Mississippi will situation. My father recently passed and has a now discovered will (we had no knowledge prior). My brother and I are named executors of the will but have only been provided copies by a no executor and her attorney. We have asked for the original will but they refuse to provide it. Do we have to administer the will without ever seeing and obtaining an original for our attorney? Do we even have a right to the original will?
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1FWIW, you are misusing terminology in a confusing manner. "Executing a Will" is another way of saying "signing a will". You clearly aren't taking about that, and mean to be saying "probate a will" and "administer an estate" pursuant to the Will. Everything else is prolog, and the real question being asked seems to be how to obtain a copy of the original Will when you believe someone else is in possession of it.– ohwillekeMay 20 at 17:37
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That’s correct. I’m definitely not an attorney, so I apologize for misstating. Basically need to know how to obtain the actual will in order to administer it.– EddieMay 20 at 17:55
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2@MichaelHall that isn’t the criteria law.meta.stackexchange.com/questions/221/…– Dale M ♦May 20 at 21:58
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1 Answer
Mississippi law says that (MS Code §91-7-5)
The chancery court of the proper county, on being informed that any person has the last will and testament of a testator or testatrix, may compel such person to produce it
You cannot administer a will without first filing it. The court will care about the original will, which will either be declared valid or invalid. An interested person could contest the validity of the will, and if the reasons are sufficient, the will could be set aside in which case (barring the later discovery of a valid will), the estate is divided according to Mississippi's intestate succession laws.
When the will is filed in court, you can obtain a copy from the clerk for a small fee.
