Effective July 1, 2022, the Mississippi Legislature changed the rules regarding which chancery court can issue letters of administration.

Previously Section 91-7-63 read as follows:

Letters of administration shall be granted by the chancery court of the county in which the intestate had, at the time of his death, a fixed place of residence; but if the intestate did not have a fixed place of resident, then by the chancery court of the county where the intestate died, or that in which his personal property or some part of it may be.

As a result of the recent amendment, the statute now reads:

Letters of administration shall be granted by the chancery court of the county in which the intestate had, at the time of his death, a fixed place of residence. If the intestate did not have a fixed place of residence, then by the chancery court of the county where the intestate owned land. If the intestate did not have a fixed place of residence and did not own land, then by the chancery court of the county where the intestate died.

Thus, the revised statute provides a three-tier approach. The proper chancery court is the one located in:

1. the county in which the intestate had, at the time of his death, a fixed place of residence. If this does not apply, then,

2. the county where the intestate owned land. If this does not apply, then,

3. the county where the intestate died.



S. Craig Panter

Panter Law Firm, PLLC

601-607-3156

www.craigpanterlaw.com