Mississippi: Reimbursing an Appraisal Cost Before an Estate Buyout

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

When an appraisal cost can be charged to a co‑owner in an estate buyout under Mississippi law

Short answer

Whether you can require a co‑heir to reimburse you for an appraisal before completing a buyout depends on three things: (1) who ordered or authorized the appraisal (you personally, the estate’s representative, or a court); (2) any written agreement or court order about cost allocation; and (3) whether you are acting as a personal representative (executor/administrator) with authority to incur and charge estate expenses. Mississippi law allows a probate court or a court handling a partition action to allocate costs and expenses, but absent an agreement or court order the person who requested and paid for the appraisal often bears that cost unless it was properly billed to the estate or ordered otherwise.

Detailed answer — what Mississippi law and practice mean for you

Start with roles. Different rules apply depending on whether you acted in an individual capacity (co‑owner/co‑heir), or in an official capacity for the estate (executor, administrator, or personal representative):

  • If you are a personal representative (executor/administrator): you generally have authority to pay reasonable estate expenses, including appraisals, from estate funds if the appraisal was necessary or beneficial to the administration (for inventory, sale, tax, or buyout valuation). Those expenses are typically charged against the estate and accounted for in the estate accounting. The probate court can approve or review such expenses if someone objects. See Mississippi probate provisions collected in Title 91 of the Mississippi Code for the statute framework on administration and accounting: Mississippi Code (Title 91 — Wills, Trusts, and Administration).
  • If you acted only as a co‑owner or co‑heir (not a representative): if you hired and paid the appraiser in your private capacity to get a buyout price, there is no automatic right under state law to force the other co‑heir(s) to reimburse you unless:
    • there is a written agreement (for example, a buy‑sell agreement, will provision, or contract among heirs) assigning appraisal costs; or
    • a court (probate or chancery/civil court) orders allocation of costs — for example, during a partition action or as part of settling estate matters.
  • If there is a partition action or disputed buyout: Mississippi courts that handle partition of real property (and related equitable claims) can and do allocate costs. If an appraisal was necessary to value the property for sale or division, the court may order that the estate or the losing party pay reasonable appraisal and litigation costs. Partition and cost rules fall under the civil/real property statutes and case law; courts have equitable power to apportion necessary expenses.

Key practical consequences:

  1. If the appraisal was ordered by the personal representative and paid from estate funds, the co‑heirs cannot typically refuse to bear their shares of estate expenses. Those expenses are resolved in the estate closing and distribution process (subject to court oversight).
  2. If you independently hired an appraiser just to know market value and you have no agreement with the other co‑heir, the other co‑heir can argue they owe nothing unless you can persuade them or obtain a court order assigning costs.
  3. If a buyout closing is imminent, reimbursement may be negotiated as part of the closing (e.g., the buyout price is reduced by the appraiser fee, or the buyer pays closing costs). Put any agreement in writing.

How a court typically resolves disputes

When parties cannot agree, one common path is filing either (A) a probate account and objection if the issue involves administration of the decedent’s estate, or (B) a partition action (or a motion in an existing action) asking the chancery or circuit court to divide property and allocate costs. Mississippi courts consider whether the appraisal was reasonable, necessary, and beneficial to the estate or the fair division of property. If so, the court may order the estate or the non‑paying co‑heir to reimburse a proportionate share.

For statutes and governing rules, review the Mississippi Code provisions on probate/administration (Title 91) and on civil remedies/partition (Title 11 and related chancery practice). The state code is available at the Mississippi Code website: https://www.mscode.ms.gov.

Steps to take now — practical checklist

  1. Gather documents: appraisal invoice, appraisal report, any trust/will/buy‑sell agreement, letters testamentary or administration documents if you are an estate representative.
  2. Confirm who ordered and paid for the appraisal and whether estate funds were used.
  3. Check any written agreements that allocate costs or set buyout procedures. If there is a clause, rely on it and present it to the co‑heir.
  4. Request reimbursement in writing. Provide the invoice, explain why the appraisal was necessary, and offer a short deadline and an alternative (reduce buyout price, split cost, mediation).
  5. If you are personal representative, include the appraisal as an estate expense in your accounting and seek court approval if a co‑heir objects.
  6. If negotiation fails, consider filing for partition or asking the probate court to resolve the allocation of appraisal costs — courts can apportion costs equitably.

Helpful hints

  • Keep every receipt and the full appraisal report. A licensed appraiser’s signed report is your best proof that the appraisal was necessary and reasonable.
  • Get any reimbursement or cost‑sharing agreement in writing before closing.
  • Make sure the appraiser is licensed in Mississippi and used an accepted valuation method — courts weigh professional credibility.
  • If you are an estate representative, document your authority to pay expenses and why the appraisal was in the estate’s best interest.
  • Consider mediation or an estate settlement conference before filing court paperwork; courts often prefer parties to try settlement first.
  • Time matters. If you plan to seek court relief, act promptly — statute of limitations and probate deadlines can affect remedies.

Where to look in Mississippi law

Mississippi statutes governing probate and estate administration are found in Title 91 of the Mississippi Code, and statutes and case law that govern partition, equitable relief, and cost allocation are located in the civil/real property provisions (Title 11 and related chancery practice). Access the code at the Mississippi Code site: https://www.mscode.ms.gov.

Disclaimer: This article explains general principles of Mississippi law and is for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For specific guidance about your situation, consult a licensed Mississippi attorney who handles probate and real property disputes.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.