Credors Rights where no estate open in 3 years from death of decedent

If there is no administration filed within three (3) years of the death of the decedent  creditors have certain rights.

The creditors can file for a lien within 3 years and ninety (90) days from the death of the decedent by filing a lis pendens in the county where the deceased owned land. If previously sold to a bona fide purchaser for value then no lien can be legally claimed.

This does not apply to a secured creditor’s recorded claim such as a mortgage, which remains valid.



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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.