91-7-151 - Claims to be registered in ninety days or barred; amendment of affidavits. - Mississippi Statutes

§ 91-7-151. Claims to be registered in ninety days or barred; amendment of affidavits.
 

All claims against the estate of deceased persons, whether due or not, shall be registered, probated and allowed in the court in which the letters testamentary or of administration were granted within ninety (90) days after the first publication of notice to creditors to present their claim. Otherwise, the same shall be barred and a suit shall not be maintained thereon in any court, even though the existence of the claim may have been known to the executor or administrator. Where the affidavit is made in good faith and the claim is registered, probated and allowed by the clerk but the affidavit is defective or insufficient, the court may allow the affidavit to be amended so as to conform to the requirements of the statute, at any time before the estate is finally settled; whereupon the probate shall be as effective and the claim as valid against the estate as if the affidavit had been correct and sufficient in the first instance. 
 

Sources: Codes, Hutchinson's 1848, ch. 49, art. 20 (5); 1857, ch. 60, art. 83; 1871, § 1141; 1880, § 2028; 1892, § 1933; 1906, § 2107; Hemingway's 1917, § 1775; 1930, § 1672; 1942, § 569; Laws,  1926, ch. 157; Laws, 1975, ch. 373, § 5, eff from and after January 1, 1976.