An administrator or executor must attempt to identify creditors and persons having claims against an estate. Reasonable diligent efforts must be applied to do so.
Then, a notice must be sent to the creditor at their last known address informing them that they have 90 days from publication of notice to creditors to file their claim in the probate or administration proceeding or their claim will be barred in accordance with MS Code section 91-7-151.
The executor or administrator must then file an affidavit with the court that he or she complied with the attempt to identify and mailed notice. When filed, a notice of publication to creditors is published in a newspaper published in the county for three consecutive weeks advising them of filing requirements and proof of publication filed with the clerk. If no paper, then there are other requirements.
There is no requirement to publish if the value of the estate does not exceed $500.00. In these estates, notices in lieu thereof shall be posted for thirty (30) days at the courthouse door and two (2) other public places in the county.
Creditors filing claims must meet the requirements of section 91-7-149.
Claims must be filed, whether the claim is due or not. Also, a creditor must accept payment even if the claim is not due. If claims are not registered and allowed, they are barred and cannot be collected. It does not matter that the executor or administrator was not aware of the claim.
If there is a defect or insufficient the affidavit of claim, it may be amended at any time before the final estate is settled.
Since claims against a person have statute of limitations, the limitation period stops upon filing the claim.
The executor or administrator shall pay the allowed claims from funds of the estate if the estate is solvent. But shall not pay claims if not allowed.
An executor or administrator shall pay all taxes that may be due on real and personal property belonging to the estate without any filing of a claim.
If one exists, an executor or administrator must also file their claim and have it appowed.
An heir, legatee, any creditor, executor or administrator may contest any claim. 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.
If there is a lien held by a creditor the lien is not barred if a claim is not filed. But if not filed, the crditor can only go after the property, not other assets of the estate.
cedent who has a lien of any kind on property of the decedent shall not be barred of his right to enforce the lien against the property by a failure to present his claim and have it probated and registered, but shall be barred of all claim to be satisfied out of the assets not affected by such lien. An executor or administrator may file a suit to challenge the validity of a lien. They may also file to sell the property subject to a lien free of the lien or subject to it.
