Mississippi Code
Miss. Code Ann. § 91-7-145 (2026)
Notice to creditors of estate
✓ current as of July 2026
- (1) The executor or administrator shall make reasonably diligent efforts to identify persons having claims against the estate. Such executor or administrator shall mail a notice to persons so identified, at their last known address, informing them that a failure to have their claim probated and registered by the clerk of the court granting letters within ninety (90) days after the first publication of the notice to creditors will bar such claim as provided in Section 91-7-151.
- (2) The executor or administrator shall file with the clerk of the court an affidavit stating that such executor or administrator has made reasonably diligent efforts to identify persons having claims against the estate and has given notice by mail as required in subsection (1) of this section to all persons so identified. Upon filing such affidavit, it shall be the duty of the executor or administrator to publish in some newspaper in the county a notice requiring all persons having claims against the estate to have the same probated and registered by the clerk of the court granting letters, which notice shall state the time when the letters were granted and that a failure to probate and register within ninety (90) days after the first publication of such notice will bar the claim. The notice shall be published for three (3) consecutive weeks, and proof of publication shall be filed with the clerk. If a paper be not published in the county, notice by posting at the courthouse door and three (3) other places of public resort in the county shall suffice, and the affidavit of such posting filed shall be evidence thereof in any controversy in which the fact of such posting shall be brought into question.
- (3) The filing of proof of publication as provided in this section shall not be necessary to set the statute of limitation to running, but proof of publication shall be filed with the clerk of the court in which the cause is pending at any time before a decree of final discharge shall be rendered; and the time for filing proof of publication shall not be limited to the ninety-day period in which creditors may probate claims.
Codes, Hutchinson's 1848, ch. 49, art. 1 (115); 1857, ch. 60, art. 81; 1871, § 1135; 1880, § 2026; 1892, § 1929; 1906, § 2103; Hemingway's 1917, § 1771; 1930, § 1669; 1942, § 566; Laws, 1920, ch. 302; Laws, 1928, ch. 69; Laws, 1975, ch. 373, § 4; Laws, 1989, ch. 582, § 2; Laws, 1994, ch. 430 § 1, eff. 3/17/1994.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1984–2023 · leading case: Est. of Myers v. Myers, 498 So. 2d 376 (Miss. 1986).
Est. of Myers v. Myers, 498 So. 2d 376 (Miss. 1986). “Miss. Code Ann. § 91-7-145 (Supp. 1985). The chancellor denied the claim, and the widow appeals.”
Smith by Young v. Est. of King, 579 So. 2d 1250 (Miss. 1991). “As above noted, when the administratrix presented her petition for discharge in August, 1983, Michelle's claim as a child born out of wedlock was already barred by the statute, Miss. Code Ann. §§ 91-7-145 , 91-1-15(3)(c), *1258 because she had not filed a petition for heirship…”
James Brett Holmes v. Becky Turner, 188 So. 3d 1229 (Miss. Ct. App. 2015). “See Miss.Code Ann. § 91-7-145(2) (Rev.2013); In re Estate of Ladner, 911 So.”
Nobles v. Gregory Cole, Adm'r & Guideone Specialty Mut. Ins. Co. (In Re Ferrell), 256 So. 3d 1156 (Miss. 2018). “7 See Miss. Code Ann. §§ 91-7-145 , 91-7-149 (Rev.”
Matter of Est. of Petrick, 635 So. 2d 1389 (Miss. 1994). “Vann's first notice by publication was not in compliance with Miss. Code Ann. § 91-7-145 , as it was published prior to her filing her affidavit on September 27, 1991.”
Iemma v. Lingle, 822 So. 2d 320 (Miss. Ct. App. 2002). “Miss.Code Ann. § 91-7-145 (Rev.1994). Accordingly, Lingle had a duty to identify and notify creditors.”
Medders v. Ryle, 458 So. 2d 685 (Miss. 1984). “Miss.Code Ann. § 91-7-145 (Supp.1982). The amount required under the divorce decree was unliquidated.”
Vann v. Mississippi Neurosurgery, P.A., 635 So. 2d 1389 (Miss. 1994). “Vann’s first notice by publication was not in compliance with Miss.Code Ann. § 91-7-145, as it was published prior to her filing her affidavit on September 27, 1991.”
In the Matter of The Est. of Frances M. Jordan: Unifund CCR Partners v. The Est. of Frances Jordan, Pamela M. London & Elena Jordan Tate (Miss. Ct. App. 2022). “” Miss. Code Ann. § 91-7-145 (1) (Rev. 2018) (emphases added).”
Burnette Avakian v. Wilmington Trust Nat'l Ass'n (Miss. Ct. App. 2017). “See Miss. Code Ann. § 91-7-145 (1); Bankston v.”
George Riordan Jr. v. Est. of Fred Haguewood (Miss. Ct. App. 2023). “2002) (citing Miss. Code Ann. § 91-7-145 ). “A prerequisite to claiming creditor’s rights is having a valid claim.”
Pearson's Fireworks, Inc. v. City of Hattiesburg, Mississippi, 212 So. 3d 778 (Miss. 2014). “See Miss.Code Ann. § 91-7-145 (Rev. 2013); see also Estate of Patrick v.”
— Miss. Code Ann. § 91-7-145(2) — 1 case
James Brett Holmes v. Becky Turner, 188 So. 3d 1229 (Miss. Ct. App. 2015). “See Miss.Code Ann. § 91-7-145(2) (Rev.2013); In re Estate of Ladner, 911 So.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.