Mississippi Code
Miss. Code Ann. § 9-5-83 (2024)
Court may determine all matters in estates administered
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
The court in which a will may have been admitted to probate, letters of administration granted, or a guardian may have been appointed, shall have jurisdiction to hear and determine all questions in relation to the execution of the trust of the executor, administrator, guardian, or other officer appointed for the administration and management of the estate, and all demands against it by heirs at law, distributees, devisees, legatees, wards, creditors, or others; and shall have jurisdiction of all cases in which bonds or other obligations shall have been executed in any proceeding in relation to the estate, or other proceedings, had in said chancery court, to hear and determine upon proper proceedings and evidence, the liability of the obligors in such bond or obligation, whether as principal or surety, and by decree and process to enforce such liability.
Codes, 1871, § 976; 1880, § 1834; 1892, § 504; 1906, § 554; Hemingway's 1917, § 314; 1930, § 352; 1942, § 1263.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1997–2026 · leading case: Trustmark Nat'l Bank v. Johnson, 865 So. 2d 1148 (Miss. 2004).
Trustmark Nat'l Bank v. Johnson, 865 So. 2d 1148 (Miss. 2004). “The Mississippi Legislature has provided: The court in which a will may have been admitted to probate, letters of administration granted, or a guardian may have been appointed, shall have jurisdiction to hear and determine all questions in relation to the execution of the trust…”
Tatum v. Barrentine, 797 So. 2d 223 (Miss. 2001). “The last issue presented to this Court is whether the lower court erred in granting Barrentine's motion to release funds? Because Tatum's estate did not take advantage of Miss.Code Ann. § 9-5-83 (1991), the funds were properly released to Barrentine.”
Michael Johnson v. Kitchens Law Firm, P.A., 294 So. 3d 621 (Miss. Ct. App. 2019). “See Miss. Code Ann. § 9-5-83 (Rev. 2002).5 Kitchens’s claim is a demand against Claud’s estate—an estate that is being probated 5 Section 9-5-83 provides: 10 in the Copiah County Chancery Court.”
In The Matter of The Est. of Frankie Don Ware, Deceased: Carolyn Ware, As of The Est. of Don Ware, Deceased; Carolyn Ware, Individually as Shareholder, Dir. & Officer of Ware Milling, Inc., Chickasaw Farm Servs., Inc., Chickasaw Grain Transp., Inc., & Ware Constr., Inc.; Dana Carol Ware & Angela Ware Mohr, Individually & as Trs. of The Frankie Ware Fam. Trust & Marital Trust v. Richard Ware, Melisa Ware, Legacy Capital, A Foreign Ltd. Liab. Co., Charles D. "Chip" Porter, Derek Henderson, Receiver of Ware Milling, Inc., Chickasaw Farm Servs., Inc., Chickasaw Grain Transp., Inc., & Ware Constr., Inc. & Richard Don Ware, Individually, As An Officer & Shareholder of Ware Milling, Inc., Chickasaw Grain Transp., Inc., Chickasaw Farm Servs., Inc., & Ware Constr., Inc., as Beneficiary of The Est. of Frankie Don Ware, & as Tr. of Frankie Don Ware Fam. Trust, & Melisa Ware, Individually, & as Officer & Shareholder v. Carolyn Ware & The Receiver of Ware Milling, Inc., Chickasaw Farm Servs., Inc., Chickasaw Grain Transp., Inc., & Ware Constr., Inc., 348 So. 3d 277 (Miss. 2022). “ion and management of the estate, and all demands against it by heirs at law, distributees, devisees, legatees, wards, creditors, or others; and shall have jurisdiction of all cases in which bonds or other obligations shall have been executed in any proceeding in relation to the…”
Ricklin, No. 1:25-cv-00277 (S.D. Miss. June 17, 2026). “Miss. Code Ann. § 9-5-83 . And the Mississippi Constitution provides that “[t]he chancery court shall have full jurisdiction in the following matters and cases .”
Trustmark Nat'l Bank v. Mona B. Johnson, No. 2001-IA-01952-SCT (Miss. Nov. 26, 2001). “The Mississippi Legislature has provided: The court in which a will may have been admitted to probate, letters of administration granted, or a guardian may have been appointed, shall have jurisdiction to hear and determine all questions in relation to the execution of the trust…”
Greyhound Lines, Inc. v. Gerald Sutton, No. 97-CT-00634-SCT (Miss. Apr. 18, 1997). “" Miss. Code Ann. § 9-5-83 (Rev. 1991). First, I have found no tort suit brought against the executor or administrator of an estate in which this statute was used to argue that jurisdiction was proper in the estate proceedings themselves.”
David Tatum v. Amanda Barrentine, No. 1999-CA-01775-SCT (Miss. Sept. 8, 1999). “The last issue presented to this Court is whether the lower court erred in granting Barrentine's motion to release funds? Because Tatum's estate did not take advantage of Miss. Code Ann. § 9-5-83 (1991), the funds were properly released to Barrentine.”
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