Overview
Tunica County is located in Mississippi with a population of approximately 9,782. The Chancery Court of Tunica County 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 of Administration (intestate) or Petition to Probate Will (testate) 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 Affidavit of Successor for small estates valued at $75,000 or less (excluding the homestead), provided no will has been presented for probate and 30 days have passed since death. Another option is Muniment of Title, used to transfer real estate when there are no debts.
Mississippi does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" and are subject to court approval.
This guide provides an informational overview of the Tunica 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
Chancery Court of Tunica County
Probate matters in Tunica County are handled at the Tunica County Courthouse.
Address: 1300 School Street, Tunica, MS 38676
Phone: (662) 363-2451 (Chancery Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Chancery Clerk, Rechelle Siggers, serves as the clerk of the court and handles probate filings. The court is located on the first floor of the courthouse.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit of Successor (Small Estate): If the estate is valued at $75,000 or less (excluding homestead) and no will is being probated, you may be able to use an affidavit after a 30-day waiting period.
- Muniment of Title: If the decedent owned real property in Mississippi but had no debts (or debts are paid), this procedure can transfer title 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 to Probate Will or Petition for Administration with the Chancery Court of Tunica County. Include:
- Original Will (if applicable)
- Certified death certificate
- List of heirs and their addresses
- Filing fee (approximately $160)
- Oath of Personal Representative
Mississippi Electronic Courts (MEC) e-filing may be available or required for attorneys.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Summons) to all heirs and beneficiaries who have not signed a waiver of process.
- Publish notice to creditors in a newspaper of general circulation in Tunica County (e.g., The Tunica Times or Clarksdale Press Register) for three consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. Many uncontested probate matters in Mississippi can be handled "ex parte" (without a formal hearing) if all heirs waive notice and consent, but a hearing may be required to formally appoint the executor/administrator and issue Letters.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow 90 days for creditors to file claims after the first publication of notice.
- Inventory and appraise all estate assets within 90 days of appointment (unless waived by the will or heirs).
- Pay valid creditor claims.
- 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
Tunica County-Specific Procedures
- Chancery Clerk: The Chancery Clerk's office is the primary point of contact for filing. Rechelle Siggers is the current Chancery Clerk.
- Bond Requirements: A surety bond is typically required for administrators (intestate) unless all heirs waive it. Executors (testate) may be exempt if the will waives bond.
- Publication: Notice to creditors must be published in a local newspaper such as The Tunica Times or Clarksdale Press Register.
- Local Rules: Check with the Chancery Clerk for any specific local formatting rules or courtesy copy requirements for the Chancellor.
Timeline & Fees
Filing Fees (Tunica County)
- Opening an Estate: approximately $160.00
- Service of Process (Sheriff): approximately $35.00 per person
- Publication costs: approximately $100-$200 depending on the newspaper
- Certified copies of Letters: approximately $2.00 - $5.00 per copy
Note: Fees are subject to change. Contact the Chancery Clerk at (662) 363-2451 to verify exact amounts.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (uncontested): 6-9 months (includes 90-day creditor period)
- Average estates: 9-15 months
- Complex or contested estates: 18 months to several years
The 90-day creditor claim period is a mandatory statutory minimum wait time before the estate can be closed.
Local Resources
Tunica County Court Resources
- Chancery Clerk Website: tunicachancery.com
- Tunica County Website: tunicacountymississippi.com
- Mississippi Judiciary: courts.ms.gov
- Mississippi Bar Association: msbar.org
Legal Aid and Attorney Referrals
- Mississippi Bar Lawyer Referral Service: (800) 682-6023
- North Mississippi Rural Legal Services: (662) 234-8731
- Mississippi Volunteer Lawyers Project: mvlp.org
Publication
- The Tunica Times: (662) 363-1622
- Clarksdale Press Register: (662) 627-2201