Overview
Walthall County is located in Mississippi with a population of approximately 13,884. The Chancery Court of Walthall 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 Testamentary (if there is a will) or a Petition for Letters of Administration (if there is 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 use a Small Estate Affidavit to collect assets without full probate court administration, provided at least 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 Walthall 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 Walthall County
Probate matters in Walthall County are handled at the Walthall County Courthouse.
Address: 200 Ball Avenue, Tylertown, MS 39667
Phone: (601) 876-3553 (Chancery Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Chancery Clerk, currently Shannon Fortinberry, serves as the clerk of the court for probate matters. The office is located within the county courthouse in Tylertown.
Parking and Access
Public parking is available around the courthouse square in downtown Tylertown. 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 after a 30-day waiting period.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the surviving owner.
- 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 or Petition for Letters of Administration with the Chancery Court of Walthall County. Include:
- The original Last Will and Testament (if applicable)
- Certified death certificate
- List of known heirs and beneficiaries
- Filing fee (approximately $158.00)
- Oath of Personal Representative
Mississippi Electronic Courts (MEC) e-filing may be available for attorneys.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Summons) to all heirs and interested parties who have not signed a waiver of process.
- Publish notice to creditors in a newspaper of general circulation in Walthall County, such as The Tylertown Times, for three consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to validate the will and appoint the personal representative. If all heirs waive notice and consent, the process may be streamlined (common form probate). Once approved, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify 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 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
Walthall County-Specific Procedures
- Chancery Clerk: The Chancery Clerk acts as the recorder and clerk for probate matters. All documents are filed with the Chancery Clerk's office.
- Bond Requirements: A surety bond is typically required for administrators (intestate) and executors (unless waived in the will). The amount is usually equal to the value of the personal estate.
- Local Court Rules: The 4th Chancery Court District rules apply. Always check with the clerk for specific local preferences regarding document formatting.
- Publication: Notice to creditors must be published in a local newspaper, typically The Tylertown Times.
Consult with a local attorney to ensure compliance with the specific practices of the 4th Chancery District.
Timeline & Fees
Filing Fees (Walthall County)
- Petition to Open Estate: approximately $158.00 (Fees vary slightly; verify with Clerk)
- Small Estate Affidavit Recording: approximately $25.00 (for first 5 pages)
- Certified copies of Letters: approximately $2.00 - $5.00 per copy
- Publication costs: approximately $100.00-$200.00 depending on the newspaper length
- Service of Process: Fees vary by Sheriff or process server
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee. Personal checks are often not accepted from pro se litigants.
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 2+ years
The 90-day creditor claim period is mandatory and begins after the first publication of notice.
Local Resources
Walthall County Court Resources
- Court Website: walthallchamber.com/chancery-clerk.html
- Mississippi Judiciary: courts.ms.gov
- Mississippi Electronic Courts (MEC): courts.ms.gov/mec/mec.php
Legal Aid and Attorney Referrals
- Mississippi Bar Association: (601) 948-4471 — msbar.org
- Mississippi Center for Legal Services: (800) 498-1804 — mslegalservices.org
Publication
- The Tylertown Times: (601) 876-5111 — Local newspaper for legal notices