Corpus

Payment of federal and state tax refunds due to decedent individual without administration.

Miss. Code Ann. § 27-73-9
in effect
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In any case where the U. S. Treasury Department or the Mississippi state tax commission determines there exists an overpayment of federal or Mississippi tax of an individual, and the person in whose favor the overpayment is determined is dead at the time such overpayment of tax is to be refunded, and irrespective of whether the deceased had filed a joint and several or separate tax return of any sort, the amount of such overpayment, if not in excess of five hundred dollars ($500.00), may be paid, without the necessity of administration, to the decedent’s surviving spouse, if any, or if the decedent left no surviving spouse, then to decedent’s surviving children; and if decedent left no children and no spouse surviving decedent, then to decedent’s surviving mother; and if decedent left no spouse or children or mother surviving decedent, then to decedent’s surviving father; and if decedent left no spouse or children or parent surviving decedent, then to decedent’s surviving brothers and sisters; and refund of said overpayment directly to said surviving spouse or children or parent or brothers and/or sisters by the United States or the State of Mississippi shall operate as a complete acquittal and discharge to it of liability from any suit, claim or demand of whatsoever nature by any heir, distributee or creditor of the decedent or other person. In the event that, at the time of payment, any one of the above referred to persons shall be a minor, said payment may be made to the minor directly without necessity of guardianship.