Mississippi Code
Miss. Code Ann. § 15-1-25 (2026)
Limitations applicable to action or scire facias against executor or administrator
✓ current as of July 2026
An action or scire facias may not be brought against any executor or administrator upon any judgment or other cause of action against his testator or intestate, except within four years after the qualification of such executor or administrator.
Codes, Hutchinson's 1848, ch. 57, art 6 (12); 1857, ch. 57, art. 11; 1871, § 2155; 1880, § 2676; 1892, § 2745; 1906, § 3105; Hemingway's 1917, § 2469; 1930, § 2295; 1942, § 725.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1993–2023 · leading case: Townsend v. Est. of Gilbert, 616 So. 2d 333 (Miss. 1993).
Townsend v. Est. of Gilbert, 616 So. 2d 333 (Miss. 1993). “The Estate of Gilbert and the administrator were granted summary judgment following the lower court judge's determination that Townsend's cause of action was barred by the running of the four year statute of limitations as found in Miss. Code Ann. § 15-1-25 . Finding the four…”
Rush Hosp. v. Stephanie Carlisle, 269 So. 3d 222 (Miss. Ct. App. 2018). “The chancellor held a hearing and later entered a judgment denying Rush’s claim as barred by the four-year statute of limitations, Mississippi Code Annotated section 15-1-25 (Rev. 2012). Rush sought interlocutory review, which was denied.”
Burnette Avakian v. Wilmington Trust, Nat'l Ass'n, 242 So. 3d 961 (Miss. Ct. App. 2018). “" Burnette filed her contest of the statement of claim, asserting that any claim on the promissory note was time-barred by Mississippi Code Annotated section 15-1-25 (Rev. 2012), and that pursuant to Mississippi Code Annotated section 15-1-3 (Rev.”
Vernita Bell v. Texaco, Inc., 493 F. App'x 587 (5th Cir. 2012). “See Miss. Code Ann. § 15-1-25 . The statute provides that claims against an estate must be brought within four years of the appointment of the estate’s executor or administrator.”
Lenoir v. Madison Cnty., 641 So. 2d 1124 (Miss. 1994). “Therefore, we find that the specific statute of § 15-1-25 preempts the general statute of § 15-1-49.”
Phipps v. Irby Const. Co., 636 So. 2d 353 (Miss. 1993). “1993), in which we held that Miss. Code Ann. § 15-1-25 (1972) is not unconstitutional because it provides a shorter period of limitations against estates than the general period of limitations against tortfeasors.”
Burnette Avakian v. Wilmington Trust Nat'l Ass'n (Miss. Ct. App. 2017). “The Grant court explained that “[t]here can be no tolling of the statute of limitations unless the person is personally prohibited from 11 See Miss. Code Ann. § 15-1-25 . 17 bringing suit.”
In Re The Est. of Herbert Bernard Ivison, Jr.: Malouf & Malouf, PLLC v. The Est. of Herbert Bernard Ivison, Jr. (Miss. 2023). “1 The Estate relied on Mississippi Code Section 15-1-25 (Rev. 2019), the statute of limitations for actions against an executor or administrator of an estate.”
Est. of Mace v. Gardner, 66 So. 3d 1265 (Miss. Ct. App. 2011). “Miss.Code Ann. § 15-1-25 (Rev.2003). Pattie probated George Sr.”
Snider v. Vertex Aerospace LLC (S.D. Miss. 2021). “Womble points also to Miss. Code Ann. § 15-1-25 , which sets a 4-year statute of repose as to any action against the estate of a deceased defendant.”
In The Matter of The Est. of Frankie Don Ware, Deceased: Carolyn Ware, As of The Est. of Don Ware, Deceased; Carolyn Ware, Individually as Shareholder, Dir. & Officer of Ware Milling, Inc., Chickasaw Farm Servs., Inc., Chickasaw Grain Transp., Inc., & Ware Constr., Inc.; Dana Carol Ware & Angela Ware Mohr, Individually & as Trs. of The Frankie Ware Fam. Trust & Marital Trust v. Richard Ware, Melisa Ware, Legacy Capital, A Foreign Ltd. Liab. Co., Charles D. \Chip\" Porter (2022). “” Miss. Code Ann. § 15-1-25 (Rev. 2019). But this statute only applies to causes of action that accrue against the decedent during his lifetime and is therefore inapplicable.”
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