Mississippi Code

Miss. Code Ann. § 9-5-137 (2026)

Other duties of the clerk

✓ current as of July 2026
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It shall be the duty of the clerk to preserve and keep all records, files, papers and proceedings belonging to his office, and to record all last wills and testaments which may be probated; all letters testamentary, of administration, and guardianship; all accounts allowed; all inventories, appraisements, and reports duly returned; all instruments which are duly proved, and which by law are required to be recorded in his office, in well-bound books to be kept for that purpose, each class in a separate book or books, or by means of electronic filing or storage or both in addition to or in lieu of any such physical records as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect; all records shall be properly indexed. He shall issue all process which may be required of him by law or by order of the court, or the chancellor in vacation; and shall discharge all other duties which may be required of him by law, or which properly appertain to the duties of his office. The clerk shall be under the direction of the court in termtime, and of the chancellor in vacation.

Codes, 1871, § 996; 1880, § 1822; 1892, § 477; 1906, § 526; Hemingway's 1917, § 283; 1930, § 327; 1942, § 1237; Laws, 1994, ch. 521, § 5, eff. 3/25/1994.


Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1999–2021 · leading case: USF&G CO. v. Conservatorship of Melson, 809 So. 2d 647 (Miss. 2002).
USF&G CO. v. Conservatorship of Melson, 809 So. 2d 647 (Miss. 2002). · cites it 2× “§ 9-5-137 provides: It shall be the duty of the clerk to preserve and keep all records, files, papers and proceedings belonging to his office, and to record all last wills and testaments which may be probated; all letters testamentary, of administration, and guardianship; all…”
In the Matter of the Last Will & Testament of George Ben Ratcliff, Deceased: Amanda Ratcliff Boyd, George Ben Ratcliff, Jr. & John Michael Eaton v. Patricia Diane Ratcliff Smith (Miss. 2021). “” Miss. Code Ann. § 9-5-137 (Rev. 2019). But recording the original will in the will book after probate differs from the predicate step of filing the original will in the chancery court along with the petition for probate.”
United States Fid. & Guar. Co. v. Iris Althea Melson (Miss. 1999). “§ 9-5-137 provides: It shall be the duty of the clerk to preserve and keep all records, files, papers and proceedings belonging to his office, and to record all last wills and testaments which may be probated; all letters testamentary, of administration, and guardianship; all…”
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