Mississippi Code
Miss. Code Ann. § 91-7-293 (2026)
Names of interested parties to be stated
✓ current as of July 2026
The executor or administrator shall file with his final account a written statement, under oath, of the names of the heirs or devisees and legatees of the estate, so far as known, specifying particularly which, if any, are under the age of twenty-one years, of unsound mind, or convict of felony; the places of residence of each and their post-office address if they be nonresidents or, if the post-office address be unknown, the statement must aver that diligent inquiry has been made to learn the same without avail and giving the names and places of residence of the guardians of all who have guardians, so far as known.
Codes, 1892, § 1951; 1906, § 2125; Hemingway's 1917, § 1793; 1930, § 1737; 1942, § 639.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1988–2021 · leading case: Smith by Young v. Est. of King, 579 So. 2d 1250 (Miss. 1991).
Smith by Young v. Est. of King, 579 So. 2d 1250 (Miss. 1991). “King and her attorney knew of the child's existence and potential right of inheritance. As administratrix, Mrs. King was under a duty to use reasonable diligence to ascertain potential heirs and to file the names of such heirs in the final account.”
Leflore by Primer v. Coleman, 521 So. 2d 863 (Miss. 1988). “Miss. Code Ann. § 91-7-293 ; § 91-1-29. The law will not permit a totally unknown person to assert a claim without strictly adhering to this time requirement of asserting his claim in court, and in the manner as required by statute.”
In Re Est. of Richardson, 903 So. 2d 51 (Miss. 2005). “Even when, several years into this case, she filed the petition to set aside the prior orders and to disinherit the Corneses, the document prepared for her signature still incorrectly listed all eight as heirs at law and wrongful death beneficiaries.”
Matter of Est. of McClerkin, 651 So. 2d 1052 (Miss. 1995). “at 1252 , citing Miss. Code Ann. § 91-7-293 (1972). The Court recognized that an administratrix is an "arm of the court" whose duty by law is to "collect and distribute the estate of the deceased.”
In the Matter of the Est. of Lauree M. Davis, Deceased: Alvin Peyton v. John Longo & Janet Peyton (Miss. Ct. App. 2021). “Miss. Code Ann. § 91-7-293 . According to Alvin, the sworn statement filed by Longo did not aver that he made a “diligent inquiry” to ascertain the information contained in the statute.”
Bernice Richardson v. Virgil Cornes, Jr. (Miss. 2002). “Even when, several years into this case, she filed the petition to 13 set aside the prior orders and to disinherit the Corneses, the document prepared for her signature still incorrectly listed all eight as heirs at law and wrongful death beneficiaries.”
Delie Mae Shepard v. Kierra Brachell Jones (Miss. 1993). “1991) (citing Miss. Code Ann. § 91-7-293 (1972); Estate of King I, 501 So.”
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