Mississippi Restrictions on Who Can Serve as Executor

Learn the rules about who can be your executor in Mississippi.

One of the most important reasons to make a will is to name your executor. After your death, your executor’s primary job is to protect your property until any debts and taxes have been paid, and then transfer what’s left to those who are entitled to it.

Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in Mississippi.

Basic Requirements for Serving as a Mississippi Executor

Your executor must be:

  • at least 18 years old, and
  • of sound mind -- that is, not judged incapacitated by a court.

Like many other states, Mississippi also prohibits people who have felony convictions from serving as executor.

(Miss. Code. Ann. § 91-7-35.)

Mississippi Restrictions on Out-of-State Executors

Unlike many other states, Mississippi does not impose special requirements on executors who live out of state. But that doesn’t mean it’s a good idea to appoint someone who lives far away. For practical reasons, it’s usually best to name an executor who lives near you. Your executor may have to handle day-to-day matters for weeks, months, or sometimes longer.

Learn More

For more information about choosing your executor and making your will, see the Wills section of Nolo.com.

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