Mississippi Code

Miss. Code Ann. § 91-7-261 (2026)

Procedures for insolvent estates

✓ current as of July 2026

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The executor or administrator shall take proper steps speedily to ascertain whether the estate be solvent or insolvent. If both the real and personal estate be insufficient to pay the debts of the deceased, he shall exhibit to the court a true account of all the personal estate, assets of every description, the land of the deceased, and all the debts due from the deceased; and if it appears to the court that the estate is insolvent, it shall make an order for the sale of all the property. The proceeds of such sale and all other assets shall be equally distributed among all the creditors whose claims shall be duly filed and established, in proportion to the sums due and owing to them respectively, the expenses of the last sickness, the funeral, and the administration, including commissions, being first paid. The sale of the land and distribution of the proceeds of the sale shall be subject to the abatement provisions of Section 91-7-90. Before any decree for sale is made, the devisees or heirs shall be made parties to the proceeding.

Codes, Hutchinson's 1848, ch. 49, art. 1 (103); 1857, ch. 60, art. 98; 1871, § 1158; 1880, § 2054; 1892, § 1939; 1906, § 2113; Hemingway's 1917, § 1781; 1930, § 1724; 1942, § 623.

Amended by Laws, 2019, ch. 458, HB 1375,§ 16, eff. 7/1/2019.

Notes of Decisions

Cited in 3 cases, 1991–2018 · leading case: Claire C. Flowers v. Knox Lemee Flowers, 269 So. 3d 120 (Miss. Ct. App. 2018).

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Claire C. Flowers v. Knox Lemee Flowers, 269 So. 3d 120 (Miss. Ct. App. 2018). “Finally, Claire and Jane appeal the denial of Claire's motion for leave to admit her amended petition for compensatory and punitive damages.”

Greenville Lumber Co. v. Hammett, 889 So. 2d 502 (Miss. 2004). “12(b)(6), she filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted, arguing, among other things, that Greenville Lumber’s reliance on Miss.Code Ann. § 91-7-261 (Rev.2004) 1 as its sole remedy was misplaced.”

Merchants Nat'l Bank of Vicksburg v. Bank of Mississippi, Vicksburg, 584 So. 2d 433 (Miss. 1991). “On October 26, the chancery court declared the estate insolvent and directed MNB as executor of the estate to liquidate the assets of the estate pursuant to Miss.Code Ann. § 91-7-261 (1972). The bank filed a petition to sell the interest held by the estate in each of the parcels…”

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