MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Judiciary A

By: Representative Moak

House Bill 1184

AN ACT TO AMEND SECTION 91-5-35, MISSISSIPPI CODE OF 1972, TO LIMIT THE BENEFICIARIES THAT MUST JOIN THE PETITION TO PROBATE TO ONLY THOSE BENEFICIARIES WHO WERE DEVISED REAL PROPERTY LOCATED IN MISSISSIPPI; TO INCREASE THE VALUE OF THE DECEDENT'S PERSONAL ESTATE AT THE TIME OF DEATH TO TWENTY THOUSAND DOLLARS; TO BRING FORWARD SECTION 91-7-19, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 91-5-35, Mississippi Code of 1972, is amended as follows:

     91-5-35.  (1)  When a person dies testate owning at the time of death real property located in * * * the State of Mississippi and * * * his the will * * * purports todevises such * * * realtyproperty, then * * * said the will may be admitted to probate, as a muniment of title only, by petition signed and sworn to by all beneficiaries * * * named in the will who were devised real property located in Mississippi, and by the spouse of * * * such the deceased person if * * * such the spouse is not named as a beneficiary in the will, without the necessity of administration or the appointment of an executor or administrator with the will annexed, provided it be shown by said petition that:

          (a)  The value of the decedent's personal estate in * * * the State of Mississippi at the time of his or her death, exclusive of any interest in real property, did not exceed the sum of * * * Ten Thousand Dollars ($10,000.00)Twenty Thousand Dollars ($20,000.00), exclusive of exempt property; and

          (b)  All known debts of the decedent and his or her estate have been paid, including estate and income taxes, if any.

     (2)  If * * * any a beneficiary to * * * any a will admitted to probate pursuant to this section shall be under a disability, then the petition may be signed for * * * him the disabled beneficiary by * * * one of hisa parent or * * * his legal guardian.

     (3)  The probate of a will under this section shall in no way affect the rights of any interested party to petition for a formal administration of the estate or to contest the will as provided by Section 91-7-23, * * * Mississippi Code of 1972, or the right of anyone desiring to contest a will presented for probate as provided by Section 91-7-21, or as otherwise provided by law.

     (4)  This section shall apply to wills admitted to probate from and after July 1, 1984, notwithstanding that the testator or testatrix may have died on or before July 1, 1984.

     SECTION 2.  Section 91-7-19, Mississippi Code of 1972, is brought forward as follows:

     91-7-19.  Any proponent of a will for probate may, in the first instance, make all interested persons parties to his application to probate the will, and in such case all who are made parties shall be concluded by the probate of the will.  At the request of either party to such proceeding, an issue shall be made up and tried by a jury as to whether or not the writing propounded be the will of the alleged testator.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2015.

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