devise so made, or any clause thereof, shall not...

§ 91-5-5. Children born after making of the will - If a testator or testatrix, having a child or children...

§ 91-5-7. Bequests not to lapse in certain cases - Whenever any estate of any kind shall or may be...

§ 91-5-9. Devise to witness void - If any person be a subscribing witness to a will...

§ 91-5-13. Creditor competent witness to will - Any creditor shall be a competent subscribing witness to a...

§ 91-5-15. Nuncupative wills - A nuncupative will shall not be established unless it be...

§ 91-5-17. Parties in interest to nuncupative will to be cited - The probate of any nuncupative will shall not be taken,...

§ 91-5-19. Nuncupative will not to be proven after six months unless reduced to writing - After six months have elapsed from the time of speaking...

§ 91-5-21. Members of armed forces and mariners at sea excepted - Any person of sound mind eighteen years of age or...

§ 91-5-23. Provision for husband or wife to be in bar - Any provision by the will of the husband or wife...

§ 91-5-25. Right of spouse to renounce will; form of renunciation; right to intestate share - When a husband makes his last will and testament and...

§ 91-5-27. Effect of no provision for husband or wife - If the will of the husband or wife shall not...

§ 91-5-29. Effect of wife or husband having separate estate - In case the wife have a separate property at the...

§ 91-5-33. Person who kills another not to take under his will - If any person shall wilfully cause or procure the death...

Chapter 7 - Executors and Administrators

§ 91-7-1. Venue of proof of wills - Wills shall be proved in and letters testamentary thereon granted...

§ 91-7-3. By whom presented - When any last will and testament is exhibited to be...

§ 91-7-5. Production of will compelled - The chancery court of the proper county, on being informed...

§ 91-7-7. Proof of due execution of will - The due execution of the will, whether heretofore or hereafter...

§ 91-7-9. Affidavit of subscribing witness receivable - The affidavit of any subscribing witness to a will, made...

§ 91-7-10. Affidavits may be used to authenticate holographic wills or codicils - Where there is not contest about it, a holographic will...

§ 91-7-11. Testimony of absent witness - When any will shall be exhibited for probate and any...

§ 91-7-13. Testimony on probating will reduced to writing - If the will shall appear to have been duly executed,...

§ 91-7-15. Will executed by person in armed forces - additional manner of proof - In addition to the manner in which wills may be...

§ 91-7-17. Rejection of will not binding - The rejection of an ex parte application to probate a...

§ 91-7-19. All interested may be made parties - Any proponent of a will for probate may, in the...

§ 91-7-21. Caveat against probate may be filed - Any one desiring to contest a will presented for probate...

§ 91-7-23. Validity contested within two years - Any person interested may, at any time within two years,...

§ 91-7-25. Necessary parties to contest - In any proceeding to contest the validity of a will,...

§ 91-7-27. Probate of will prima facie evidence - On the trial of an issue made up to determine...

§ 91-7-29. Trial of issue devisavit vel non - On the trial of such issue, the proponent of the...

§ 91-7-31. Wills recorded - All original wills, after probate thereof, shall be recorded and...

§ 91-7-33. Foreign wills recorded - Authenticated copies of wills proven according to the laws of...

§ 91-7-35. Grant of letters testamentary - The executor named in any last will and testament, whether...

§ 91-7-37. Eighteen the age of majority for executors and administrators - The age of eighteen (18) years shall be the age...

§ 91-7-39. Administration with will annexed - If there be no executor named in any last will...

§ 91-7-41. Oath and bond of executor or administrator with will annexed - Every executor or administrator with the will annexed, at or...

§ 91-7-43. Executor as residuary legatee - If the executor be a residuary legatee, he may, instead...

§ 91-7-45. When bond not required - If the testator, by will, direct that his executor shall...

§ 91-7-49. Directions of will to be followed - Whenever any last will and testament shall empower and direct...

§ 91-7-51. Effect of receipt for money by executor or trustee - The receipt by an executor or any trustee, whether under...

§ 91-7-53. Temporary administrator - Whenever it shall be necessary for the care and preservation...

§ 91-7-55. Estate to be appraised - Before the temporary administrator shall act as such, he shall...

§ 91-7-57. Powers of temporary administrator - The temporary administrator shall have power, and it shall be...

§ 91-7-59. Compensation of temporary administrator - On the grant of letters testamentary or of administration, the...

§ 91-7-61. Administrator to institute suits - If necessary, an administrator may be appointed to institute and...

§ 91-7-65. Persons disqualified to administer - Letters of administration shall not be granted to a person...

§ 91-7-67. Oath and bond of administrator - The person to whom administration is granted, at or prior...

§ 91-7-68. Administrator of estate of intestate under legal disability - Upon the death intestate of any person under legal disability...

§ 91-7-69. Administration de bonis non - If an executor or administrator die, resign, be removed, or...

§ 91-7-71. Rights of administrator de bonis non - Every administrator de bonis non shall be entitled to all...

§ 91-7-73. County administrator - It shall be the duty of the chancellor to appoint...

§ 91-7-75. Bond and oath of county administrator - Before a county administrator shall perform any of the duties...

§ 91-7-77. Additional bond may be required - Whenever it shall appear that the penalty of the bond...

§ 91-7-79. Letters granted to county administrator - When it shall appear that any person has died, in...

§ 91-7-81. Accounts to be filed when office vacated - Should the county administrator resign his office or otherwise vacate...

§ 91-7-83. Sheriff administrator in certain cases - If it appears that any person has died, in this...

§ 91-7-85. Removal and surrender of trust - Every executor or administrator may be removed if he become...

§ 91-7-87. Administration revoked by proof of will and grant of letters testamentary - If a will shall be found and probated and letters...

§ 91-7-89. Letters of certain nonresidents revoked - If letters testamentary or of administration be granted to any...

§ 91-7-91. Assets defined; unsecured creditors to give notice - The real property, goods, chattels, personal property, choses in action...

§ 91-7-93. Inventory of money and property owned by decedent at time of death - The executor or administrator shall, within ninety (90) days of...

§ 91-7-95. Supplementary inventory or appraisement - If any property not included in the original inventory comes...

§ 91-7-97. Adoption of collector's inventory or new inventory - In case an inventory be returned by a temporary administrator,...

§ 91-7-99. All to join in returning inventory - If there be more than one executor, administrator, or temporary...

§ 91-7-101. Debt from executor or administrator inventoried - The naming of an executor in a will shall not...

§ 91-7-103. Summary proceeding for discovery of assets - If the goods, chattels, and effects are improperly withheld from...

§ 91-7-105. Failure to return inventory - If any executor, administrator, or temporary administrator fail to return...

§ 91-7-107. Perfect inventory may be compelled - If any person interested discover that the inventory returned does...

§ 91-7-109. Inventory and appraisement by qualified disinterested persons - The executor or administrator may employ a qualified and disinterested...

§ 91-7-117. Executor or administrator to set apart exempt property - It shall be the duty of the executor or administrator...

§ 91-7-135. Court or chancellor to set apart one year's support for family - It shall be the duty of the court or the...

§ 91-7-141. Court or chancellor may apportion year's allowance - The court or the chancellor may apportion the one (1)...

§ 91-7-143. Minor distributee or legatee maintained - An executor or administrator of a solvent estate may defray...

§ 91-7-147. Newspaper notices dispensed with in small estates - Where the value of an estate shall not be more...

§ 91-7-149. Probate of claims - Any person desiring to probate his claim shall present to...

§ 91-7-151. Claims to be registered in ninety days or barred; amendment of affidavits - All claims against the estate of deceased persons, whether due...

§ 91-7-153. Registration of claim stops limitation - The presentation of a claim, and having it probated and...

§ 91-7-155. Executor to pay probated, registered debts - It shall be the duty of an executor or administrator...

§ 91-7-157. Executor to pay taxes - An executor or administrator shall pay all taxes that may...

§ 91-7-159. Agreement with commissioner of internal revenue to exercise discretion in distributing assets of estate or trust - The executor, trustee, or other fiduciary having discretionary powers under...

§ 91-7-161. Creditors whose claims are not due must accept payment - The executor or administrator may pay any debt, duly probated,...

§ 91-7-163. Claim of executor or administrator to be treated same as other claims - An executor or administrator shall not be allowed to retain...

§ 91-7-165. Claims may be contested - The executor or administrator, legatee, heir, or any creditor may...

§ 91-7-167. Creditor having lien failing to present claim - A creditor of a decedent who has a lien of...

§ 91-7-169. Growing crop - The court or chancellor may, on the application of an...

§ 91-7-171. Farm may be cultivated or rented - The court or chancellor, upon the application of executor or...

§ 91-7-173. Executor or administrator may continue business for limited time - The chancery court or the chancellor in vacation shall have...

§ 91-7-175. Sale of perishable property - The court or clerk may order the sale of perishable...

§ 91-7-177. Private sale of personal property - The court, or the chancellor in vacation, may authorize the...

§ 91-7-179. Sale for appraised value without order - The executor or administrator, without an order therefor, may sell...

§ 91-7-181. Certain property may be sold without being present - An executor or administrator may sell the interest of his...

§ 91-7-183. Public sale of personal property - If it be necessary to sell personal property for the...

§ 91-7-185. Report of sale and proceedings - Whenever personal property shall be sold by an executor or...

§ 91-7-187. Sale of land in preference to personalty - When the estate of any deceased person consists of real...

§ 91-7-189. Sale to pay the purchase-money of land - If a person purchase land and die before paying therefor,...

§ 91-7-191. Sale of land upon insufficiency of personalty - Whenever it shall be necessary for an executor or administrator...

§ 91-7-193. Waste of personal estate no bar - The fact that the insufficiency of the personal estate arose...

§ 91-7-195. Creditors may apply for sale of property - Any creditor of the decedent whose claim against the estate...

§ 91-7-197. Interested parties to be cited upon petition to sell property - When a petition shall be filed to sell or lease...

§ 91-7-199. Hearing and decree - The court, after service of summons or proof of publication,...

§ 91-7-201. Mistake in description of land may be corrected - If any mistake shall be made in the description of...

§ 91-7-203. Bond to pay debts may be given and decree for sale not made - A decree for the sale or lease of land shall...

§ 91-7-205. Bond required in decree for sale of lands; waiver of bond - After the expiration of the time in which all claims...

§ 91-7-207. Failure to give bond - If an executor or administrator who has been ordered to...

§ 91-7-209. Purchase-money a charge on property - Where the property of a decedent shall be sold by...

§ 91-7-211. Estoppel from receipt of purchase-money - Nothing in Section 91-7-209 shall hinder the application of the...

§ 91-7-213. Borrowing money to pay claims - When an executor or administrator shall discover that the personal...

§ 91-7-215. Procedure for borrowing - With such petition the executor or administrator shall file and...

§ 91-7-217. Overplus and contribution - In the event the land so encumbered should be thereafter...

§ 91-7-219. Procedure in vacation - Such decree may be rendered by the presiding chancellor of...

§ 91-7-221. Executor or administrator to make title to land - If any person sell lands, enter into contract to make...

§ 91-7-223. Executors and administrators may make deeds of conveyance - The administrator, executor, or testamentary trustee may at any time,...

§ 91-7-225. Lands may be leased to pay debts - In case it shall be made to appear to the...

§ 91-7-227. Executors and administrators to renew obligation and encumbrances of estate - The chancery court or the chancellor in vacation, when he...

§ 91-7-229. Claims may be sold or compromised - The court or chancellor in vacation, on petition for that...

§ 91-7-231. Actions which accrue in administration - An executor, administrator, or temporary administrator may maintain any action...

§ 91-7-233. What actions survive to executor or administrator - Executors, administrators, and temporary administrators may commence and prosecute any...

§ 91-7-235. What actions survive against executor or administrator - When any decedent shall in his lifetime have committed any...

§ 91-7-237. Death of party not to abate suit in certain cases - When either of the parties to any personal action shall...

§ 91-7-239. Executor or administrator not to be sued for ninety days - A suit or action shall not be brought against an...

§ 91-7-241. Suit by or against administrator not to abate - If any executor or administrator die, resign, or be removed,...

§ 91-7-243. Not bound to plead specially - Executors, administrators, and temporary administrators shall not be bound to...

§ 91-7-245. Any one interested may defend suit - Any legatee, heir, distributee, or creditor may be admitted by...

§ 91-7-247. Actions which accrue between administrators - When there are two (2) or more administrators of an...

§ 91-7-249. Executor in his own wrong - If any person shall alienate or embezzle any of the...

§ 91-7-251. Liability of executor or administrator of an executor de son tort - The executor or administrator of an executor de son tort...

§ 91-7-253. Fiduciary not to use funds; investment by fiduciary bank in time certificates of deposit - No executor, administrator, guardian, receiver or other fiduciary appointed by...

§ 91-7-255. Fiduciary not to transfer negotiable papers - An executor, administrator, guardian, receiver, or other fiduciary appointed by...

§ 91-7-259. Foreign executor or administrator may sue - Executors and administrators who have qualified in other states or...

§ 91-7-261. Procedures for insolvent estates - The executor or administrator shall take proper steps speedily to...

§ 91-7-263. Creditor may institute insolvency proceedings - Any creditor of the decedent may represent to the court...

§ 91-7-265. Decree of insolvency after all property sold - Where an estate is found to be insolvent after a...

§ 91-7-267. Publication and claims presented in insolvent estate - If an estate be declared insolvent after the executor or...

§ 91-7-269. Filing, examination, and adjudication of claims in insolvent estate - When the time for probating and registering claims has elapsed,...

§ 91-7-271. Distribution of assets in insolvent estate - When the claims are established and the amount of assets...

§ 91-7-273. Suits not to abate on insolvency - A suit or action which may be pending against an...

§ 91-7-275. Suit not allowed after decree of insolvency - A suit or action shall not be brought against an...

§ 91-7-277. Annual accounts - Every executor or administrator, at least once in each year...

§ 91-7-281. Attorney's fees allowable - In annual and final settlements, the executor, administrator, or guardian...

§ 91-7-283. Defaulters to be listed and cited - Unless the court or chancellor has, by order entered on...

§ 91-7-285. Process for derelict fiduciary - Whenever it shall appear of record, or otherwise, that any...

§ 91-7-287. Publication of process for defaulter - If the citation be returned unexecuted because such fiduciary cannot...

§ 91-7-289. Hearing for derelict fiduciary - If on the return day it shall appear that the...

§ 91-7-291. Final accounts - When the estate has been administered by payment of the...

§ 91-7-293. Names of interested parties to be stated - The executor or administrator shall file with his final account...

§ 91-7-295. Summons or publication for final account - The final account so presented, with the statement as to...

§ 91-7-297. Hearing and adjudication of final account - If process be returned executed, or publication has been made,...

§ 91-7-299. Allowance to executor or administrator - On the final settlement the court shall make allowance to...

§ 91-7-301. Personal estate sold for division - When personal property of a deceased person cannot be equally...

§ 91-7-303. Distribution compelled - Any person entitled to a distributive share of an intestate's...

§ 91-7-307. Delaying settlement - If an executor or administrator improperly delay making a final...

§ 91-7-309. Accounts may be opened and falsified in two years - Any person interested may, at any time within two years...

§ 91-7-311. Bonds to be recorded; suits thereon - All bonds required and given in the administration of estate,...

§ 91-7-313. Suit for devastavit - Parties interested in an estate as legatees, distributees, or creditors...

§ 91-7-315. New bond of executors and administrators may be required - If the bond of an executor or an administrator, whether...

§ 91-7-317. Relief of sureties and new bond - A surety on any bond of an executor, administrator, county...

§ 91-7-319. Executors may receive credit for costs of bond in surety company - Any receiver, assignee, guardian, executor, administrator, or other fiduciary required...

§ 91-7-321. Custodian appointed for distributive share - If any person entitled, under a decree of the chancery...

§ 91-7-323. Wages due deceased employee - When any person, male or female, shall die leaving wages,...

§ 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...

§ 91-7-327. Duty of chancery clerk when wages paid to him - Where such wages are paid to the chancery clerk as...

§ 91-7-329. Not to apply to estates administered upon - Sections 91-7-323 through 91-7-327 shall not apply in cases where...

§ 91-7-331. "Administrator" defined - The word administrator in this chapter shall embrace a temporary...

Chapter 8 - Mississippi Uniform Trust Code

Article 1 - General Provisions and Definitions

§ 91-8-101. Short title - This chapter may be cited as the Mississippi Uniform Trust...

§ 91-8-102. Scope - This chapter applies to express trusts, charitable or noncharitable, and...

§ 91-8-103. Definitions - [Effective from and after January 1, 2020, this section will...

§ 91-8-104. Knowledge - Subject to subsection (b), a person has knowledge of a...

§ 91-8-105. Default and mandatory rules - Except as otherwise provided in the terms of the trust,...

§ 91-8-106. Common law of trusts; principles of equity - The common law of trusts and principles of equity supplement...

§ 91-8-107. Governing law - The validity, construction and administration of a trust are determined...

§ 91-8-108. Principal place of administration - Without precluding other means for establishing a sufficient connection with...

§ 91-8-109. Methods and waiver of notice - Notice to a person under this chapter or the sending...

§ 91-8-110. Others treated as qualified beneficiaries - A charitable organization expressly designated to receive distributions under the...

§ 91-8-111. Nonjudicial settlement agreements - Except as otherwise provided in subsection (b), the trustee and...

§ 91-8-112. Rules of construction - The rules of construction that apply in this state to...

Article 2 - Judicial Proceedings

§ 91-8-201. Role of court in administration of trust - The court may intervene in the administration of a trust...

§ 91-8-202. Jurisdiction over trustee and beneficiary - By accepting the trusteeship of a trust having its principal...

§ 91-8-203. Subject-matter jurisdiction - Except as provided in subsections (b) and (c), the chancery...

§ 91-8-204. Venue - Except as otherwise provided in subsection (b), venue for a...

§ 91-8-205. Judicial accountings and settlements - A trustee may file an accounting of the trustee's administration...

Article 3 - Representation

§ 91-8-301. Representation: basic effect - Notice to a person who may represent and bind another...

§ 91-8-302. Representation by holder of power of appointment - To the extent there is no material conflict of interest...

§ 91-8-303. Representation by fiduciaries and parents - To the extent there is no material conflict of interest...

§ 91-8-304. Representation by person having substantially identical interest - Unless otherwise represented, a minor, incapacitated, or unborn individual, or...

§ 91-8-305. Appointment of representative - If the court determines that an interest is not represented...

Article 4 - Creation, validity, modification, and termination of trust

§ 91-8-401. Methods of creating trust - A trust may be created by: Expressly grants authority to...

§ 91-8-402. Requirements for creation - A trust is created only if: A charitable trust; A...

§ 91-8-403. Trusts created in other jurisdictions - A trust not created by will is validly created if...

§ 91-8-404. Trust purposes - A trust may be created only to the extent its...

§ 91-8-405. Charitable purposes; enforcement - A charitable trust may be created for the relief of...

§ 91-8-406. Creation of trust induced by fraud, duress, or undue influence - A trust is void to the extent its creation was...

§ 91-8-407. Evidence of oral trust; trust in land - Except as provided in subsection (b) and except as required...

§ 91-8-408. Trust for care of animal - A trust may be created to provide for the care...

§ 91-8-409. Noncharitable trust without ascertainable beneficiary - Except as otherwise provided in Section 91-8-408, Section 41-43-51 or...

§ 91-8-410. Modification or termination of trust; proceedings for approval or disapproval - In addition to the methods of termination prescribed by Sections...

§ 91-8-411. Modification or termination of noncharitable irrevocable trust by consent - During the settlor's lifetime, a noncharitable irrevocable trust may be...

§ 91-8-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively - The court may modify the administrative or dispositive terms of...

§ 91-8-413. Cy pres - Except as otherwise provided in subsection (b), if a particular...

§ 91-8-414. Modification or termination of uneconomic trust - After notice to the qualified beneficiaries, the trustee of a...

§ 91-8-415. Reformation to correct mistakes - The court may reform the terms of a trust, even...

§ 91-8-416. Modification to achieve settlor's tax objectives - To achieve the settlor's tax objectives, the court may modify...

§ 91-8-417. Combination and division of trusts - After notice to the qualified beneficiaries, a trustee may combine...

Article 6 - Revocable Trusts

§ 91-8-601. Capacity of settlor of revocable trust - The capacity required to create, amend, revoke, or add property...

§ 91-8-602. Revocation or amendment of revocable trust - Unless the terms of a trust expressly provide that the...

§ 91-8-603. Settlor's powers; powers of withdrawal - While a trust is revocable rights of the beneficiaries are...

§ 91-8-604. Limitation on action contesting validity of revocable trust; distribution of trust property - A person may commence a judicial proceeding to contest the...

Article 7 - Office of Trustee

§ 91-8-701. Accepting or declining trusteeship - Except as otherwise provided in subsection (c), a person designated...

§ 91-8-702. Trustee's bond - A trustee shall give bond to secure performance of the...

§ 91-8-703. Cotrustees - Cotrustees who are unable to reach a unanimous decision after...

§ 91-8-704. Vacancy in trusteeship; appointment of successor - A vacancy in a trusteeship occurs if: If one or...

§ 91-8-705. Resignation of trustee - A trustee may resign: In approving a resignation, the court...

§ 91-8-706. Removal of trustee - The settlor, a cotrustee, or a beneficiary may request the...

§ 91-8-707. Delivery of property by former trustee - Unless a cotrustee remains in office or the court otherwise...

§ 91-8-708. Compensation of trustee, trust advisor and trust protector - If the terms of a trust do not specify the...

§ 91-8-709. Reimbursement of expenses - A trustee, trust advisor, or trust protector is entitled to...

§ 91-8-710. Directed trusts - If the terms of the trust require a trustee, trust...

§ 91-8-711. Directed trusts; accepting or declining fiduciary appointment - A trust advisor, trust protector, or other fiduciary other than...

§ 91-8-712. Directed trusts; fiduciary's bond - Section 91-8-702 applies to trust advisors, trust protectors, or other...

§ 91-8-713. Vacancy; directed trusts - Except as otherwise provided by the terms of the trust...

§ 91-8-714. Directed trusts; resignation of fiduciary - A trust advisor, trust protector, or other fiduciary other than...

§ 91-8-715. Directed trusts; removal of fiduciary - A trust advisor, trust protector, or other fiduciary other than...

Article 8 - Duties and Powers of Trustee

§ 91-8-801. Duty to administer trust - Upon acceptance of a trusteeship, the trustee shall administer the...

§ 91-8-802. Duty of loyalty - A trustee shall administer the trust solely in the interests...

§ 91-8-803. Impartiality - If a trust has two (2) or more beneficiaries, the...

§ 91-8-804. Prudent administration - A trustee shall administer the trust as a prudent person...

§ 91-8-805. Costs of administration - In administering a trust, the trustee may incur only costs...

§ 91-8-806. Trustee's skills - A trustee who has special skills or expertise, or is...

§ 91-8-807. Delegation by trustee - A trustee may delegate duties and powers that a prudent...

§ 91-8-808. Powers to direct - While a trust is revocable, the trustee may follow a...

§ 91-8-809. Control and protection of trust property - A trustee shall take reasonable steps to take control of...

§ 91-8-810. Recordkeeping and identification of trust property - A trustee shall keep adequate records of the administration of...

§ 91-8-811. Enforcement and defense of claims - A trustee shall take reasonable steps to enforce claims of...

§ 91-8-812. Collecting trust property - A trustee shall take reasonable steps to compel a former...

§ 91-8-813. Duty to inform and report - (1) A trustee shall keep the beneficiaries of the trust...

§ 91-8-814. Exercise of powers over discretionary and other interests; tax savings - Relative to exercise of powers over discretionary and other interests:...

§ 91-8-815. General powers of trustee - A trustee, without authorization by the court, may exercise: All...

§ 91-8-816. Specific powers of trustee - Any references contained in a will or trust incorporating by...

§ 91-8-817. Distribution upon termination - Upon termination or partial termination of a trust, the trustee...

Article 9 - Uniform Prudent Investor Act

§ 91-8-901. Prudent Investor Act incorporated by reference - Title 91, Chapter 9, Article 13, the Mississippi Uniform Prudent...

Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee

§ 91-8-1001. Remedies for breach of trust - A violation by a trustee of a duty the trustee...

§ 91-8-1002. Damages for breach of trust - A trustee who commits a breach of trust is liable...

§ 91-8-1003. Damages in absence of breach - Absent a breach of trust, a trustee is not liable...

§ 91-8-1004. Attorney's fees and costs - In a judicial proceeding involving the administration of a trust,...

§ 91-8-1005. Limitation of action against trustee by a beneficiary, a trustee, trust advisor or trust protector - A beneficiary may not commence a proceeding against a trustee...

§ 91-8-1006. Reliance on trust instrument - A trustee who acts in reasonable reliance on the terms...

§ 91-8-1007. Event affecting administration or distribution - If the happening of an event, including marriage, divorce, performance...

§ 91-8-1008. Exculpation of trustee - A provision of a trust relieving a trustee of liability...

§ 91-8-1009. Beneficiary's consent, release, or ratification - A trustee is not liable to a beneficiary for breach...

§ 91-8-1010. Limitation on personal liability of trustee - Except as otherwise provided in the contract, a trustee is...

§ 91-8-1011. Interest as general partner - Except as otherwise provided in subsection (c) or unless personal...

§ 91-8-1012. Protection of person dealing with trustee - A person other than a beneficiary who in good faith...

§ 91-8-1013. Certification of trust - Instead of furnishing a copy of the trust instrument to...

§ 91-8-1014. Enforcement of no-contest, in terrorem or forfeiture provisions - For the purposes of this section, "no-contest provision" includes a...

Article 11 - Miscellaneous Provisions

§ 91-8-1101. Uniformity of application and construction - In applying and construing this chapter, consideration must be given...

§ 91-8-1102. Electronic records and signatures - The provisions of this chapter governing the legal effect, validity,...

§ 91-8-1103. Severability clause - If any provision of this chapter or its application to...

§ 91-8-1104 and 91-8-1105. - Except as otherwise provided in this chapter: If a right...

§ 91-8-1107. Alter ego - Absent clear and convincing evidence, no settlor of an irrevocable...

§ 91-8-1108. Dominion and control over a trust - In the event a person challenges a settlor's or a...

§ 91-8-1109. Protection of special needs trusts and other similar trusts for disabled persons - Notwithstanding the provisions of this chapter that may otherwise be...

Article 12 - Trust Advisors and Trust Protectors

§ 91-8-1201. Powers of trust advisors and trust protectors - A trust protector or trust advisor is any person, and...

§ 91-8-1202. Trust advisors and trust protectors as fiduciaries - A trust advisor or trust protector, other than a beneficiary,...

§ 91-8-1203. Trust advisor and trust protector subject to court jurisdiction - By accepting appointment to serve as a trust advisor or...

§ 91-8-1204. No duty to review actions of trustee, trust advisor, or trust protector - Whenever, pursuant to the terms of a trust, an excluded...

§ 91-8-1205. Fiduciary's liability for action or inaction of trustee, trust advisor, and trust protector - An excluded fiduciary is not liable, either individually or as...

§ 91-8-1206. Limitation of action against trust advisor or trust protector - A beneficiary may not commence a proceeding against a trust...

Chapter 9 - Trusts and Trustees

Article 9 - Administration of Private Foundation Trusts, Charitable Trusts, and Split-Interest Trusts

§ 91-9-401. Prohibited acts - In the administration of any trust which is a "private...

§ 91-9-403. Distribution of amounts to avoid tax liability - In the administration of any trust which is a "private...

§ 91-9-405. Applicability of Sections 91-9-401 and 91-9-403 when contrary to trust instrument - The provisions of Sections 91-9-401 and 91-9-403 shall not apply...

§ 91-9-407. Amendment of trust instrument to exclude application of Sections 91-9-401 and 91-9-403 - The trustees of any trust which is a "private foundation"...

§ 91-9-409. Rights and powers of courts and attorney general - Nothing in Sections 91-9-401 through 91-9-411 shall impair the rights...

§ 91-9-411. References to United States Internal Revenue Code - All references to sections of the United States Internal Revenue...

Article 11 - Family Trust Preservation Act of 1998

§ 91-9-501. Definitions - The following words and phrases shall have the meanings ascribed...

§ 91-9-503. Beneficiary's interests not subject to transfer; restrictions on transfers and enforcements of money judgments - Except as provided in Section 91-9-509, if the trust instrument...

§ 91-9-505. Trust monies designated for education or support of beneficiary; restrictions on transfers and enforcements of money judgments - Except as provided in Section 91-9-509, if the trust instrument...

§ 91-9-511. Application of act; date of trust creation - Sections 91-9-501 through 91-9-511 shall apply to trusts created, defined...

Article 13 - Uniform Prudent Investor Act

§ 91-9-601. Prudent investor rule - Except as otherwise provided in subsection (b), a trustee who...

§ 91-9-603. Standard of care; portfolio strategy; risk and return - A trustee shall invest and manage trust assets as a...

§ 91-9-605. Diversification - A trustee shall diversify the investments of the trust unless...

§ 91-9-607. Duties at inception of trusteeship - Within a reasonable time after accepting a trusteeship or receiving...

§ 91-9-609. Loyalty - A trustee shall invest and manage the trust assets solely...

§ 91-9-611. Impartiality - If a trust has two (2) or more beneficiaries, the...

§ 91-9-613. Investment costs - In investing and managing trust assets, a trustee may only...

§ 91-9-615. Reviewing compliance - Compliance with the prudent investor rule is determined in light...

§ 91-9-617. Delegation of investment and management - A trustee may delegate investment and management functions that a...

§ 91-9-619. Language invoking standard of article - The following terms or comparable language in the provisions of...

§ 91-9-621. Application to existing trusts - This article applies to trusts existing on and created after...

§ 91-9-623. Uniformity of application and construction - This article shall be applied and construed to effectuate its...

§ 91-9-625. Short title - Sections 91-9-601 through 91-9-627 may be cited as the "Mississippi...

§ 91-9-627. Severability - If any provision of this article or its application to...

Article 15 - Mississippi Qualified Disposition in Trust Act

§ 91-9-701. Short title - This article shall be known and may be cited as...

§ 91-9-703. Definitions - As used in this article, unless the context otherwise requires:...

§ 91-9-705. Qualified affidavit; contents - A qualified affidavit shall state that: The transferor has full...

§ 91-9-707. Claims or actions against property subject to qualified disposition; claims or actions against trustees - Notwithstanding any law to the contrary, no action of any...

§ 91-9-709. Transferor's powers and rights - A transferor shall have only the powers and rights conferred...

§ 91-9-711. Avoidance of qualified disposition - A qualified disposition shall be avoided only to the extent...

§ 91-9-713. Spendthrift restriction - A spendthrift provision as described in Section 91-9-703(n)(3) shall be...

§ 91-9-715. Qualified trustees; advisors - For purposes of this article, neither the transferor nor any...

§ 91-9-717. Investment advisors; service - A person may serve as an investment advisor notwithstanding that...

§ 91-9-719. Failure to meet requirements; qualified trustees - If a qualified trustee of a qualified disposition trust ceases...

§ 91-9-721. Revocation - A qualified disposition trust shall not be deemed revocable on...

§ 91-9-723. Application of article - This article shall apply to qualified dispositions and dispositions by...

Chapter 11 - Fiduciary Security Transfers

§ 91-11-1. Citation of chapter - This chapter may be cited as the Uniform Act for...

§ 91-11-3. Definitions - In this chapter, unless the context otherwise requires: "Assignment" includes...

§ 91-11-5. Registration in name of fiduciary - A corporation or transfer agent registering a security in the...

§ 91-11-7. Assignment by fiduciary - Except as otherwise provided in this chapter, a corporation or...

§ 91-11-9. Evidence of appointment or incumbency - A corporation or transfer agent making a transfer pursuant to...

§ 91-11-13. Non-liability of corporation and transfer agent - A corporation or transfer agent incurs no liability to any...

§ 91-11-19. Tax obligations - This chapter does not affect any obligation of a corporation...

§ 91-11-21. Uniformity of interpretation - This chapter shall be so construed as to effectuate its...

Chapter 13 - Fiduciary Investments

§ 91-13-1. Investment by fiduciaries of funds held in trust - All trustees, guardians, and other fiduciaries in this state, unless...

§ 91-13-3. Authority to prudently invest in all property - In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property...

§ 91-13-5. "Legal investment" construed - Whenever the express terms or limitations set forth in any...

§ 91-13-6. Federally insured accounts and certificates of deposit as legal investments - All trustees, guardians, administrators, executors and other fiduciaries may, without...

§ 91-13-7. General powers of courts not affected - Nothing contained in this chapter shall be construed to limit...

§ 91-13-8. Direct obligations of United States of America to include interests in certain open-end or closed-end management type investment company or investment trust - All trustees, guardians, administrators, executors and other fiduciaries, whenever a...

§ 91-13-9. Application of chapter - Fiduciaries acting under authority heretofore or hereafter granted shall be...

§ 91-13-11. Tennessee Valley Authority bonds and obligations as legal investments - All bonds and other obligations issued by the Tennessee Valley...

Chapter 15 - Release of Powers of Appointment

§ 91-15-1. Citation of chapter - This chapter may be cited as the "release of power...

§ 91-15-3. Definitions - When used in this chapter, unless the context otherwise requires:...

§ 91-15-5. Right to release - Unless the instrument creating the power specifically provides to the...

§ 91-15-7. Manner of effecting release - A release of a power, whether partial or complete, shall...

§ 91-15-9. Release heretofore made - A release of a power executed prior to April 10,...

§ 91-15-11. Right of release not exclusive - The rights and means provided in this chapter for the...

§ 91-15-13. Delivery of release as notice - Any fiduciary or other person, association, or corporation having the...

§ 91-15-15. Recordation as notice - Any purchaser or mortgagee of real property subject to a...

§ 91-15-17. Manner of recording release - Clerks of chancery courts are authorized and directed to record...

§ 91-15-19. Release not invalid for failure to comply with certain sections - No release shall be invalid or ineffective because of failure...

§ 91-15-21. Controlling effect of chapter - In so far as the provisions of this chapter may...

Chapter 17 - Mississippi Principal and Income Act of 2013

Article 1 - Definitions and Fiduciary Duties

§ 91-17-101. Short title - This chapter may be cited as the Mississippi Principal and...

§ 91-17-102. Definitions - In this chapter:

§ 91-17-103. Fiduciary duties; general principles - In allocating receipts and disbursements to or between principal and...

§ 91-17-104. Trustee's power to adjust - A trustee may adjust between principal and income to the...

§ 91-17-105. Judicial control of discretionary power - The court may not order a fiduciary to change a...

Article 2 - Decedent's Estate or Terminating Income Interest

§ 91-17-201. Determination and distribution of net income - After a decedent dies, in the case of an estate,...

§ 91-17-202. Distribution to residuary and remainder beneficiaries - Each beneficiary described in Section 91-17-201(4) is entitled to receive...

Article 3 - Apportionment at Beginning and End of Income Interest

§ 91-17-301. When right to income begins and ends - An income beneficiary is entitled to net income from the...

§ 91-17-302. Apportionment of receipts and disbursements when decedent dies or income interest begins - A trustee shall allocate an income receipt or disbursement other...

§ 91-17-303. Apportionment when income interest ends - In this section, "undistributed income" means net income received before...

Article 4 - Allocation of Receipts During Administration of Trust

§ 91-17-401. Character of receipt - In this section, "entity" means a corporation, partnership, limited liability...

§ 91-17-402. Distribution from trust or estate - A trustee shall allocate to income an amount received as...

§ 91-17-403. Business and other activities conducted by trustee - If a trustee who conducts a business or other activity...

§ 91-17-404. Principal receipts - A trustee shall allocate to principal:

§ 91-17-405. Rental property - To the extent that a trustee accounts for receipts from...

§ 91-17-406. Obligation to pay money - An amount received as interest, whether determined at a fixed,...

§ 91-17-407. Insurance policies and similar contracts - Except as otherwise provided in subsection (b), a trustee shall...

§ 91-17-408. Insubstantial allocations not required - If a trustee determines that an allocation between principal and...

§ 91-17-409. Deferred compensation, annuities, and similar payments - In this section: To the extent that a payment is...

§ 91-17-410. Liquidating asset - In this section, "liquidating asset" means an asset whose value...

§ 91-17-411. Minerals, water, and other natural resources - To the extent that a trustee accounts for receipts from...

§ 91-17-412. Timber - To the extent that a trustee accounts for receipts from...

§ 91-17-413. Property not productive of income - If a marital deduction is allowed for all or part...

§ 91-17-414. Derivative and options - In this section, "derivative" means a contract or financial instrument...

§ 91-17-415. Asset-backed securities - In this section, "asset-backed security" means an asset whose value...

Article 5 - Allocation of Disbursements During Administration of Trust

§ 91-17-501. Disbursements from income - A trustee shall make the following disbursements from income to...

§ 91-17-502. Disbursements from principal - A trustee shall make the following disbursements from principal: If...

§ 91-17-503. Transfers from income to principal for depreciation - In this section, "depreciation" means a reduction in value due...

§ 91-17-504. Transfers from income to reimburse principal - If a trustee makes or expects to make a principal...

§ 91-17-505. Income taxes - A tax required to be paid by a trustee based...

§ 91-17-506. Adjustments between principal and income because of taxes - A fiduciary may make adjustments between principal and income to...

Article 6 - Miscellaneous Provisions

§ 91-17-601. Uniformity of application and construction - In applying and construing this chapter, consideration must be given...

§ 91-17-602. Severability clause - If any provision of this chapter or its application to...

§ 91-17-603. Application of chapter to existing trusts and estates - This chapter applies to every trust or decedent's estate existing...

§ 91-17-604. Transitional matter - Section 91-17-409 applies to a trust described in Section 91-17-409(d)...

§ 91-17-1 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-3 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-5 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-7 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-9 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-11 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-13 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-15 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-17 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-19 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-21 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-23 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-25 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-27 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-29 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

§ 91-17-31 Repealed. - Repealed by Laws, 2012, ch. 351, § 2, effective from...

Chapter 20 - Transfers to Minors

§ 91-20-1. Short title - This chapter may be cited as the "Mississippi Uniform Transfers...

§ 91-20-3. Definitions - In this chapter: "Adult" means an individual who has attained...

§ 91-20-9. Transfer by irrevocable gift or exercise of appointment power in favor of custodian - A person may make a transfer by irrevocable gift to,...

§ 91-20-17. Written receipt from custodian; effect - A written acknowledgment of delivery by a custodian constitutes a...

§ 91-20-19. Creation and transfer of custodial property - Click to view "TRANSFER UNDER THE MISSISSIPPI UNIFORMTRANSFERS TO MINORS...

§ 91-20-21. One custodian for one minor - A transfer may be made only for one (1) minor,...

§ 91-20-33. Good faith reliance on capacity of purported custodian - A third person in good faith and without court order...

§ 91-20-41. Time for transfer of custodial property to minor or minor's estate - The custodian shall transfer in an appropriate manner the custodial...

§ 91-20-43. Applicability of chapter to certain transfers - This chapter applies to a transfer within the scope of...

§ 91-20-47. Construction of chapter - This chapter shall be applied and construed to effectuate its...

§ 91-20-49. Severability of provisions of chapter - If any provisions of this chapter or its application to...

Chapter 21 - Uniform Transfer-on-Death Security Registration Act

§ 91-21-1. Short title - This chapter shall be known and may be cited as...

§ 91-21-3. Definitions - In this chapter, unless the context otherwise requires: "Beneficiary form"...

§ 91-21-5. Registration in beneficiary form; sole or joint tenancy ownership - Only individuals whose registration of a security shows sole ownership...

§ 91-21-7. Registration in beneficiary form; applicable law - A security may be registered in beneficiary form if the...

§ 91-21-9. Origination of registration in beneficiary form - A security, whether evidenced by certificate or account, is registered...

§ 91-21-11. Form of registration in beneficiary form - Registration in beneficiary form may be shown by the words...

§ 91-21-13. Effect of registration in beneficiary form - The designation of a TOD beneficiary on a registration in...

§ 91-21-15. Ownership on death of owner - On death of a sole owner or the last to...

§ 91-21-25. Application of chapter - This chapter applies to registrations of securities in beneficiary form...

Chapter 23 - Revised Uniform Fiduciary Access to Digital Assets Act

§ 91-23-1. Short title - This chapter may be cited as the Revised Uniform Fiduciary...

§ 91-23-3. Definitions - In this chapter the following terms shall have the meanings...

§ 91-23-13. Disclosure of content of electronic communications of deceased user - If a deceased user consented or a court directs disclosure...

§ 91-23-15. Disclosure of other digital assets of deceased user - Unless the user prohibited disclosure of digital assets or the...

§ 91-23-17. Disclosure of content of electronic communications of principal - To the extent a power of attorney expressly grants an...

§ 91-23-19. Disclosure of other digital assets of principal - Unless otherwise ordered by the court, directed by the principal...

§ 91-23-21. Disclosure of digital assets held in trust when trustee is original user - Unless otherwise ordered by the court or provided in a...

§ 91-23-23. Disclosure of contents of electronic communications held in trust when trustee not original user - Unless otherwise ordered by the court, directed by the user,...

§ 91-23-25. Disclosure of other digital assets held in trust when trustee not original user - Disclosure of other digital assets held in trust when trustee...

§ 91-23-33. Uniformity of application and construction - In applying and construing this uniform act, consideration must be...

§ 91-23-35. Relation to Electronic Signatures in Global and National Commerce Act - This chapter modifies, limits or supersedes the Electronic Signatures in...

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Mississippi Code Title 91 - Trusts and Estates

Mississippi Code
Title 91 - Trusts and Estates