Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
To rely on Mississippi’s two-year rule (Miss. Code Ann. § 91-7-357), you must verify that the personal representative satisfied all notice requirements under Miss. Code Ann. § 91-7-353 and Miss. Code Ann. § 91-7-355.
1. Understand Mississippi’s Two-Year Rule
Miss. Code Ann. § 91-7-357 bars claims by creditors not filed within two years after issuance of letters testamentary or of administration.
2. Notice to Creditors Requirements
- Publication Notice: The personal representative must publish notice once a week for three consecutive weeks in a legal newspaper in the county of administration. (Miss. Code Ann. § 91-7-353.)
- Notice to Known Creditors: Within 30 days of qualification, the representative must mail written notice to known or reasonably ascertainable creditors.
- Proof of Notice Filed: After publication and mailing, the representative must file an Affidavit of Mailing and Publication with the probate clerk. (Miss. Code Ann. § 91-7-355.)
3. How to Verify Notice in the Probate File
- Obtain a certified copy of the probate file from the Chancery Clerk’s Office where the estate was administered.
- Confirm the qualification date in the Letters Testamentary or Letters of Administration.
- Locate the “Affidavit of Mailing and Publication” – it will list publication dates and mailed creditor names.
- Check newspaper archives for three consecutive weeks of notice publication.
- Review certificates of mailing or postal receipts attached to the affidavit.
4. Confirm Compliance to Trigger the Two-Year Bar
Once proof of proper publication and mailing is in the file, you can rely on the two-year limitation in § 91-7-357 to bar late claims.
Helpful Hints
- Reference the probate case number when requesting records.
- Ask the personal representative for certified notice documents.
- Search the Chancery Clerk’s online docket for digital filings.
- Maintain a timeline of notice and filing dates for your records.
- If notice documents are missing, file a motion in probate court compelling production of proof.