Mississippi Code

Miss. Code Ann. § 91-7-63 (2026)

Grant of administration

✓ current as of July 2026

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(1) Letters of administration shall be granted by the chancery court of the county in which the intestate had, at the time of his death, a fixed place of residence. If the intestate did not have a fixed place of residence, then by the chancery court of the county where the intestate owned land. If the intestate did not have a fixed place of residence and did not own land, then by the chancery court of the county where the intestate died. The court shall grant letters of administration to the relative who may apply, preferring first the husband or wife and then such others as may be next entitled to distribution if not disqualified, selecting amongst those who may stand in equal right the person or persons best calculated to manage the estate; or the court may select a stranger, a trust company organized under the laws of this state, or of a national bank doing business in this state, if the kindred be incompetent. If such person does not apply for administration within thirty (30) days from the death of an intestate, the court may grant administration to a creditor or to any other suitable person.

(2) In addition to the rights and duties of the administrator contained in this chapter, he shall also have those rights, powers and remedies as set forth in Section 91-9-9.

Codes, Hutchinson's 1848, ch. 49, art. 1 (54); 1857, ch. 60, art. 61; 1871, §§ 1088, 1089; 1880, § 1993; 1892, § 1850; 1906, § 2024; Hemingway's 1917, § 1689; 1930, § 1629; 1942, § 525; Laws, 1928, ch. 83; Laws, 1994, ch. 589, § 4; Laws, 1999, ch. 374, § 2; Laws, 2002, ch. 612, § 2; Laws, 2008, ch. 452, § 2, eff. 4/8/2008.

Amended by Laws, 2022, ch. 420, SB 2034,§ 1, eff. 7/1/2022.

Notes of Decisions

Cited in 19 cases, 1973–2017 · leading case: Nat'l Heritage Realty v. Est. of Boles, 947 So. 2d 238 (Miss. 2006).

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Nat'l Heritage Realty v. Est. of Boles, 947 So. 2d 238 (Miss. 2006). · cites it 8× “In addition, the Defendants argued that the opening of the Estate and the appointment of Price as administratrix in the Tallahatchie County Chancery Court was void ab initio for failure to meet the jurisdictional requirements of Miss.Code Ann. § 91-7-63 (Rev.2004). Leflore…”

In Re Est. of England, 846 So. 2d 1060 (Miss. Ct. App. 2003). · cites it 2× “Betty England died without naming an estate executor, so the chancellor applied Miss.Code Ann. § 91-7-63 to determine the correct person to be issued letters of administration.”

Smith by Young v. Est. of King, 579 So. 2d 1250 (Miss. 1991). · cites it 2× “Miss. Code Ann. § 91-7-63 . A daughter would take to the exclusion of a sister and a false allegation that a sister was the sole heir may have affected the issuance of the letters.”

Matter of Est. of Moreland, 537 So. 2d 1337 (Miss. 1989). · cites it 2× “That statute, Miss. Code Ann., § 91-7-63 (1972), provides in pertinent part: The court shall grant letters of administration to the relative who may apply, preferring first the husband or wife and then such others as may be next entitled to distribution if not disqualified,…”

Willing v. Est. of Benz, 958 So. 2d 1240 (Miss. Ct. App. 2007). “Miss.Code Ann. § 91-7-63(1) (Rev.2004). It was not disputed that Willing, Sr.”

Drake L. Lewis v. Tonia D. Lewis Pagel, 233 So. 3d 740 (Miss. 2017). “2006) (applying Miss. Code Ann. § 91-7-63 (1)). We decline to follow this interpretation of Section 93-5-11 post-amendment.”

Constance Fitzmaurice v. Charles Vandevort, 237 So. 3d 852 (Miss. Ct. App. 2017). · cites it 2× “See Miss. Code Ann. §§ 91-7-63 & -233 (Rev. 2013).”

Est. of Myers v. Myers, 498 So. 2d 376 (Miss. 1986). “Miss. Code Ann. § 91-7-63 (1972). The chancellor removed the administrator and substituted Joan Salter successor administratrix.”

Braxton v. Johnson, 514 So. 2d 1232 (Miss. 1987). “Miss.Code Ann. § 91-7-63 (1972). Certainly, a creditor/administrator is not going to appeal the allowance of his own claim.”

Thornton v. Ins. Co. of North Am., 287 So. 2d 262 (Miss. 1973). “Miss. Code Ann. § 91-7-63 (1972) provides that if a person entitled to letters of administration does not apply within 30 days from the death of an intestate, the court may grant administration to a creditor or to any other suitable person.”

Madison v. Vintage Petroleum, Inc., 872 F. Supp. 340 (S.D. Miss. 1994). “See Miss.Code Ann. § 91-7-63 ("The court shall grant letters of administration to the relative who may apply.”

Est. of Wallace Ex Rel. Wallace v. Mohamed, 55 So. 3d 1057 (Miss. 2011). “See also Miss.Code Ann. § 91-7-63(1) (Rev.2004) 5 .”

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— Miss. Code Ann. § 91-7-63(1) — 5 cases

Nat'l Heritage Realty v. Est. of Boles, 947 So. 2d 238 (Miss. 2006). “In addition, the Defendants argued that the opening of the Estate and the appointment of Price as administratrix in the Tallahatchie County Chancery Court was void ab initio for failure to meet the jurisdictional requirements of Miss.Code Ann. § 91-7-63 (Rev.2004). Leflore…”

Willing v. Est. of Benz, 958 So. 2d 1240 (Miss. Ct. App. 2007). “Miss.Code Ann. § 91-7-63(1) (Rev.2004). It was not disputed that Willing, Sr.”

Est. of Wallace Ex Rel. Wallace v. Mohamed, 55 So. 3d 1057 (Miss. 2011). “See also Miss.Code Ann. § 91-7-63(1) (Rev.2004) 5 .”

In Re Est. of Hathorne, 987 So. 2d 486 (Miss. Ct. App. 2008).

Johnson v. Griffin, 987 So. 2d 486 (Miss. Ct. App. 2008).

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