Bill Text: MS SB2034 | 2022 | Regular Session | Enrolled

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Bill Title: Intestacy; revise provisions for venue.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2022-04-13 - Approved by Governor [SB2034 Detail]

Download: Mississippi-2022-SB2034-Enrolled.html

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MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary, Division A

By: Senator(s) McCaughn

Senate Bill 2034

(As Sent to Governor)

AN ACT TO AMEND SECTION 91-7-63, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT LETTERS OF ADMINISTRATION SHALL BE GRANTED BY THE CHANCERY COURT OF THE COUNTY IN WHICH THE INTESTATE OWNED LAND IF THE INTESTATE HAD NO FIXED PLACE OF RESIDENCE; TO REMOVE THE PROVISION OF LAW THAT PROVIDED FOR LETTERS OF ADMINISTRATION TO BE ISSUED BY THE CHANCERY COURT IN THE COUNTY IN WHICH THE INTESTATE HAD PERSONAL PROPERTY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 91-7-63, Mississippi Code of 1972, is amended as follows:

     91-7-63.  (1)  Letters of administration shall be granted by the chancery court of the county in which the intestate had, at the time of his death, a fixed place of residence * * *; but.  If the intestate did not have a fixed place of residence, then by the chancery court of the county where the intestate owned land.  If the intestate did not have a fixed place of residence and did not own land, then by the chancery court of the county where the intestate died * * *, or that in which his personal property or some part of it may be.  The court shall grant letters of administration to the relative who may apply, preferring first the husband or wife and then such others as may be next entitled to distribution if not disqualified, selecting amongst those who may stand in equal right the person or persons best calculated to manage the estate; or the court may select a stranger, a trust company organized under the laws of this state, or of a national bank doing business in this state, if the kindred be incompetent.  If such person does not apply for administration within thirty (30) days from the death of an intestate, the court may grant administration to a creditor or to any other suitable person.  

     (2)  In addition to the rights and duties of the administrator contained in this chapter, he shall also have those rights, powers and remedies as set forth in Section 91-9-9.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022.

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