Mississippi Code
Miss. Code Ann. § 91-7-233 (2026)
What actions survive to executor or administrator
✓ current as of July 2026
Executors, administrators, and temporary administrators may commence and prosecute any personal action whatever, at law or in equity, which the testator or intestate might have commenced and prosecuted. They shall also be liable to be sued in any court in any personal action which might have been maintained against the deceased.
Codes, Hutchinson's 1848, ch. 49, art. 1 (111); 1857, ch. 60, art. 119; 1871, § 1176; 1880, § 2078; 1892, § 1916; 1906, § 2091; Hemingway's 1917, § 1758; 1930, § 1712; 1942, § 609.
Notes of Decisions
Cited in 39
cases (6 in the last 5 years), 1975–2026 · leading case: Mississippi Valley Silica Co., Inc. v. Dorothy Barnett, 227 So. 3d 1102 (Miss. Ct. App. 2016).
Mississippi Valley Silica Co., Inc. v. Dorothy Barnett, 227 So. 3d 1102 (Miss. Ct. App. 2016). “If Valley believed that Dorothy was not or might not be the proper party to recover some of these types of damages, then it should have 9 Miss. Code Ann. § 91-7-233 (Rev. 2013). 18 raised an objection under Rule 17(a) at a time when it was still practical and convenient to join…”
In Re Est. of England, 846 So. 2d 1060 (Miss. Ct. App. 2003). “Miss.Code Ann. § 91-7-233 (Rev.1994). The term "personal action" includes actions for injuries to person or property.”
Methodist Hosp. of Hattiesburg, Inc. v. Richardson, 909 So. 2d 1066 (Miss. 2005). “Therefore, the only way the Court can balance the Mississippi Supreme Court's February 28, 2002 opinion with Miss.Code Ann. § 91-7-233 and § 15-1-36 and allow the Estate to proceed, is to recognize the existence of a new species of plaintiff: "The Notice Plaintiff.”
Caves v. Yarbrough, 991 So. 2d 142 (Miss. 2008). “Miss.Code Ann. § 91-7-233 (Rev.2004). [10] The Mississippi wrongful-death statute does not limit recoverable damages to those suffered prior to death.”
Necaise v. Sacks, 841 So. 2d 1098 (Miss. 2003). “Miss.Code Ann. § 91-7-233 (Rev. 1994) states, in pertinent part: Executors, administrators, and temporary administrators may commence and prosecute any personal action whatever, at law or in equity, which the testator or intestate might have commenced and prosecuted.”
Flight Line, Inc. v. Tanksley, 608 So. 2d 1149 (Miss. 1992). “[14] Miss. Code Ann. § 91-7-233 (1972) is to like effect for actions not yet commenced at the time of plaintiff's death.”
Saul Ex Rel. Heirs of Cook v. South Cent. Reg'l Med. Ctr., Inc., 25 So. 3d 1037 (Miss. 2010). “Miss.Code Ann. § 91-7-233 (Rev.2004). Such claims would be personal to the deceased, claims which did not cause his or her death.”
Delta Health Grp., Inc. v. Est. of Pope Ex Rel. Payne, 995 So. 2d 123 (Miss. 2008). “See Miss.Code Ann. § 91-7-233 (Rev.2004). ¶ 28.”
Lawrence Cnty. Sch. Dist. v. Brister, 823 So. 2d 459 (Miss. 2001). “In fact, Miss.Code Ann. § 91-7-233 (2000) empowers an executor to bring any personal action "at law or in equity" on behalf of the deceased.”
Clay L. Shaw v. Jim Garrison, 545 F.2d 980 (5th Cir. 1977). “2315; Miss.Code Ann. § 91-7-233; Vernon’s Tex.Civ.”
Gloria Swank v. Geraldine W. Covington, 186 So. 3d 920 (Miss. Ct. App. 2016). “Thus, during her lifetime, she could have commenced an action to set aside Geraldine’s and the Ferrises’ joint ownership of the CDs.”
Kinsey v. Pangborn Corp., 78 So. 3d 301 (Miss. 2011). “9 (citing Miss.Code Ann. § 91-7-233 (Rev.2004)).”
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