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Bill > HB1384


MS HB1384

MS HB1384
Revocable trusts; allow trustees of to file affidavit and proof of publication to settle assets.


summary

Introduced
01/19/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Amend Section 91-8-504, Mississippi Code Of 1972, To Authorize A Trustee Of A Revocable Trust To Publish Notice To Potential Claimants In A Newspaper In Any County Where The Decedent Owned Real Property In Mississippi If The Decedent Was Not A Resident Of The State; To Provide That An Affidavit And Proof Of Publication Of Notice Filed With The Chancery Clerk In The County Of The Decedent's Last Residence Or Where The Decedent Owned Real Property If The Decedent Was Not A Resident Of Mississippi Shall Be As Conclusive As If The Trust Assets Had Been Probated And An Order Of The Court Entered Discharging An Executor Or Administrator; And For Related Purposes.

AI Summary

This bill amends Mississippi law to allow the trustee of a revocable trust to settle the trust's assets more efficiently, particularly when the deceased person (the settlor) was not a resident of Mississippi but owned property there. Specifically, it permits the trustee to publish a notice to potential claimants in a newspaper in any county where the decedent owned real property in Mississippi, even if they didn't live there. If the decedent was a Mississippi resident, the notice can be published in their county of last residence. The bill also allows the trustee to file an affidavit and proof of this publication with the chancery clerk (a court clerk responsible for certain legal matters) in the relevant county. This filing will have the same legal effect as if the trust assets had gone through the formal probate process and a court had officially discharged an executor or administrator, meaning it provides a conclusive way to settle claims against the trust.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

bill text


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