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MS SB2850

MS SB2850
Small estates; clarify muniment of title and affidavit of succession.


summary

Introduced
02/17/2020
In Committee
03/25/2020
Crossed Over
03/11/2020
Passed
06/17/2020
Dead
Signed/Enacted/Adopted
06/23/2020

Introduced Session

2020 Regular Session

Bill Summary

An Act To Amend Sections 91-1-1, 91-5-35, 91-7-1, 91-7-33, 91-17-412 And 91-17-501, Mississippi Code Of 1972, To Allow A Will To Be Admitted To Probate As Muniment Of Title Only By Filing Signed And Sworn Petitions Without Necessity Of Administration; To Amend Section 91-7-322, Mississippi Code Of 1972, To Revise The Threshold Under Which Payment Of Personal Property Can Be Made Upon Affidavit Of Successor; And For Related Purposes.

AI Summary

This bill amends several sections of the Mississippi Code of 1972 to allow for a will to be admitted to probate as a "muniment of title" without the necessity of formal administration, and to revise the threshold for payment of personal property upon an affidavit of succession. Key provisions include: - Applying the state's inheritance laws to property of decedents domiciled in Mississippi and non-residents' real property in the state. - Allowing a will to be admitted to probate as a "muniment of title" (i.e., as evidence of ownership) without formal administration, if the decedent's probate estate does not exceed $75,000 (up from $50,000) and all known debts have been paid. - Revising the requirements for who must sign the petition to admit a will as a muniment of title. - Allowing a representative to sign on behalf of the decedent's spouse or beneficiaries under certain circumstances. - Clarifying the probate process for wills that dispose of only real property in Mississippi, rather than personal property. - Updating the rules for allocation of income and principal from the sale of timber from a trust. The bill aims to simplify the probate process for small estates in Mississippi.

Committee Categories

Justice

Sponsors (2)

Last Action

Approved by Governor (on 06/23/2020)

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