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Mississippi Code

Miss. Code Ann. § 91-7-165 (2024)

Claims may be contested

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The executor or administrator, legatee, heir, or any creditor may contest a claim presented against the estate. The court or clerk may refer the same to auditors, who shall hear and reduce to writing the evidence on both sides, if any be offered, and report their findings with the evidence to the court. Thereupon the court may allow or disallow the claim, but such proceeding shall not be had without notice to the claimant.

Codes, 1857, ch. 60, art. 84; 1871, § 1142; 1880, § 2029; 1892, § 1934; 1906, § 2108; Hemingway's 1917, § 1776; 1930, § 1678; 1942, § 575.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1987–2025 · leading case: Biloxi Reg'l Med. Ctr., Inc. v. Est. of Ross, 546 So. 2d 667 (Miss. 1989).
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Biloxi Reg'l Med. Ctr., Inc. v. Est. of Ross, 546 So. 2d 667 (Miss. 1989). · cites it 4× “Our pre-rules decisions have consistently held that under the provisions of Miss.Code Ann. § 91-7-165, once a claimant has probated a claim in compliance with Miss.”
Braxton v. Johnson, 514 So. 2d 1232 (Miss. 1987). “Miss. Code Ann. § 91-7-165 is the statutory procedure for contested creditors’ claims.”
Raspilair v. Est. of Raspilair, 583 So. 2d 970 (Miss. 1991). “We find that Ruth made and proved a valid claim against the estate for $30,600, which the chancellor should have allowed, as authorized under Miss.Code Ann. § 91-7-165. Six hundred dollars of the claim was supported by the April 23, 1985, judgment.”
In Re The Est. of Edwin Lea Brent, Deceased: Dr. Susannah Brent Mays, Special Adm'r of the Est. of Edwin Lea Brent v. The Est. of Ann Brent, 417 So. 3d 114 (Miss. 2025). “Miss. Code Ann. § 91-7-165 (Rev. 2021). We find that Ann’s heirs followed the proper procedure in probating their claim against Lea’s Estate on behalf of Ann’s Estate.”
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