Overview
Marshall County is located in Mississippi with a population of approximately 34,000. The Marshall 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 known as the Small Estate Affidavit for estates valued at $75,000 or less, provided no will has been presented for probate. Another option is Muniment of Title, used to transfer real property when there are no debts and no need for full administration.
Attorney fees in Mississippi are subject to court approval and must be reasonable based on the services performed. The court may also allow a commission to the personal representative, typically calculated as a percentage of the estate value.
This guide provides an informational overview of the Marshall 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
Marshall County Chancery Court
Probate matters in Marshall County are handled at the Marshall County Courthouse.
Address: 128 East Van Dorn Avenue, Holly Springs, MS 38635
Phone: (662) 252-4431 (Chancery Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Marshall County Chancery Court is part of the 18th Chancery Court District of Mississippi. The Chancery Clerk's office serves as the recorder of deeds and custodian of court records. The current Chancery Clerk is Nicole M. Phelps.
Parking and Access
Public parking is generally available around the courthouse square in Holly Springs. Visitors should be prepared for security screening upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: 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.
- Muniment of Title: Used to transfer real estate when the decedent had a will, but there are no unpaid debts and no need for full estate 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 Marshall County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- List of heirs and their addresses
- Certified copy of the death certificate
- Filing fee (approximately $158)
- Affidavit of subscribing witnesses (if Will is not self-proved)
E-filing is available via the Mississippi Electronic Courts (MEC) system for the 18th Chancery District.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties. Waivers of notice are often sought to speed up the process.
- Publish notice to creditors in a newspaper of general circulation in Marshall County (such as The South Reporter) for three consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 30 to 60 days after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors by publishing notice (creditors have 90 days from the first publication to file claims)
- Inventory and appraise all estate assets within 90 days of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Marshall County-Specific Procedures
- E-filing: The 18th Chancery District utilizes the Mississippi Electronic Courts (MEC) system for filing documents.
- Chancery District: Marshall County is part of the 18th Chancery Court District, which also includes Benton, Calhoun, Lafayette, and Tippah counties.
- Local Court Rules: Follow the Uniform Chancery Court Rules. Check with the Chancery Clerk for specific local preferences regarding hearing scheduling.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Marshall County for three consecutive weeks.
Always consult with a local attorney to ensure compliance with the specific requirements of the 18th Chancery District.
Timeline & Fees
Filing Fees (Marshall County)
- Probate/Administration: approximately $158
- Summons/Service: approximately $35-$50
- Certified copies of Letters: approximately $1-$2 per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Attorney Fees: Subject to court approval based on reasonableness.
Payment Methods
The court accepts cash, certified checks, or money orders. Credit cards may be accepted for e-filing fees via the MEC system.
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 90-day creditor claim period begins after the first publication of notice, which sets a minimum timeline for closing the estate.
Local Resources
Marshall County Court Resources
- Court Website: marshall-county.com
- Mississippi Probate Forms: Mississippi Judiciary
Legal Aid and Attorney Referrals
- Mississippi Bar Association: (601) 948-4471 — Professional association for attorneys
- North Mississippi Rural Legal Services: (662) 234-8731 — Legal aid for low-income residents
- Mississippi Bar Directory: msbar.org
Publication
- The South Reporter: (662) 252-4261 — Newspaper of general circulation
- The Marshall County Post: (662) 252-1722 — Local newspaper