Bill Text: MS SB2308 | 2016 | Regular Session | Introduced

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Bill Title: Pre-mortem probate; create.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [SB2308 Detail]

Download: Mississippi-2016-SB2308-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary, Division A

By: Senator(s) Tindell

Senate Bill 2308

AN ACT TO CREATE A PROCEDURE WHEREBY A TESTATOR CAN SEEK A DECLARATORY JUDGMENT FINDING THE LAST WILL AND TESTAMENT SUBMITTED TO THE COURT TO BE FOUND VALID BEFORE THE DEATH OF THE TESTATOR; TO PROVIDE FOR NECESSARY PARTIES AND SERVICE OF PROCESS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Action for declaratory judgment.  (1)  Any person who executes a will disposing of all or part of an estate located in Mississippi may institute an action in the chancery court of the appropriate county for a declaratory judgment establishing the validity of the will.

     (2)  All beneficiaries named in the will and all the testator's existing intestate successors shall be named parties to the action.

     (3)  For the purpose of this section, the beneficiaries and intestate successors shall be deemed possessed of inchoate property rights.

     (4)  Service of process shall be as in other motions for declaratory judgment.

     (5)  A declaratory judgment rendered pursuant to this section does not affect the testator's right to revoke the will or execute any codicil.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.