MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Judiciary A

By: Representative Rushing

House Bill 1153

AN ACT TO AMEND SECTION 91-7-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE VIDEO RECORDED WILLS; TO AMEND SECTION 91-5-15, MISSISSIPPI CODE OF 1972, TO REQUIRE NUNCUPATIVE WILLS TO BE VIDEO RECORDED; TO PROVIDE ADDITIONAL REQUIREMENTS FOR SUCH WILLS; TO AMEND SECTION 91-5-17, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO REPEAL SECTION 91-5-19, MISSISSIPPI CODE OF 1972, WHICH REQUIRED A NUNCUPATIVE WILL TO BE WRITTEN AT A LATER DATE FOR VALIDITY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 91-7-31, Mississippi Code of 1972, is amended as follows:

     91-7-31.  All original written or video recorded wills, after probate thereof, shall be recorded and remain in the office of the clerk of the court where they were proved, except during the time they may be removed to any other court under proper process, from which they shall be duly returned to the proper office.  Authenticated copies of such wills may be recorded in any county in this state.

     SECTION 2.  Section 91-5-15, Mississippi Code of 1972, is amended as follows:

     91-5-15.  A nuncupative will shall * * * not only be * * *established valid if it is video recorded and witnessed by a disinterested third party and:

(a)  The subject of the will states the following at the beginning and end of the video recording:  (i) his or her name, (ii) that he or she is of sound mind at the time of the recording and (iii) the date and location of the video recording;

(b)  The video recording shall be a continuous recording with no interruptions, pauses or other disturbances;

(c)  The disinterested third party states his or her name and that he or she "has no financial interest or valuable interest or any other interests to be gained" from the subject of the will; and

(d)  The entire face of the subject can be clearly seen during the entire recording.  * * *unless it be made in the time of the last sickness of the deceased at his or her habitation or where he or she hath resided for ten days next preceding the time of his or her death, except when such person is taken sick from home and die before his or her return to such habitation, nor where the value bequeathed exceeds One Hundred Dollars ($100.00) unless it be proved by two witnesses that the testator or testatrix called on some person present to take notice or bear testimony that such is his or her will, or words to that effect.

     SECTION 3.  Section 91-5-17, Mississippi Code of 1972, is amended as follows:

     91-5-17.  The probate of any nuncupative will shall not be taken, or letters testamentary granted thereon, until after the * * *expiration of fourteen days from the time of the decease of the testator or testatrix, nor until the widow, if any, and next of kin, if resident in this state, have been summoned to contest the same if they think proper requirements of Section 91-5-15 are met.

     SECTION 4.  Section 91-5-19, Mississippi Code of 1972, which requires a nuncupative will to be written after its recording, is repealed.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2025.

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