Overview
Bolivar County is located in Mississippi with a population of approximately 30,000. The Bolivar County Chancery Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death. Note that Bolivar County has two judicial districts: the First Judicial District in Rosedale and the Second Judicial District in Cleveland. You should generally file in the district where the decedent resided.
Mississippi probate is governed by Title 91 of the Mississippi Code. The process begins with filing a Petition for Letters Testamentary (if there is a will) or a Petition for Letters of Administration (if there is no will) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
For smaller estates, Mississippi offers a simplified procedure known as the Affidavit of Successor (Small Estate Affidavit). This option is available if the value of the personal estate does not exceed $75,000 and at least 30 days have passed since the death. This process avoids full probate court administration.
Mississippi does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate. Instead, fees must be "reasonable" and are subject to court approval.
This guide provides an informational overview of the Bolivar County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Bolivar County Chancery Court
Probate matters in Bolivar County are handled at the Chancery Court. The county is divided into two judicial districts.
Second Judicial District (Cleveland - Main Office)
Address: 200 South Court Street, Cleveland, MS 38732
Mailing: P.O. Box 670, Cleveland, MS 38732
Phone: (662) 846-5877
First Judicial District (Rosedale)
Address: 801 Main St, Rosedale, MS 38769
Mailing: P.O. Box 238, Rosedale, MS 38769
Phone: (662) 759-3762
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Chancery Clerk serves as the clerk of the court for probate matters. Most administrative tasks and filings are processed through the Clerk's office in the appropriate district.
Parking and Access
Cleveland Courthouse: Public parking is available around the courthouse square and on adjacent streets. The building is accessible to the public during business hours.
Rosedale Courthouse: Street parking is available near the courthouse on Main Street.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit of Successor (Small Estate): If the decedent's personal property is valued at $75,000 or less and there is no real property involved (or real property is handled separately), you may be able to use an affidavit after a 30-day waiting period.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate (Testamentary or Administration) with the Bolivar County Chancery Clerk in the appropriate district. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- List of heirs and beneficiaries
- Filing fee (approximately $160.00)
- Oath of Personal Representative
Mississippi Electronic Courts (MEC) e-filing may be available or required for attorneys. Pro se litigants should check with the clerk.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Summons) to all heirs and interested parties who have not signed a waiver or joinder.
- Publish notice to creditors in a newspaper of general circulation in Bolivar County (e.g., The Bolivar Bullet) for three consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to validate the will and appoint the executor. If the petition is uncontested and waivers are filed, a formal hearing might not be required for the initial appointment, depending on the judge's procedures. Once approved, the Clerk issues Letters.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow the 90-day creditor claim period to expire (starts after first publication).
- Inventory and appraise estate assets (unless waived by the will and the court).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Account and Petition for Discharge to close the estate.
Local Requirements
Bolivar County-Specific Procedures
- Judicial Districts: Ensure you file in the correct district (1st or 2nd) based on where the decedent lived. The 2nd District (Cleveland) is the larger of the two.
- Local Rules: The 7th Chancery Court District may have specific local rules regarding setting hearings and presenting ex parte matters.
- Publication: Notice to creditors must be published in a local newspaper such as The Bolivar Bullet.
- Bond: A surety bond is typically required for administrators (intestate) and for executors unless waived in the will.
Always check with the Chancery Clerk's office for the most current local requirements.
Timeline & Fees
Filing Fees (Bolivar County)
- New Probate Case: approximately $160.00
- Certified copies of Letters: approximately $1.00 per page + certification fee (typically $1.00-$2.00)
- Publication costs: approximately $100.00-$200.00 (paid directly to the newspaper)
- Recording fees: vary by document length
Note: Fees are subject to change. Contact the Chancery Clerk to verify exact amounts.
Payment Methods
The court typically accepts cash, cashier's checks, money orders, and business checks. Credit/debit cards may be accepted with a processing fee.
Estimated Timelines
- Simple estates (uncontested): 6-9 months (includes 90-day creditor period)
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years or more
The 90-day creditor claim period is a mandatory minimum wait time before the estate can be closed.
Local Resources
Bolivar County Court Resources
- Chancery Court Website: co.bolivar.ms.us/chancery-court
- MS Electronic Courts (MEC): courts.ms.gov/mec/mec.php
- State Judiciary Probate Info: courts.ms.gov
Legal Aid and Attorney Referrals
- Mississippi Bar Association: (601) 948-4471 — msbar.org
- North Mississippi Rural Legal Services: (662) 234-8731 — nmrls.com
- MS Legal Services: mslegalservices.org
Publication
- The Bolivar Bullet: (662) 843-2700 — Newspaper of general circulation for legal notices.