Overview
Tate County is located in Mississippi with a population of approximately 28,064. The Tate 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 or of Administration 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 Small Estate Affidavit procedure for estates valued at $75,000 or less (excluding the homestead). There is also a Muniment of Title process for real estate when there are no debts.
Mississippi law allows for reasonable attorney and executor fees, subject to court approval. Executor fees are typically capped at 7% of the estate value.
This guide provides an informational overview of the Tate 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
Tate County Chancery Court
Probate matters in Tate County are handled at the Tate County Courthouse.
Address: 201 Ward Street, Senatobia, MS 38668
Phone: (662) 562-5661 (Chancery Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Chancery Clerk's office is located in the county courthouse in Senatobia. The Chancery Court is part of the 3rd Chancery District.
Parking and Access
Public parking is available on the streets surrounding the courthouse and in nearby lots.
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.
- Muniment of Title: Used to transfer real property when there are no unpaid debts and no need for 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 (if Will exists) or Letters of Administration with the Tate 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)
Mississippi Electronic Courts (MEC) e-filing may be available; check with the clerk for current participation.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 30 days before the hearing
- Publish notice in a newspaper of general circulation in Tate County for three consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 6 weeks 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:
- Publish notice to creditors in a local newspaper; creditors have 90 days from the first publication to file claims
- Inventory and appraise all estate assets within 90 days
- 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
Tate County-Specific Procedures
- Chancery District: Tate County is in the 3rd Chancery District.
- Attorney Representation: Fiduciaries generally must be represented by a Mississippi attorney.
- Civil Cover Sheet: A civil cover sheet is typically required with the initial filing.
- Publication: Notice must be published in a newspaper of general circulation in Tate County for three consecutive weeks.
The court may require a bond for personal representatives unless waived in the will or by all heirs.
Timeline & Fees
Filing Fees (Tate County)
- Opening Estate: approximately $158
- Small Estate Affidavit: approximately $50-$100
- Certified copies of Letters: approximately $1.00 per page plus certification
- Publication costs: approximately $100-$200 depending on the newspaper
- Service of Process: Service of process fees vary by sheriff/process server
Executor fees are set by the court, typically not exceeding 7% of the estate value.
Payment Methods
The court accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a surcharge.
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 period is mandatory.
Local Resources
Tate County Court Resources
- Chancery Clerk Office: (662) 562-5661
- Mississippi Electronic Courts: courts.ms.gov/mec
- Mississippi Probate Forms: Mississippi Access to Justice
Legal Aid and Attorney Referrals
- The Mississippi Bar: (601) 948-4471 — State Bar Association
- North Mississippi Rural Legal Services: (800) 498-1804 — Legal Aid
- State Bar Lawyer Referral: Contact The Mississippi Bar at (601) 948-4471
Publication
- Tate Record: (662) 562-4414 — Local Newspaper
- DeSoto Times-Tribune: (662) 429-6397 — Nearby Regional Paper