All claims against the estate of deceased persons, whether due or not, shall be registered, probated and allowed in the court in which the letters testamentary or of administration were granted within ninety (90) days after the first publication of notice to creditors to present their claim. Otherwise, the same shall be barred and a suit shall not be maintained thereon in any court, even though the existence of the claim may have been known to the executor or administrator. Where the affidavit is made in good faith and the claim is registered, probated and allowed by the clerk but the affidavit is defective or insufficient, the court may allow the affidavit to be amended so as to conform to the requirements of the statute, at any time before the estate is finally settled; whereupon the probate shall be as effective and the claim as valid against the estate as if the affidavit had been correct and sufficient in the first instance.
Miss. Code Ann. § 91-7-151
Claims to be registered in ninety days or barred; amendment of affidavits
Applied in 6 court decisions — leading case 587 So. 2d 255 - Allen v. Mayer (1991)
Most recently applied in 732 So. 2d 255 - In Re Estate of Stewart (February 1999)
Codes, Hutchinson’s 1848, ch. 49, art. 20 (5); 1857, ch. 60, art. 83; 1871, § 1141; 1880, § 2028; 1892, § 1933; 1906, § 2107; Hemingway’s 1917, § 1775; 1930, § 1672; 1942, § 569…
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.