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Mississippi Executor vs Administrator

Mississippi never built a separate probate court — both an executor and an administrator answer to the same Chancery Court that also handles divorce and guardianship.

Miss. Code Title 91

By the FigureMyTax Editorial Team · How we calculate

Quick answer: an executor is named in a will. An administrator is appointed when there's no will. Both proceed through the same Chancery Court process in Mississippi. See how this affects your own estimate in the Mississippi probate timeline calculator.

Side by side

ExecutorAdministrator
Appointed viaNamed in a valid willCourt appointment, no will
Letters issuedLetters TestamentaryLetters of Administration
CourtChancery Court, both the same way
Fee if also the estate's attorneyOne or the other, not both (§ 91-7-281)

Why Mississippi runs probate through Chancery Court

A structural distinctive: Mississippi never created a separate probate or district-court division for estates. Instead, the Chancery Court — the state's equity court, which also handles divorce, guardianship, and land disputes — has jurisdiction over probate matters. This matters practically: a probate case shares a docket with a wide range of other Chancery Court business, and Mississippi hasn't adopted the Uniform Probate Code that shapes probate procedure in many other states in this comparison.

The lawyer-executor rule

If the same person serves as both executor and the estate's attorney, Mississippi law doesn't allow collecting both fees. Under § 91-7-281, the court instead allows compensation as attorney in lieu of compensation as executor — one basis, not a combination of both.

Facing probate in Mississippi?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Mississippi attorney

Executor vs administrator — frequently asked questions

What's the difference between an executor and an administrator in Mississippi?

An executor is named in a valid will and receives Letters Testamentary. An administrator is appointed when there's no will, or no named executor is able or willing to serve, and receives Letters of Administration — both proceed through the same Chancery Court process.

Why does Mississippi use the Chancery Court for probate?

Mississippi never created a separate probate court. Chancery Court, the state's equity court, handles probate alongside divorce, guardianship, and other equity matters — a structure only a handful of states use.

Is Mississippi a Uniform Probate Code state?

No — Mississippi has its own Trusts and Estates code (Title 91) rather than the Uniform Probate Code most other states in this comparison use.

Can a lawyer-executor collect both the executor fee and the attorney fee in Mississippi?

No. Under Miss. Code 91-7-281, if the executor is also the attorney handling the estate, the court allows compensation as attorney in lieu of executor compensation — one or the other, not both.

Keep going

Mississippi Probate Timeline CalculatorYour estimate, based on your answers Mississippi Probate DeadlinesEvery statutory date, with citations What Delays Probate in MississippiBeyond the statutory floor Mississippi Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on Miss. Code § 91-7-281. Which situation applies to a specific estate depends on its own facts. Consult a licensed Mississippi attorney before proceeding.