Overview
Chickasaw County is located in Mississippi with a population of approximately 16,774. The Chancery Court of Chickasaw County handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Mississippi probate is governed by Title 91 of the Mississippi Code. The process begins with filing a Petition for Probate of Will and Letters Testamentary (for testate estates) or a Petition for Letters of Administration (for intestate estates) 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.
Mississippi offers a simplified procedure known as the Affidavit of Successor (Small Estate Affidavit) for estates valued at $75,000 or less, provided no will has been presented for probate and 30 days have passed since death.
Mississippi does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" and are subject to court approval.
This guide provides an informational overview of the Chickasaw 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
Chancery Court of Chickasaw County
Chickasaw County has two judicial districts. Probate matters should be filed in the district where the decedent resided.
1st Judicial District (Houston)
Address: 1 Pinson Square Rd., Houston, MS 38851
Phone: (662) 456-2513
Clerk: Sherri Bevels (Chancery Clerk)
2nd Judicial District (Okolona)
Address: 234 West Main St, Rm 201, Okolona, MS 38860
Phone: (662) 447-2092
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Chancery Clerk's office serves as the clerk for the Chancery Court and handles the filing of all probate documents.
Parking and Access
Both courthouses are located in the downtown areas of their respective county seats (Houston and Okolona). Street parking is generally available around the courthouse squares. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit of Successor (Small Estate): If the estate is valued at $75,000 or less and no will is being probated, you may be able to use an affidavit to collect assets after a 30-day waiting period.
- Joint Tenancy/Survivorship: Assets held 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 (Testate or Intestate) with the Chancery Court of Chickasaw County. Include:
- Original Will and Codicils (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (approximately $148.00 - $160.00)
- Oath of Personal Representative
Chickasaw County utilizes the Mississippi Electronic Courts (MEC) system for e-filing in many cases.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Summons) to all heirs and interested parties who have not signed a waiver/joinder.
- Publish notice to creditors in a newspaper of general circulation in Chickasaw County (e.g., Chickasaw Journal or The Okolona Messenger) for three consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to validate the will and appoint the personal representative. If the petition is uncontested and waivers are filed, a hearing might not be required for the initial appointment. Once approved, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow 90 days for creditors to file claims after the first publication of notice.
- Inventory and appraise all estate assets within 90 days of appointment (unless waived).
- 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
Chickasaw County-Specific Procedures
- Judicial Districts: Ensure you file in the correct district (1st District/Houston or 2nd District/Okolona) based on the decedent's residence.
- E-filing: The Mississippi Electronic Courts (MEC) system is widely used; check with the clerk for mandatory e-filing rules for attorneys.
- Bond: A surety bond is typically required unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors must be published in a local newspaper such as the Chickasaw Journal or The Okolona Messenger.
Always check with the Chancery Clerk's office for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Chickasaw County)
- Initial Probate Filing: approximately $148.00 - $160.00 (varies by specific petition type)
- Service of Process: approximately $35.00 - $45.00 per person (if Sheriff service is needed)
- Publication costs: approximately $100.00 - $200.00 (paid directly to the newspaper)
- Certified copies: approximately $2.00 - $5.00 per copy
Note: Fees are subject to change. Contact the Chancery Clerk to verify exact amounts.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Simple estates: 6-9 months (minimum 90-day creditor period required)
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years or more
The 90-day creditor claim period begins after the first publication of notice, which is a primary factor in the timeline.
Local Resources
Chickasaw County Court Resources
- Court Website: courts.ms.gov
- MS Electronic Courts (MEC): courts.ms.gov/mec/mec.php
- Probate Self-Help: Mississippi Access to Justice
Legal Aid and Attorney Referrals
- Mississippi Bar Association: (601) 948-4471 — msbar.org
- North Mississippi Rural Legal Services: (662) 234-8731 — nmrls.com
Publication
- Chickasaw Journal (Houston): (662) 456-3771
- The Okolona Messenger: (662) 447-2092