Overview
Leflore County is located in Mississippi with a population of approximately 28,339. The Leflore 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 Letters of Administration (if 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 estate (excluding the homestead) does not exceed $75,000, heirs may file a Small Estate Affidavit to collect assets without full probate administration.
State law does not set a fixed percentage for attorney or executor fees; instead, fees must be "reasonable" and are subject to court approval based on the complexity of the estate.
This guide provides an informational overview of the Leflore 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
Leflore County Chancery Court
Probate matters in Leflore County are handled at the Leflore County Courthouse.
Address: 306 W Market St, Greenwood, MS 38930
Mailing Address: P.O. Box 250, Greenwood, MS 38935-0250
Phone: (662) 453-6203 (Chancery Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (verify hours with the clerk's office)
The Chancery Clerk, Debra Tate Hibbler, serves as the clerk of the court for probate matters. The court is part of the 7th Chancery Court District of Mississippi.
Parking and Access
Public parking is available around the courthouse square and on nearby streets. Security screening is required for entry into the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's value is $75,000 or less (excluding homestead) and no will is being probated, 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 Probate with the Leflore County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the death certificate
- List of heirs and their addresses
- Filing fee (approximately $160.00)
- Oath of Executor/Administrator
Mississippi Electronic Courts (MEC) e-filing is available and often required for attorneys.
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 Leflore County (such as The Greenwood Commonwealth) for three consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to open the estate. If the petition is uncontested and all waivers are signed, a hearing may 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:
- Wait for the 90-day creditor period to expire (starts from the first date of publication).
- Inventory and appraise all estate assets within 90 days of appointment (unless waived by the will).
- 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
Leflore County-Specific Procedures
- E-filing: Leflore County utilizes the Mississippi Electronic Courts (MEC) system. Attorneys are generally required to e-file.
- Bond: A surety bond is typically required for administrators (intestate) and executors (unless waived in the will).
- Publication: Notice to creditors must be published in a local newspaper, typically The Greenwood Commonwealth.
- Local Rules: The 7th Chancery District may have specific local rules regarding scheduling and ex parte matters. Check with the Clerk's office for judge-specific requirements.
Timeline & Fees
Filing Fees (Leflore County)
- Petition to Open Estate: approximately $160.00
- Small Estate Affidavit: approximately $135.00 - $150.00
- Certified copies of Letters: approximately $2.00 - $5.00 per copy
- Publication costs: approximately $100.00 - $200.00 (paid directly to the newspaper)
Fees are subject to change. Contact the Chancery Clerk at (662) 453-6203 for the most current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted for e-filing or with an additional processing 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
The 90-day creditor claim period is a mandatory statutory minimum that cannot be shortened.
Local Resources
Leflore County Court Resources
- Chancery Clerk Website: Leflore County Chancery Clerk
- Mississippi Electronic Courts (MEC): MEC System
- State Probate Forms: Mississippi Access to Justice Commission
Legal Aid and Attorney Referrals
- Mississippi Bar Association: (601) 948-4471 — Find a Lawyer
- North Mississippi Rural Legal Services: (662) 453-6677 — NMRLS Website
Publication
- The Greenwood Commonwealth: (662) 453-5312 — Website