Overview
Sharkey County is located in Mississippi with a population of approximately 3,234. The Sharkey 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 decedent's personal property does not exceed $75,000, successors may file a Small Estate Affidavit to collect assets without full probate administration, provided 30 days have passed since the death and no petition for appointment of a personal representative is pending.
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 Sharkey 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
Sharkey County Chancery Court
Probate matters in Sharkey County are handled at the Sharkey County Courthouse.
Address: 120 Locust St, Rolling Fork, MS 39159
Phone: (662) 873-2755 (Chancery Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Chancery Clerk's office is responsible for maintaining all probate records. The court is part of the 9th Chancery Court District of Mississippi.
Parking and Access
Street parking is generally available around the courthouse square in Rolling Fork. The building is accessible to the public during standard business hours. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the decedent's personal property is valued at $75,000 or less, you may be able to use an affidavit to collect assets 30 days after death.
- Muniment of Title: If the decedent had a will and owned real property but had no debts (other than secured debts), you may file a Petition for Muniment of Title to transfer property 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 of Will and Issuance of Letters (or Petition for Letters of Administration) with the Sharkey County Chancery Court. Include:
- Original Will (if applicable)
- Certified copy of the death certificate
- List of heirs and their addresses
- Filing fee (approximately $158.00)
- Oath of Personal Representative
Mississippi Electronic Courts (MEC) e-filing may be available or mandatory for attorneys in certain districts; check with the clerk for current local rules.
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 Sharkey County (such as the Deer Creek Pilot) for three consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to validate the will and appoint the executor. Many uncontested matters can be handled by the attorney presenting the order to the judge without a formal hearing, but this varies by judge. Once approved, the Clerk issues Letters Testamentary or Letters of Administration.
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 by the will and the court).
- Pay valid creditor claims and estate taxes.
- Distribute assets to beneficiaries after the creditor period expires and debts are paid.
- File a Final Account and Petition to Close Estate to be discharged.
Local Requirements
Sharkey County-Specific Procedures
- Local Court Rules: Sharkey County is part of the 9th Chancery District. Local judges may have specific preferences for how orders are presented.
- Bond Requirements: A surety bond is typically required for administrators (intestate) and executors unless waived in the will or by all beneficiaries.
- Publication: Notice to creditors must be published in a local newspaper, typically the Deer Creek Pilot.
- Inventory: Must be filed within 90 days unless waived.
Always check with the Chancery Clerk's office for the most up-to-date filing requirements and fee schedules.
Timeline & Fees
Filing Fees (Sharkey County)
- Probate/Administration Petition: approximately $158.00
- Small Estate Affidavit: Fees vary, 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: Fees vary by Sheriff or process server
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Some counties accept credit cards with a processing fee; confirm with the clerk.
Estimated Timelines
- Simple estates (no disputes): 6-9 months (minimum 90-day creditor period required)
- Average estates: 9-15 months
- Complex or contested estates: 18 months to several years
The 90-day creditor claim period begins after the first publication of notice. The estate cannot be closed until this period expires and all claims are resolved.
Local Resources
Sharkey County Court Resources
- Court Website: sharkeycounty.net
- Mississippi Electronic Courts: mec.ms.gov
- State Probate Forms: courts.ms.gov
Legal Aid and Attorney Referrals
- Mississippi Bar Association: (601) 948-4471 — msbar.org
- Mississippi Center for Legal Services: 1-800-498-1804 — mslegalservices.org
Publication
- Deer Creek Pilot: (662) 873-4354 — Local newspaper for legal notices