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Mississippi Code

Miss. Code Ann. § 91-7-3 (2026)

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When any last will and testament is exhibited to be proved, the court may take the probate thereof, and any one interested in a will may propound it for probate. Summons may be issued by the clerk for the subscribing witnesses, or for other witnesses, to be examined as to such will.

Codes, Hutchinson's 1848, ch. 49, art. 1 (29); 1857, ch. 60, art. 43; 1871, § 1099; 1880, §§ 1961, 1992; 1892, § 1814; 1906, § 1989; Hemingway's 1917, § 1654; 1930, § 1600; 1942, § 496.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1986–2021 · leading case: Jackson v. Jackson, 732 So. 2d 916 (Miss. 1999).
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Jackson v. Jackson, 732 So. 2d 916 (Miss. 1999). “He argues that Miss.Code Ann. § 91-7-3, which requires that letters of administration in the estate of a deceased person be granted "preferring first the husband or wife, and then such others as may be next entitled to distribution.”
Trotter v. Trotter, 490 So. 2d 827 (Miss. 1986). “We must look to the pleadings filed by the parties to see what issues were presented for decision.”
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. § 91-7-3 (Rev. 2018). In particular, probate requires that “due execution of the will” must be proved to the court, usually by affidavits of the subscribing witnesses or by proving the handwriting of the testator and witnesses.”
C. E. Jackson, Sr. v. C. E. Jackson, Jr. (Miss. 1997). “He argues that Miss. Code Ann. § 91-7-3 , which requires that letters of administration in the estate of a deceased person be granted "preferring first the husband or wife, and then such others as may be next entitled to distribution .”
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