Court Safekeeping of Original Wills in Mississippi
At a glance
| Statutory safekeeping route | Cited §§ 91-7-1 and -5 govern postdeath proof and compelled production, not a lifetime safekeeping filing. |
|---|---|
| Who may deposit | Cited provisions address a person holding a will who may be compelled to produce it (§ 91-7-5). |
| Proper court or clerk | Chancery court of testator's county of fixed residence for proof; land-location court if no fixed residence and land devised (§ 91-7-1). |
| Envelope and filing record | Cited proof and production provisions specify no lifetime deposit wrapper or record (§§ 91-7-1, -5). |
| Fee and receipt | Cited proof and production provisions specify no lifetime safekeeping fee or receipt (§§ 91-7-1, -5). |
| Custody before death | Cited provisions concern proof and compelled production, not court storage before death (§§ 91-7-1, -5). |
| Retrieval before death | Cited provisions concern proof and compelled production, not lifetime retrieval (§§ 91-7-1, -5). |
| Notice after death | Proper chancery court may compel a known holder to produce the will (§ 91-7-5); cited provisions set no death-notice process. |
| Opening and release after death | Proper chancery court may compel production by a will holder; will is proved in chancery court under venue rule (§§ 91-7-1, -5). |
Current court procedure
Miss. Code Ann. § 91-7-1 places proof of wills and issuance of testamentary letters in the chancery court of the county where the testator had a fixed residence. If the testator had none and devised land, the land's county is the stated venue. Under § 91-7-5, when the proper chancery court is informed that a person holds the will, it “may compel such person to produce it.” These are probate and production rules; they do not describe a lifetime safekeeping deposit.
What trips people up
The production power in § 91-7-5 depends on the proper chancery court being informed that someone has the will. The venue rule in § 91-7-1 concerns where a will is proved, not where its maker may place it while alive.
Common questions
Can the court require a holder to bring in a will? Yes. Section 91-7-5 gives the proper chancery court that power when it is informed that a person has the testator's will.
Where is a resident testator's will proved? Section 91-7-1 names the chancery court in the county where the testator had a fixed residence.
Statutes and sources
- Miss. Code Ann. §§ 91-7-1 and -5: operative text, quoted with source URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does Mississippi law mean for your facts?
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