Any one desiring to contest a will presented for probate may do so before probate by entering in the clerk’s office in which it shall be presented his objection to the probate thereof, and causing all parties interested and who do not join him in such objection to be made parties defendant. Thereupon the issue devisavit vel non shall be made up and tried, and proceedings had as in other like cases. When an objection to the probate of a will has been made in writing, filed with the clerk, probate shall not be had of such will without notice to the objector.
Miss. Code Ann. § 91-7-21
Caveat against probate may be filed
Applied in 4 court decisions — leading case In Re Will and Estate of Varvaris (1985)
Most recently applied in 179 So. 3d 1155 - Estate of Regan v. Estate of Leblanc (April 2015)
Codes, 1880, § 1970; 1892, § 1815; 1906, § 1990; Hemingway’s 1917, § 1655; 1930, § 1608; 1942, § 504.
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.