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HB400 • 2026

Wills and estates; authorize video recorded with certain conditions.

AN ACT TO AMEND SECTION 91-7-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE VIDEO RECORDED WILLS; TO AMEND SECTION 91-5-15, MISSISSIPPI CODE OF 1972, TO REQUIRE NUNCUPATIVE WILLS TO BE VIDEO RECORDED; TO PROVIDE ADDITIONAL REQUIREMENTS FOR SUCH WILLS; TO AMEND SECTION 91-5-17, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO REPEAL SECTION 91-5-19, MISSISSIPPI CODE OF 1972, WHICH REQUIRED A NUNCUPATIVE WILL TO BE WRITTEN AT A LATER DATE FOR VALIDITY; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Rushing
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass during its session.

Wills and Estates; Allow Video Recorded Wills

This bill allows people to make video recorded wills under certain conditions and requires nuncupative (spoken) wills to be video recorded.

What This Bill Does

  • Allows people to create a will by making a video instead of writing it down.
  • Requires that spoken wills must also be made into videos.
  • Sets rules for how the video should look, like having no interruptions and showing the person clearly.

Who It Names or Affects

  • People who want to make a will but can't write it down or don't have time to do so.
  • Courts that handle wills and estates.

Terms To Know

Nuncupative Will
A spoken will made in an emergency situation, like when someone is very sick or hurt.

Limits and Unknowns

  • This bill did not pass during its session.
  • It only applies to people who live or make their wills in Mississippi.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-12 Mississippi Legislative Bill Status System

    01/12 (H) Referred To Judiciary A

Official Summary Text

Wills and estates; authorize video recorded with certain conditions.

Current Bill Text

Read the full stored bill text 
H. B. No. 400 *HR26/R458* ~ OFFICIAL ~ G1/2
26/HR26/R458
PAGE 1 (GT\KW)

To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Rushing

HOUSE BILL NO. 400

AN ACT TO AMEND SECTION 91-7-31, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE VIDEO RECORDED WILLS; TO AMEND SECTION 91-5-15, 2
MISSISSIPPI CODE OF 1972, TO REQUIRE NUNCUPATIVE WILLS TO BE VIDEO 3
RECORDED; TO PROVIDE ADDITIONAL REQUIREMENTS FOR SUCH WILLS; TO 4
AMEND SECTION 91-5-17, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 5
PRECEDING SECTION; TO REPEAL SECTION 91-5-19, MISSISSIPPI CODE OF 6
1972, WHICH REQUIRED A NUNCUPATIVE WILL TO BE WRITTEN AT A LATER 7
DATE FOR VALIDITY; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 91-7-31, Mississippi Code of 1972, is 10
amended as follows: 11
91-7-31. All original written or video recorded wills, after 12
probate thereof, shall be recorded and remain in the office of the 13
clerk of the court where they were proved, except during the time 14
they may be removed to any other court under proper process, from 15
which they shall be duly returned to the proper office. 16
Authenticated copies of such wills may be recorded in any county 17
in this state. 18
SECTION 2. Section 91-5-15, Mississippi Code of 1972, is 19
amended as follows: 20
H. B. No. 400 *HR26/R458* ~ OFFICIAL ~
26/HR26/R458
PAGE 2 (GT\KW)
ST: Wills and estates; authorize video recorded
with certain conditions.
91-5-15. A nuncupative will shall * * * only be * * * valid 21
if it is video recorded and witnessed by a disinterested third 22
party and: 23
(a) The subject of the will states the following at the 24
beginning and end of the video recording: (i) his or her name, 25
(ii) that he or she is of sound mind at the time of the recording 26
and (iii) the date and location of the video recording; 27
(b) The video recording shall be a continuous recording 28
with no interruptions, pauses or other disturbances; 29
(c) The disinterested third party states his or her 30
name and that he or she "has no financial interest or valuable 31
interest or any other interests to be gained" from the subject of 32
the will; and 33
(d) The entire face of the subject can be clearly seen 34
during the entire recording. * * * 35
SECTION 3. Section 91-5-17, Mississippi Code of 1972, is 36
amended as follows: 37
91-5-17. The probate of any nuncupative will shall not be 38
taken, or letters testamentary granted thereon, until after 39
the * * * requirements of Section 91-5-15 are met. 40
SECTION 4. Section 91-5-19, Mississippi Code of 1972, which 41
requires a nuncupative will to be written after its recording, is 42
repealed. 43
SECTION 5. This act shall take effect and be in force from 44
and after July 1, 2026. 45