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Mississippi Code Title 91. Trusts and Estates § 91-7-277. Annual accounting by fiduciary

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Every executor or administrator, at least once in each year or oftener if required by the court, shall present under oath an account of his administration, showing the disbursements, every item of which and the amount thereof to be distinctly stated and supported by legal voucher, and it shall also show the receipts of money and from what sources.  The failure to account annually shall be a breach of the administration bond, for which it may be put in suit, or the executor or administrator may be removed;  but the court may, on application and on cause shown, extend the time for accounting.  In the event that the account shall be presented by a federally regulated bank, thrift or trust company, and such account or the petition for the approval of same shall contain a statement under oath by an officer of said bank, thrift or trust company showing that the vouchers covering the disbursements in the account presented are on file with said bank, thrift or trust company, such bank, thrift or trust company shall not be required to file vouchers.  Provided, however, that said bank, thrift or trust company shall produce said vouchers for inspection of any interested party or his or her attorney at any time during legal banking hours at the office of said bank, thrift or trust company and, provided further, that the court on its own motion or on the motion of any interested party may require that said vouchers be produced and inspected at the time of hearing of any objections that may be filed to any annual accounts of any executors or administrators.  The court shall examine all such accounts and the vouchers required to be filed or produced for inspection, and if satisfied that the account is just and true, it shall decree the same approved and allowed as a correct annual settlement.  If the decree allowing and approving the account of any executor or administrator shall affirmatively recite that the vouchers to support the disbursements shown in the account were exhibited to and approved by the court, it shall not be necessary to file the vouchers in the cause, but they shall be preserved by the executor or administrator until after the final accounting has been approved.

Notwithstanding the foregoing, any record, voucher, claim, check, draft, receipt, writing, account, statement, note or other evidence which may be furnished, filed, probated, presented or produced, or required to be produced, by a federally regulated bank, thrift or trust company shall be deemed to be an original admitted, furnished, filed, probated, presented, or produced for all purposes and with the same effect as the original, if such financial institution produces a copy of such evidence from a format of storage commonly used by financial institutions, whether electronic, imaged, magnetic, microphotographic or otherwise.

Cite this article: - Mississippi Code Title 91. Trusts and Estates § 91-7-277. Annual accounting by fiduciary - last updated January 01, 2018 |

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