MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary A

By: Representative Gunn

House Bill 1522

AN ACT TO AMEND SECTION 91-7-259, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON OR FINANCIAL INSTITUTION MAY TURN OVER PERSONAL PROPERTY OR FUNDS OF A DECEDENT IN ITS POSSESSION TO AN EXECUTOR OR ADMINISTRATOR WHO HAS QUALIFIED IN ANOTHER STATE AND MAY RELY UPON A CERTIFIED COPY OF THE RECORD OF THE APPOINTMENT AND QUALIFICATION OF THE EXECUTOR OR ADMINISTRATOR ACCORDING TO THE LAW OF THE STATE WHERE HE IS QUALIFIED; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 91-7-259, Mississippi Code of 1972, is amended as follows:

     91-7-259.  Executors and administrators who have qualified in other states or countries may sue in the courts of this state, or may receive without suit and give a valid acquittance for any personal property or funds on deposit of, or debts due to, their testators or intestates, * * * after filing in the office of the clerk of the chancery court of the county where there may be some person indebted to the decedent or having some of his effects in possession,and in turning over that property or those funds or paying those debts to such an executor or administrator, any person, bank or other financial institution in this state who is indebted to the decedent or has some personal property in possession or funds on deposit may rely without further inquiry upon a certified copy of the record of the appointment and qualification of the executor or administrator according to the law of the state or country where he is qualified * * *, and a certificate of the officer before whom he is liable to account as such that he is there liable to account for the thing sued for or received.

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

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