Senate Bill 2482

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) (a) 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.

(b) The purpose of the hearing is to determine if the testator is mentally competent, possesses testamentary capacity, and if the will was executed free of any undue influence.

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

(3) 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, 2017.