Mississippi Probate Court
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Table of Contents
Probate is a judicial process where a deceased person’s estate is administered, debts are settled, and assets are distributed to their heirs or beneficiaries. The Chancery Courts, in Mississippi, oversee estates, guardianships, and other probate-related matters. In Mississippi, all probate processes require court supervision, although the level of supervision may vary.
How the Probate Process Works in Mississippi
The probate process begins when an interested party files a petition with the Chancery Court in the county where the deceased lived. Below is a summary of the probate process in Mississippi:
- Filing a Petition – An individual submits a petition to the local Chancery Court.
- Will or Intestacy – if a will exists, it is presented to the court for validation. In the absence of a will, the Mississippi Intestacy Laws will determine the appropriate course of action.
- Appointment of Executor/Administrator – The court issues “Letters Testamentary” when there is a will and “Letters of Administration" when there is no will.
- Inventory of Assets – The executor must take an inventory of the decedent’s assets.
- Notifying Heirs and Creditors – All creditors and beneficiaries must be formally notified of the probate proceedings.
- Payment of Debts and Taxes – All the deceased's debts and taxes must be paid, including outstanding bills and any estate tax.
- Final Distribution – all remaining assets are divided among heirs or beneficiaries.
In Mississippi, probate cases may last between six months and one year for simple estates, while complex cases may take longer.
What Are the Costs of Probate in Mississippi?
In Mississippi, probate costs may vary based on the location (county), attorney, and estate complexity. However, typical expenses include:
- Court filing fees: A base fee of $85 with a statutory fee of $57.50, depending on the county.
- Attorney fees: Depending on the complexity of the probate case, attorney’s fees may range from $2,500 and upward.
- Executor compensation: Mississippi law allows “reasonable compensation” for executors.
- Other costs: There may be other costs, such as publication fees, appraisals, and the cost of certified copies of documents.
Types of Probate Cases in Mississippi
The following are the categories of probate cases recognized in Mississippi :
- Testate Probate – When the deceased left a valid will.
- Intestate Probate – When no will exists, distribution follows state intestacy laws.
- Dependent Administration – The court closely supervises estate management.
- Independent Administration – Allowed if all heirs agree, enabling reduced oversight.
- Small estate Procedures – If an estate is valued at less than $50,000, individuals may use an informal probate approach instead of a full court hearing, which may be less expensive.
Mississippi Probate Court Forms and Filing Instructions
Individuals may find Probate Court forms and filing instructions on the appropriate county Chancery Court. Although Mississippi lacks a uniform statewide portal for obtaining probate forms, many counties provide basic instructions for petitioners.
How Mississippi Probate Courts Work at the County Level
Even though the laws are the same across the state, each local Probate Court has its own rules for how things are done, including what documents are needed and the filing fees.
The top 10 Mississippi counties by population with Probate Courts are listed below:
- Hinds County (Jackson): The Probate Court deals with a high caseload of probate matters.
- Harrison County (Gulfport/Biloxi): Individuals may visit the Chancery Clerk to access probate records.
- DeSoto County (Hernando): The public may request probate records by submitting a search request on the website, in person, or by email.
- Rankin County (Brandon): the court hears special cases related to wills and estates.
- Madison County (Canton): The court has made it easy for the public to access online forms for probate cases.
- Lee County (Tupelo): Here, residents and non-residents receive clear guidance on probate cases from the Chancery Clerk’s office.
- Forrest County (Hattiesburg): The Probate Court handles probate cases for residents of the county.
- Lauderdale County (Meridian): The Chancery Clerk assists the public with filing and issuing notices in probate matters.
- Jones County (Laurel/Ellisville): Individuals may easily approach the Chancery Clerk’s office for information on probate matters.
- Lamar County (Purvis): Residents of Lamar County may access probate records easily in the county.
How to Search Probate Records in Mississippi
Each county has a Chancery Court that handles all probate-related matters in Mississippi. To search probate records in the state, individuals may contact the clerk of the local Chancery Court. They may inquire from the clerk about procedures or requests for copies of probate court records.