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Mississippi Will Contest Deadline

Updated September 7, 2026. Quick answer: In Mississippi, you have 2 years to contest a will that has already been admitted to probate, running from probate of the will (a fresh 2 years after a minority or incapacity disability ends; the clock doesn’t start at all for concealed fraud until discovery).

How long do you have to contest a will in Mississippi?

Mississippi’s will-contest deadline
Deadline to contest an admitted will2 years
What starts the clockprobate of the will (a fresh 2 years after a minority or incapacity disability ends; the clock doesn’t start at all for concealed fraud until discovery)
Dedicated will-contest statute?Yes

“Any person interested may, at any time within two years, by petition or bill, contest the validity of the will probated without notice…saving to infants and persons of unsound mind the period of two years to contest the will after the removal of their respective disabilities. In case of concealed fraud, the limitation shall commence to run at, and not before, the time when such fraud shall be, or with reasonable diligence might have been, first known or discovered.”

Source: Miss. Code Ann. § 91-7-23

What makes Mississippi different

Mississippi bakes two tolling exceptions directly into the statute’s own text; a fresh 2-year period after a minority or incapacity disability ends, and a discovery-rule exception for concealed fraud that doesn’t start the clock until the fraud is found or reasonably should have been. The controlling authority is Miss. Code Ann. § 91-7-23, and the window runs from probate of the will (a fresh 2 years after a minority or incapacity disability ends; the clock doesn’t start at all for concealed fraud until discovery).

A note on sourcing: Mississippi’s official Lexis-hosted code portal and Justia both blocked automated access this session; the quoted text is a FindLaw mirror cross-confirmed against independent search-indexed snippets of the same section.

What happens once this deadline passes?

Once the window above closes, Mississippi’s probate of the will generally becomes final and binding on everyone who had the chance to object, subject only to the tolling or discovery exceptions described above; a separate objection Mississippi allowed at the original probate hearing does not reopen or extend it.

Sources

Statute / ruleMiss. Code Ann. § 91-7-23
Mississippi courts (general reference)Mississippi judicial branch
ConfidenceMedium

Every statute or rule quoted on this Mississippi page was read directly from the state’s own legislature/court/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; whether a specific contest is still timely can turn on facts (exactly when notice was given, how the will was probated, whether a disability applies) that only your own Mississippi probate court file can confirm.

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