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The Probate Bond Experts
Probate in Mississippi is handled by the Chancery Court, the state's court of equity, in each of the 82 counties. A judge of the Chancery Court is called a chancellor. The Chancery Court with jurisdiction is the one for the county where the deceased lived or owned land. Ten counties are divided into two judicial districts with two courthouses, including Harrison, Hinds, Bolivar, and Jones.
Mississippi is not a Uniform Probate Code state. It administers estates under Title 91, Chapter 7 of the Mississippi Code. The estate fiduciary is an executor when named in a will and an administrator when appointed without one. Mississippi chancery practice requires the executor or administrator to be represented by an attorney. The bond rules sit in Sections 91-7-41 and 91-7-67.
Mississippi imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
Mississippi sets the bond higher than many states, because it is tied to the value of the estate rather than only the personal property. Under Sections 91-7-41 and 91-7-67:
A Mississippi bond is generally required, but it can be waived in defined situations under Title 91, Chapter 7:
Qualifying in a Mississippi estate follows Title 91 and Chancery Court practice:
When a Mississippi bond is required, the cost is a premium paid to the surety company. Because the bond is set at the value of the estate, the premium tracks that value.
Beyond the standard executor and administrator bonds, Mississippi chancery practice uses several additional bond types:
Mississippi does not run a licensing board for private professional fiduciaries, but its chancery system places clear duties on every executor and administrator:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWUsually yes, unless it is waived. Mississippi generally requires an executor or administrator to post a surety bond before qualifying. The bond can be waived by the will, or by the chancellor when the administrator is the sole heir or all heirs petition to waive it.
A testator can relieve the executor of bond in the will. In an intestate estate, the chancellor may waive or reduce the bond when the administrator is the decedent's sole heir, or when all the heirs are competent and present a sworn petition to waive or reduce it.
Most Mississippi probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
An executor, or an administrator with the will annexed, gives bond equal to the full value of the estate including real and personal property under Section 91-7-41. An administrator of an intestate estate gives bond equal to the value of all the personal estate under Section 91-7-67.
Because an executor's bond is set at the full value of the estate, including real property, rather than only the personal property. That broader base can make the bond and its premium larger than in states that bond only personal property.
Most Mississippi probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can take your oath and qualify on time.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The Chancery Court, the state's court of equity, handles probate in the county where the deceased lived or owned land. A judge of the Chancery Court is called a chancellor, and the court sits in each of the 82 counties.
Yes. A person named in a will is an executor, and a person the court appoints when there is no will is an administrator. Mississippi uses these terms directly, though personal representative is sometimes used to refer to either one.
No. Mississippi has no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
The bond, payable to the State, secures the faithful discharge of the executor's or administrator's duties. It protects the heirs and creditors of the estate if the fiduciary mismanages assets or fails to administer the estate as required by law.
The bond stays in force until the estate is fully administered and the chancellor discharges the fiduciary. For estates that stay open across more than one year, the premium is charged annually until that discharge.
Yes. Mississippi chancery court rules require the executor or administrator to be represented by an attorney throughout the administration, unless the fiduciary is an attorney.
Yes. Even when an executor or administrator is otherwise exempt, a creditor of the estate may petition the Chancery Court to require a bond, and the chancellor may order one to protect the estate.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the heirs and creditors. If the surety pays a claim, the executor or administrator is legally obligated to repay the surety.
Under Section 91-7-65, the executor or administrator must be at least 18 years old, of sound mind, and not a convicted felon. The chancellor appoints the person who will serve in the best interests of the estate's heirs.
Yes. Under Section 91-7-319, the executor or administrator may be reimbursed for the cost of the surety bond from estate funds, so the premium is treated as a cost of administration.
You file the bond with the clerk of the Chancery Court in the county with jurisdiction, where the deceased lived or owned land, before Letters Testamentary or Letters of Administration are issued.
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Find Mississippi Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Mississippi probate court directory. We list every county court in Mississippi with contact information and links to local forms.
Mississippi Probate Court Directory