MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary A
By: Representative Gibbs (72nd) (By Request)
AN ACT TO AUTHORIZE ANY PERSON WHO IS A JOINT TENANT, TENANT IN COMMON OR COPARCENER AS A RESULT OF THE DISTRIBUTION OF AN ESTATE, AND WHO HAS PAID AD VALOREM TAX FOR TWO CONSECUTIVE YEARS ON SUCH PROPERTY TO PETITION THE CHANCERY COURT TO OBTAIN SOLE OWNERSHIP OR A GREATER OWNERSHIP INTEREST IN THE PROPERTY; TO AMEND SECTION 27-10-11, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 27-10-9, WHICH PROVIDES THE PROCEDURE FOR DETERMINING APPORTIONMENT OF AN ESTATE, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Any joint tenant, tenant in common or coparcener in real property with another joint tenant, tenant in common or coparcener as a result of the distribution of an estate may petition the chancery court to be granted sole ownership or a greater ownership interest in the property to which they are a joint tenant, tenant in common or coparcener if such person has paid the ad valorem tax due on the property under Section 27-35-1 et seq., for two (2) consecutive years after the effective date of this act. The court may award, in its discretion, a greater ownership interest than the petitioner requested in the petition. If the court awards a greater ownership interest than requested, the court shall place an explanation for the award in the record of the proceeding.
SECTION 2. Section 27-10-11, Mississippi Code of 1972, is amended as follows:
27-10-11. Method Of Proration.
(1) The fiduciary or other person required to pay the tax may withhold from any property of the decedent in his possession, distributable to any person interested in the estate, the amount of tax attributable to his interest. If the property in possession of the fiduciary or other person required to pay the tax and distributable to any person interested in the estate is insufficient to satisfy the proportionate amount of the tax determined to be due from the person, the fiduciary or other person required to pay the tax may recover the deficiency from the person interested in the estate. If the property is not in the possession of the fiduciary or the other person required to pay the tax, the fiduciary or the other person required to pay the tax may recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this chapter.
(2) If property held by the fiduciary or other person is distributed prior to final apportionment of the tax, the fiduciary or other person may require the distributee to provide a bond or other security for the apportionment liability in the form and amount prescribed by the fiduciary, with the approval of the chancery court having jurisdiction of the administration of the estate.
(3) A fiduciary or other person required to pay the tax may withhold distribution of real property against any joint tenant, tenant in common or coparcener of the property who has not paid his or her attributable interest in the property.
SECTION 3. Section 27-10-9, Mississippi Code of 1972, is brought forward as follows:
27-10-9. Procedures For Determining Apportionment.
(1) The chancery court in which venue lies for the administration of the estate of a decedent, on petition for the purpose may determine the apportionment of the tax.
(2) If the chancery court finds that it is inequitable to apportion interest and penalties in the manner provided in this chapter because of special circumstances, it may direct apportionment thereon in the manner it finds equitable.
(3) The expenses reasonably incurred by any fiduciary and by other person interested in the estate in connection with the determination of the amount and apportionment of the tax shall be apportioned as provided in Section 27-10-3 and charged and collected as a part of the tax apportioned. If the chancery court finds it is inequitable to apportion the expenses as provided in Section 27-10-3, it may direct apportionment thereof equitably.
(4) If the chancery court finds that the assessment of penalties and interest assessed in relation to the tax is due to delay caused by the negligence of the fiduciary, the court may charge him with the amount of the assessed penalties and interest.
(5) In any suit or judicial proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this chapter, the determination of the chancery court in respect thereto is prima facie correct.
SECTION 4. This act shall take effect and be in force from and after July 1, 2020.