wills mississippi
Administering a will in Mississippi
<p>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?</p>

<p><a href="https://law.justia.com/codes/mississippi/2020/title-91/chapter-7/" rel="noreferrer">Mississippi law</a> says that (MS Code §91-7-5)</p>
<blockquote>
<p>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</p>
</blockquote>
<p>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.</p>
<p>When the will is filed in court, you can obtain a copy from the clerk for a small fee.</p>
