Executor and Personal-Representative Bond Requirements in Mississippi
At a glance
| Governing law and default bond rule | Mississippi Chancery Court probate law makes bond the ordinary rule: an executor or administrator with the will annexed gives approved bond equal to the full estate, while an intestate administrator gives approved bond equal to the personal estate (§§ 91-7-41, 91-7-67) |
|---|---|
| Covered representative and proceeding | Covers an ordinary executor, administrator with the will annexed, and intestate administrator; a residuary-legatee executor has a separate debts-and-legacies bond option. The surveyed provisions do not state a joint-versus-separate bond rule for cofiduciaries (§§ 91-7-41, 91-7-43, 91-7-67) |
| Will waiver and limits | A will may direct that its executor need not give bond, but the court or clerk may require bond with sufficient sureties when it has reason to do so, at the grant or later; the text does not extend this will waiver to an administrator with the will annexed (§§ 91-7-41, 91-7-45) |
| Beneficiary, heir, or distributee waiver | For an intestate administrator, the chancellor may waive or reduce bond if the administrator is the sole heir or if all heirs are competent and present their sworn petition. The surveyed statutes give no general devisee or beneficiary waiver for an executor or administrator with the will annexed (§ 91-7-67) |
| Demand and court discretion | For a will-exempt executor, a creditor may file a sworn petition stating the claim and danger of loss from bad management or the executor's insolvency; after five days' notice, a creditor-protective bond is required. Independently, the court or clerk may require bond for reason, insufficient bond may be replaced after five days' notice, and a surety may petition as of right for a new bond (§§ 91-7-45, 91-7-315, 91-7-317) |
| Amount, property base, and reduction | Executor/administrator-with-will-annexed bond equals the full estate; intestate-administrator bond equals personal-estate value. A residuary-legatee executor may instead bond debts and legacies, and a creditor bond covers the legal demand. On petition and five days' service on the surety, the chancery court or chancellor may cancel, reduce to protection of the estate, or substitute a bond that exceeds estate value or when other sufficient cause exists (§§ 91-7-41, 91-7-43, 91-7-45, 91-7-67; § 9-5-103) |
| Surety, collateral, deposits, and corporate exceptions | Sureties are approved by the court or clerk; the residuary-legatee alternative requires two or more. An authorized guaranty or surety company may serve, while a qualifying Mississippi-domiciled state or national bank is exempt unless the instrument or court specifically requires bond or other security and fixes the amount. No cash-collateral or restricted-deposit substitute appears in the surveyed provisions (§§ 91-7-41, 91-7-43, 91-7-67, 91-7-319; § 81-5-35) |
| Nonresident and special qualification rules | Nonresidence does not create an express additional-bond rule: § 91-7-89 contemplates letters to a nonresident, but permits revocation after publication or personal notice if that fiduciary neglects annual settlement or due administration. The principal special routes are the residuary-legatee bond and the in-state-bank exemption (§§ 91-7-43, 91-7-89; § 81-5-35) |
| Filing timing, letters, suspension, removal, and lapse | Executor and will-annexed bond and oath are due at or before letters; administrator bond and oath are due at or before the grant. A named executor's failure or refusal to qualify supports will-annexed administration; failure to give a later required bond causes removal or revocation and successor administration. No separate initial-bond deadline is stated; bonds are recorded and originals kept by the chancery clerk (§§ 91-7-39, 91-7-41, 91-7-45, 91-7-67, 91-7-311, 91-7-315, 91-7-317; UCCR 9.03) |
Requirements one by one
The default depends on the kind of appointment
Mississippi uses different amount bases for the ordinary fiduciaries. Miss. Code Ann. §§ 91-7-41, 91-7-43, and 91-7-45 require an executor or administrator with the will annexed to qualify with approved security tied to the full estate, although a residuary- legatee executor may use the separate debts-and-legacies bond. Section 91-7-67 instead ties an intestate administrator's ordinary bond to the personal estate.
The will can excuse its executor from bond, but § 91-7-45 preserves the court's or clerk's power to require bond with sufficient sureties when there is reason to do so. The statute does not extend that will-based excuse to an administrator with the will annexed.
Heir relief is narrower than a general beneficiary waiver
For intestate administration, § 91-7-67 lets the chancellor waive or reduce bond when the administrator is the sole heir or when all heirs are competent and present a sworn petition. The surveyed provisions do not create a comparable unanimous devisee or beneficiary waiver for an executor or administrator with the will annexed.
Later proceedings can change the security
A creditor invoking § 91-7-45 must use a sworn petition describing the claim and the danger from bad management or insolvency, followed by five days' notice. Miss. Code Ann. §§ 91-7-315 and 91-7-317 separately address an insufficient bond and a surety's request for replacement security. Under § 9-5-103, the chancery court or chancellor may cancel, reduce, or substitute an excessive bond after five days' service on the surety.
Qualification and records matter
Sections 91-7-39, 91-7-41, 91-7-67, and 91-7-311 connect the oath and required bond to the grant of authority and permit successor administration when a named executor does not qualify or required security is not supplied. Uniform Chancery Court Rule 9.03 requires the clerk to keep original bonds securely.
What trips people up
- A will waiver does not eliminate the court's power to require security.
- The sole-heir or all-heirs route in § 91-7-67 is an intestate-administration rule, not a general beneficiary waiver.
- A Mississippi-domiciled bank qualifying under § 81-5-35 ordinarily relies on its institutional exemption, but the instrument or court may require and fix security.
- The statutes distinguish the initial bond from a later new or replacement bond; ignoring a later order can lead to revocation or removal.
Common questions
Can a creditor demand bond from a will-exempt executor?
Yes, through the sworn-petition and notice procedure in § 91-7-45 when the statutory danger and claim requirements are met.
Does Mississippi impose a special bond merely because the representative is nonresident?
The surveyed bond provisions do not. Section 91-7-89 instead addresses letters to a nonresident and possible revocation for neglect of settlement or administration.
Statutes and sources
- Miss. Code Ann. §§ 91-7-39, 91-7-41, 91-7-43, 91-7-45, 91-7-67, 91-7-89, 91-7-311, 91-7-315, 91-7-317, and 91-7-319 — qualification, waivers, amount, creditor and surety proceedings, replacement security, and institutional surety — official-code release text, accessed 2026-08-29.
- Miss. Code Ann. § 9-5-103 and § 81-5-35 — reduction or substitution of excessive security and the qualifying bank exception — official-code release text, accessed 2026-08-29.
- Mississippi Uniform Chancery Court Rule 9.03 — custody of original bonds — https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf — accessed 2026-08-29.
Source links
Every statute quoted above, linked, with the date we checked it.
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