Mississippi Code

Miss. Code Ann. § 91-7-7 (2026)

Proof of due execution of will

✓ current as of July 2026

Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

The due execution of the will, whether heretofore or hereafter executed, must be proved by at least one (1) of the subscribing witnesses, if alive and competent to testify. If none of the subscribing witnesses can be produced to prove the execution of the will, it may be established by proving the handwriting of a testator and of the subscribing witnesses to the will, or of some of them. The execution of the will may be proved by affidavits of subscribing witnesses. The affidavits may be annexed to the will or may be a part of the will, and shall state the address of each subscribing witness. Such affidavits may be signed at the time that the will is executed.

Codes, 1871, § 1117; 1880, § 1963; 1892, § 1815; 1906, § 1991; Hemingway's 1917, § 1656; 1930, § 1602; 1942, § 498; Laws, 1946, ch. 335, § 1; Laws, 1992, ch. 383, § 1, eff. 7/1/1992.

Notes of Decisions

Cited in 7 cases (5 in the last 5 years), 1985–2025 · leading case: In Re Will & Est. of Varvaris, 477 So. 2d 273 (Miss. 1985).

Sort: Relevance Newest Treatment

In Re Will & Est. of Varvaris, 477 So. 2d 273 (Miss. 1985). “See: Miss. Code Ann. §§ 91-7-7 ; 91-7-9, Austin v.”

Varvaris v. Kountouris, 477 So. 2d 273 (Miss. 1985). “See: Miss. Code Ann. §§ 91-7-7 ; 91-7-9, Austin v.”

In the Matter of the Last Will & Testament of Luke Beard, Deceased: Antonio Christmas v. Diane Christmas (Miss. Ct. App. 2021). · cites it 3× “In fact, the statute is clear that when attesting witnesses are deceased and testimony concerning the signatures contained in a will is provided, the will may be probated, saying: “If none of the subscribing witnesses can be produced to prove the execution of the will, it may be…”

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). · cites it 2× “16 Miss. Code Ann. § 91-7-7 . Except for an authenticated copy of a foreign will, the only time a chancellor may probate a copy of a will is in cases in which the original has been lost or destroyed.”

In Re The Matter of the Est. of Effie Mae Autry, Deceased: Steve Autry v. Marcus Autry, Stephanie Cooper, Micheal Autry, Maris Autry, & Doris Vanzant (Miss. 2025). “Miss. Code Ann. § 91-7-7 (Rev. 2021) (emphasis added).”

In the Matter of the Last Will & Testament of Luke Beard, Deceased: Antonio Christmas v. Diane Christmas (Miss. 2022). “Miss. Code Ann. § 91-7-7 (Rev. 2021) (emphasis added).”

In the Matter of Leonard Allen Harvey, Deceased: Robin Chimento v. Nina Janelle Schwark (Miss. Ct. App. 2025). “Miss. Code Ann. § 91-7-7 (Rev. 2021). ¶31.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.