§ 75-3-719 — Costs and expenses in estate litigation.

(1) (1)(a) In a judicial proceeding involving the administration of an estate, the court may, as justice and equity may require, award costs and expenses, including reasonable attorney fees, to any party to be paid by another party or from the estate that is the subject of the controversy.
(1)(b) This Subsection (1) does not apply to the Office of the Attorney General when the Office of the Attorney General is a party to a judicial proceeding involving the administration of an estate to protect a public or charitable interest.
(2) If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate the necessary expenses and disbursements, including reasonable attorney fees incurred. This Subsection (2) expressly applies in a will contest to any person nominated as a personal representative in a testamentary instrument submitted in good faith.

Legislative History

Amended by Chapter 421, 2023 General Session