Where do I file for probate in Kemper County?

File at the Kemper County Chancery Court, located at 280 Veterans St, De Kalb, MS 39328. The mailing address is P.O. Box 188, De Kalb, MS 39328.

How much does probate cost in Kemper County?

Filing fees to open an estate are approximately $150-$160. Publication costs add another $100-$200. Attorney fees are separate and subject to court approval.

Can I avoid probate in Kemper County with a small estate?

Yes, if the decedent's personal property is valued at $75,000 or less, you may be able to use a Small Estate Affidavit after a 30-day waiting period.

How long does probate take in Kemper County?

A simple estate typically takes 6 to 9 months. The mandatory creditor claim period is 90 days, so the estate cannot be closed sooner than that.

Do I need an attorney for probate in Kemper County?

While not strictly required by law for all matters, Mississippi Chancery Courts strongly encourage hiring an attorney due to the complexity of probate procedures. Corporate fiduciaries must be represented by counsel.

Where do I publish the notice to creditors?

Notice is typically published in the *Kemper County Messenger*, which is the newspaper of general circulation for the county.

Kemper County Probate Guide: Courts, Fees & Process (2026)

Overview

Kemper County is located in Mississippi with a population of approximately 8,600. The Kemper County Chancery Court 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 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.

Mississippi offers a simplified procedure for small estates. If the value of the decedent's personal property does not exceed $75,000, successors may file a Small Estate Affidavit to collect assets without full probate administration, provided at least 30 days have passed since the death and no petition for appointment of a personal representative is pending.

Mississippi law allows for reasonable attorney fees and executor fees, which are subject to court approval. There is no fixed statutory percentage, but fees are typically based on the complexity of the estate and services rendered.

This guide provides an informational overview of the Kemper 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

Kemper County Chancery Court

Probate matters in Kemper County are handled at the Kemper County Courthouse.

Address: 280 Veterans St, De Kalb, MS 39328 (Mailing: P.O. Box 188, De Kalb, MS 39328)

Phone: (601) 743-8375 (Chancery Court) / (601) 743-2460 (Chancery Clerk)

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 is responsible for maintaining all probate records.

Parking and Access

Public parking is available around the courthouse square in De Kalb. The building is accessible to the public during business hours, with security screening required at the entrance.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Small Estate Affidavit: If the estate's personal property is valued at $75,000 or less, you may be able to use a Small Estate Affidavit after a 30-day waiting period.
Muniment of Title: If the decedent left a will and the only asset is real property, you may file a Petition for Muniment of Title to transfer ownership without full administration.
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 Letters Testamentary or Petition for Letters of Administration with the Kemper County Chancery Court. Include:

Original Will and Codicils (if applicable)
Certified copy of the Death Certificate
List of heirs and beneficiaries
Filing fee (approximately $150-$160)
Oath of Personal Representative

Mississippi Electronic Courts (MEC) e-filing may be available or mandatory for attorneys; pro se litigants should check with the clerk.

Step 3: Provide Notice

After filing, you must:

Mail notice to all heirs, beneficiaries, and interested parties.
Publish notice to creditors in a newspaper of general circulation in Kemper County, such as the Kemper County Messenger, for three consecutive weeks.

Step 4: Attend the Hearing

The court may schedule a hearing on the petition. If the petition is uncontested and all documents are in order, the judge may sign the order opening the estate and issuing Letters Testamentary or Letters of Administration without a formal hearing in some cases.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify known creditors and allow 90 days from the first publication for claims to be filed.
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 after the creditor period expires and court approval is obtained.
File a Final Account and Petition for Discharge to close the estate.

Local Requirements

Kemper County-Specific Procedures

E-filing: Kemper County participates in the Mississippi Electronic Courts (MEC) system. Attorneys are generally required to e-file.
Bond requirements: A surety bond is typically required for administrators of intestate estates, and for executors unless waived in the will.
Local court rules: The 6th Chancery Court District rules apply.
Publication: Notice to creditors must be published in a newspaper of general circulation in Kemper County, typically the Kemper County Messenger, for three consecutive weeks.

Always check with the Chancery Clerk for the most current local forms and procedural requirements.

Timeline & Fees

Filing Fees (Kemper County)

Petition to Open Estate: approximately $148.00 - $160.00
Small Estate Affidavit: Varies, check with clerk (typically lower than full probate)
Certified copies of Letters: approximately $2.00 - $5.00 per copy
Publication costs: approximately $100 - $200 depending on the newspaper
Service of Process: Additional fees apply if Sheriff service is required

Payment Methods

The court accepts cash, cashier's checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee. Personal checks are often not accepted from pro se litigants.

Estimated Timelines

Simple estates (no disputes, limited assets): 6-9 months
Average estates: 9-15 months
Complex or contested estates: 18 months to 2+ years

The creditor claim period in Mississippi is 90 days from the date of the first publication of notice. The estate cannot be closed until this period has expired and all claims are resolved.

Local Resources

Kemper County Court Resources

Court Website: kempercountyms.gov
Probate Self-Help: Mississippi Access to Justice
Mississippi Probate Forms: GAP Act Forms

Legal Aid and Attorney Referrals

Mississippi Bar Association: (601) 948-4471 — Lawyer Referral Service
Mississippi Center for Legal Services: (800) 498-1804 — Legal Aid
State Bar Lawyer Referral: msbar.org

Publication

Kemper County Messenger: (601) 743-5760 — Newspaper of general circulation

Probate in Kemper County, Mississippi: 2026 Guide