Detailed Answer
1. Provide notice to creditors
Within 30 days after qualification, the personal representative must publish a Notice to Creditors in a newspaper of general circulation in the county of administration. This notice must run once per week for three consecutive weeks and inform potential creditors of the deadline to file claims (typically within 90 days of the last publication) under Miss. Code Ann. § 91-7-71. See Miss. Code Ann. § 91-7-71.
2. Filing and proving claims
Creditors must submit written statements specifying the amount and basis of their claims. The representative reviews each claim and may request documentation or proof. Section 91-7-73 outlines requirements for claim verification. See Miss. Code Ann. § 91-7-73.
3. Reviewing and approving claims
Personal representatives examine claims for validity and classification. Disputed or deficient claims may require court approval or a hearing. Valid claims proceed to payment; invalid or late claims may be rejected.
4. Priority of claims
Mississippi law sets a statutory order for paying allowed claims. Generally, the priority is:
- Administrative expenses of the estate (attorney fees, court costs)
- Funeral expenses (up to $7,500)
- Family allowance for surviving spouse and minor children
- Debts owed to the state or federal government (taxes)
- Secured claims (mortgages, liens)
- General unsecured claims
See Miss. Code Ann. § 91-7-115 for details on classification and priority.
5. Payment and distribution
After the claims window closes, the representative pays approved claims in order of priority. If estate assets remain, they distribute to beneficiaries per the will or Mississippi intestacy rules.
Helpful Hints
- Act promptly: missing publication or filing deadlines can bar creditor claims.
- Keep detailed records of notices, claims, and payments.
- Consult probate court rules in your county for local procedures.
- Seek advice from an attorney if claims exceed estate assets or disputes arise.
- Review Mississippi Code Chapters 91-7 for a complete overview of estate claims.
Disclaimer: This article provides general information and does not constitute legal advice.