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MS SB2850

Bill

Status

Passed

6/23/2020

Primary Sponsor

Sally Doty

Click for details

Origin

Senate

2020 Regular Session

AI Summary

  • Allows wills to be admitted to probate as muniment of title without full administration by filing signed and sworn petitions, removing the previous requirement that all beneficiaries and the spouse must petition.

  • Expands who can petition for muniment of title to include a personal representative serving in a foreign jurisdiction, the surviving spouse, and devisees of Mississippi real property (excluding contingent remainder holders).

  • Increases the probate estate threshold for payment of personal property by affidavit of successor from $50,000 to $75,000.

  • Modifies the definition of "successor" for affidavit purposes to include grandchildren and removes the reference to distribution "per stirpes."

  • Changes the effective date for muniment of title provisions from July 1, 1984 to July 1, 2020, and clarifies timber income allocation in trusts and trustee expense deductions.

Legislative Description

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

Last Action

Approved by Governor

6/23/2020

Committee Referrals

Judiciary A3/25/2020
Judiciary, Division A2/17/2020

Full Bill Text

No bill text available