Title 91, Trusts and Estates

An individual may transfer the individual’s interest in real property to one or more beneficiaries effective at the transferor’s death by a transfer-on-death deed.

(a) In this section:(1) “Irrevocable trust” means a trust:(A) For which the trust instrument was executed before the dissolution of a testator’s marriage; and(B) That the testator was not solely empowered by law or by the trust instrument to revoke.(2) “Relative” means an individ…

(1) A bona fide purchaser of property from a divorced individual’s former spouse or any relative of the former spouse who is not a relative of the divorced individual or a person who receives from the former spouse or any relative of the former spouse who is not a relative of the…

(1) A divorced individual’s former spouse or any relative of the former spouse who is not a relative of the divorced individual who, not for value, receives a payment, benefit, or property to which the former spouse or the relative of the former spouse who is not a relative of th…

(a) This section applies only to a trust created under a trust instrument that:(1) Was executed by two (2) married individuals as settlors whose marriage to each other is subsequently dissolved; and(2) Includes a provision described by Section 91-29-7(a). (1) Was executed by two …

(a) In this section:(1) “Beneficiary,” “multiple-party account, “party,” “P.O.D. account,” “P.O.D. payee,” “T.O.D. account,” and T.O.D. payee” have the meanings assigned in Title 91, Chapter 21, Mississippi Code of 1972.(2) “Public retirement system” has the meaning assigned by S…

(a) Two (2) individuals are related to each other by consanguinity if:(1) One (1) is a descendant of the other; or(2) They share a common ancestor. (1) One (1) is a descendant of the other; or (2) They share a common ancestor. (b) An adopted child is considered to be a child of t…

(a) If a decree of divorce or annulment is rendered after an insured has designated the insured’s spouse as a beneficiary under a life insurance policy in force at the time of rendition, a provision in the policy in favor of the insured’s former spouse is not effective unless:(1)…

(a) If a decree of divorce or annulment is rendered after a spouse, acting in the capacity of a participant, annuitant, or account holder, has designated the other spouse as a beneficiary under an individual retirement account, employee stock option plan, stock option, or other f…

(a) Two (2) individuals are related to each other by affinity if:(1) They are married to each other; or(2) The spouse of one (1) of the individuals is related by consanguinity to the other individual. (1) They are married to each other; or (2) The spouse of one (1) of the individ…

(1) A person is not a surviving spouse of a decedent if the person’s marriage to the decedent has been dissolved by divorce, annulment, or a declaration that the marriage is void, unless:(1) As the result of a subsequent marriage, the person is married to the decedent at the time…

(1) In this chapter:(1) “Disposition or appointment of property” includes a transfer of property to or a provision of another benefit to a beneficiary under a trust instrument.(2) “Divorced individual” means an individual whose marriage has been dissolved by divorce, annulment, o…

(a) The dissolution of the marriage revokes a provision in a trust instrument that was executed by a divorced individual as settlor before the divorced individual’s marriage was dissolved and that:(1) Is a revocable disposition or appointment of property made to the divorced indi…

(a) An interest granted in a provision of a trust instrument that is revoked under Section 91-29-7(a)(1) or (2) passes as if the former spouse of the divorced individual who executed the trust instrument and each relative of the former spouse who is not a relative of the divorced…

This chapter may be cited as the Uniform Partition of Heir Property Act.

(a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heir property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d). …

(a) If any cotenant requested partition by sale, after the determination of value under Section 91-31-11, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested part…

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 91-31-13, or if after conclusion of the buyout under Section 91-31-13, a cotenant remains that has requested partition in kind, the court shall orde…

(a) In determining under Section 91-31-15(a) whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following:(1) Whether the heir property practicably can be divided among the cotenants;(2) Whether partition in kind…

(a) If the court orders a sale of heir property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (b) If the court orders an open-mark…

(a) Unless required to do so within a shorter time by Title 11, Chapter 21, Mississippi Code of 1972, a broker appointed under Section 91-31-19(b) to offer heir property for open-market sale shall file a report with the court not later than seven (7) days after receiving an offer…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 USC Section 7001(c), or authorize electronic delivery of any of the no…

(1) In this chapter:(1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.(2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state…

(a) Applicability; relation to other law.(a) This chapter applies to partition actions filed on or after July 1, 2020.(b) In an action to partition real property under Title 11, Chapter 21, Mississippi Code of 1972, the court shall determine whether the property is heir property.…

(a) This chapter does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heir property, the plaintif…

If the court appoints masters under Section 11-21-15, each master, in addition to the requirements and disqualifications applicable to masters in Title 11, Chapter 21, Mississippi Code of 1972, must be disinterested and impartial and not a party to or a participant in the action.