91-7-149 - Probate of claims.
§ 91-7-149. Probate of claims.
Any person desiring to probate his claim shall present to the clerk the written evidence thereof, if any, or if the claim be a judgment or decree, a duly certified copy thereof, or if there be no written evidence thereof, an itemized account or a statement of the claim in writing, signed by the creditor, and make affidavit, to be attached thereto, to the following effect, viz.: That the claim is just, correct, and owing from the deceased; that it is not usurious; that neither the affiant nor any other person has received payment in whole or in part thereof, except such as is credited thereon, if any; and that security has not been received therefor except as stated, if any. Thereupon, if the clerk shall approve, he shall indorse upon the claim the words following: "Probated and allowed for $________ and registered this ________ day of ________, A.D., ________," and shall sign his name officially thereto. Probate registration and allowance shall be sufficient presentation of the claim to the executor or administrator; provided, that should the clerk probate and allow and register the claim, but fail or neglect to indorse thereon the words, "Probated and allowed for $________ and registered the ________ day of ________, A.D., ________," and officially sign his name thereto, the court may, upon proper showing, allow the clerk to indorse on the claim, nunc pro tunc, the words, "Probated and allowed for $________ and registered, this the ________ day of ________, A.D., ________," and sign his name officially thereto. If the claim be based upon a demand of which there is no written evidence or upon an itemized account, the statement of said claim or the itemized account shall be retained and kept by the clerk among the official papers pertaining to the estate; and if the claim be based upon a promissory note or other instrument purporting to have been executed by the decedent, the creditor shall file with his claim either the original thereof or a duplicate of such original in the discretion of the creditor. If the original writing is presented to the clerk, it may be withdrawn by the creditor, and the clerk shall make a duplicate thereof. No specific writing or certificate shall be required to be made by the clerk on either the original writing or the duplicate retained by the clerk. In no instance shall an original writing be required to be presented to the clerk unless (a) a question is raised by the personal representative of the estate, or by any party in interest, as to the authenticity of the original or (b) in the circumstances it would be unfair to admit into evidence the duplicate in lieu of the original. In either of the above situations, the court or chancellor, upon good cause being shown, may require the creditor to produce the original before the court or clerk for the inspection of the personal representative or other party in interest, who may examine the original and who may make photographic copies thereof under the supervision of the clerk.
Notwithstanding the foregoing, any record, voucher, claim, check, draft, receipt, writing, account, statement, note or other evidence which may be furnished, filed, probated, presented or produced, or required to be produced, by a federally regulated bank, thrift or trust company shall be deemed to be an original admitted, furnished, filed, probated, presented, or produced for all purposes and with the same effect as the original, if such financial institution produces a copy of such evidence from a format of storage commonly used by financial institutions, whether electronic, imaged, magnetic, microphotographic or otherwise.
Sources: Codes, Hutchinson's 1848, ch. 49, art. 1 (90); 1857, ch. 60, art. 82; 1871, § 1137; 1880, § 2027; 1892, § 1932; 1906, § 2106; Hemingway's 1917, § 1774; 1930, § 1671; 1942, § 568; Laws, 1934, ch. 304; Laws, 1991, ch. 413, § 1; Laws, 1996, ch. 400, § 42, eff from and after passage (approved March 19, 1996).