Updated September 7, 2026. Quick answer: In Mississippi, mississippi requires an executor or administrator to give bond by default as part of qualifying for the office (Miss. Code Ann. § 91-7-41), unless the testator’s will directs that no bond be required (§ 91-7-45); and even then the chancery court retains discretion to require one anyway, particularly where there are minor beneficiaries, conflict among heirs, or a credible objection.
Does Mississippi require an executor to post a bond?
Mississippi requires an executor or administrator to give bond by default as part of qualifying for the office (Miss. Code Ann. § 91-7-41), unless the testator’s will directs that no bond be required (§ 91-7-45); and even then the chancery court retains discretion to require one anyway, particularly where there are minor beneficiaries, conflict among heirs, or a credible objection.
“If the testator, by will, direct that his executor shall not be required to give bond, then none shall be required”
Source: Miss. Code Ann. § 91-7-45
Can the will waive it in Mississippi?
Yes. The testator can direct in the will that the executor need not give bond, per § 91-7-45, subject to the chancellor’s discretion to override.
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Can the heirs or beneficiaries waive it in Mississippi?
No. The statute ties waiver to the testator’s own will language, not to consent of the heirs or beneficiaries; there is no separate heir-waiver mechanism in this section.
If a bond is required, how much?
When a bond is required, Mississippi sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.
“will also give bond in such penalty as will be equal to the full value of the estate”
Source: Miss. Code Ann. § 91-7-41
What makes Mississippi different
Mississippi is a non-UPC, default-bond-required state where the sole statutory lever for waiver is the testator’s own will language, not agreement among heirs; a narrower waiver path than states that also let heirs or devisees consent in writing. Even a will-based waiver is not absolute; the chancery court can still order bond for cause.
A note on sourcing: Mississippi does not maintain an easily fetchable official statute browser for this section; verified via the FindLaw mirror, which quotes the codified Title 91 text with the official Miss. Code Ann. § 91-7-45 citation.
| Bond-requirement source | Miss. Code Ann. § 91-7-45 |
| Mississippi courts (general reference) | Mississippi judicial branch |
| Mississippi Secretary of State / legislature | Mississippi state government |
| Confidence | Medium |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Mississippi.
Related: how long you have to contest a will in Mississippi.