Mississippi Code

Miss. Code Ann. § 91-7-309 (2026)

Accounts may be opened and falsified in two years

✓ current as of July 2026

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Any person interested may, at any time within two years after final settlement, by bill or petition, open the account of any executor, administrator, or guardian and surcharge and falsify the same, and not after, saving to minors and persons of unsound mind the same time after the removal of their disabilities. Such bills or petitions may be filed without leave of the court or chancellor, and evidence shall be admissible in such cases to show the falsity of the account. Such bills and petitions shall not be governed by the rules applicable to bills of review in chancery, but in such cases it will be the duty of the court to correct any errors of law or fact occurring in the final settlement of the executor, administrator, or guardian.

Codes, 1880, § 2075; 1892, § 1960; 1906, § 2136; Hemingway's 1917, § 1804; 1930, § 1744; 1942, § 646; Laws, 1894, ch. 53.

Notes of Decisions

Cited in 3 cases, 2007–2017 · leading case: Constance Fitzmaurice v. Charles Vandevort, 237 So. 3d 852 (Miss. Ct. App. 2017).

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Constance Fitzmaurice v. Charles Vandevort, 237 So. 3d 852 (Miss. Ct. App. 2017). · cites it 6× “Miss. Code Ann. § 91-7-309 . Fitzmaurice’s petition was filed after this two-year period had expired.”

McClendon v. Hudson, 962 So. 2d 90 (Miss. Ct. App. 2007). · cites it 2× “Miss.Code Ann. § 91-7-309 (Rev.2004); Byrd v.”

Est. of Perry v. Perry, 61 So. 3d 193 (Miss. Ct. App. 2010). · cites it 2× “901, 903 (1930) (construing prior version of current Miss.Code Ann. § 91-7-309). Because Cheryl presented her heir-at-law claim and had the opportunity to provide her birth certificate prior to the order approving the accounting, she cannot reopen the account under section…”

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