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Bolivar County, MS Probate Information
Quick facts
| Item | Bolivar County details |
|---|---|
| Court | Bolivar County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159. |
| Probate filings go to | Bolivar County Chancery Clerk. The county has two judicial districts, and the clerk's office should confirm whether the Rosedale or Cleveland counter should receive a particular estate filing. |
| First Judicial District office | Rosedale office, courthouse address 801 South Main Street, Rosedale, MS 38769. Mailing: Bolivar County Chancery Clerk, First Judicial District, P.O. Box 238, Rosedale, MS 38769. Phone: (662) 759-3762. Fax: (662) 759-3467. |
| Second Judicial District office | Cleveland office, courthouse address 200 South Court Street, Cleveland, MS 38732. Mailing: Bolivar County Chancery Clerk, Second Judicial District, P.O. Box 789, Cleveland, MS 38732. Phone: (662) 843-2071. Fax: (662) 846-2940. |
| Hours | Monday through Friday, 8 a.m. to 5 p.m., for both offices. Call before filing to confirm any filing cutoff. |
| Chancery court district | Mississippi's 7th Chancery Court District, covering Bolivar, Coahoma, Leflore, Quitman, Tallahatchie and Tunica counties. The district assigns chancellors, but a Bolivar County case stays with Bolivar County. |
| Filing fee | Bolivar County does not publish a separate estate filing total for either office. Miss. Code Ann. § 25-7-9, in the text effective until December 31, 2027, sets the chancery clerk's estate fee at $85.00, plus $10.00 to the Comprehensive Electronic Court Systems Fund, $40.00 to the Judicial System Operation Fund and $5.00 to the Civil Legal Assistance Fund, for a $140.00 statutory floor. Confirm the current amount with the chancery clerk before filing. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary, including an executor or administrator, to retain an attorney unless the fiduciary is licensed to practice law in Mississippi. The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 is different because it is presented to the holder of personal property, not filed as a court case. |
| Local forms | Bolivar County publishes no probate form, small estate affidavit form or probate instruction sheet of its own. Use the statewide Chancery Clerk Cover Sheet and the documents prepared by the attorney for a court estate. |
| E-filing | Attorneys file through Mississippi Electronic Courts, MEC, at courts.ms.gov/mec after the case begins. A self-represented party may have read-only PAMEC access but may not file electronically. Every estate case starts with a conventional paper filing at the chancery clerk's counter. |
| Case search | Use MEC and PAMEC at courts.ms.gov/mec. Remote access requires a registered PAMEC account, while free viewing of filed civil documents is available at the chancery clerk's office during regular business hours. The clerk's online land search is for land records, not chancery case lookup. |
| Remote appearance | Ask the Bolivar County Chancery Clerk. Phone or video attendance depends on the chancellor, Miss. Const. art. 6, § 159, and 7th Chancery Court District practice. |
| Website | https://bolivarchancery.squarespace.com/ |
Before you begin — know the assets and liabilities
Before you choose a Bolivar County filing path, list the assets, debts, beneficiary designations, deeds, vehicle titles, bank accounts and any original will. The right estate settlement path can change if the home passes outside the estate, if only personal property remains, or if letters testamentary or letters of administration are needed.
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts before papers are filed in Rosedale or Cleveland. That up-front work makes the attorney's petition and the family's estate settlement plan more accurate.
Which court handles jurisdiction
Probate for Bolivar County is filed with the Bolivar County Chancery Clerk. Bolivar County has two judicial districts and chancery court is held in both under Miss. Code Ann. § 9-5-3(1): the First Judicial District office in Rosedale and the Second Judicial District office in Cleveland. The clerk's office should confirm which counter should receive a particular filing.
A will is proved and letters testamentary are granted by the chancery court of the county where the testator had a fixed place of residence, or, if there was no fixed place of residence and the will devises land, where the land or part of it is located (Miss. Code Ann. § 91-7-1). Letters of administration for an intestate estate follow a different county ladder under Miss. Code Ann. § 91-7-63. Both statutes speak in county terms, so do not assume a Bolivar County judicial district boundary without asking the clerk.
Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court. Bolivar County shares Mississippi's 7th Chancery Court District with Coahoma, Leflore, Quitman, Tallahatchie and Tunica counties, but that district is about chancellor assignment, not moving a Bolivar County filing to another county.
The jurisdiction process
- Gather the death certificate, the original will if one exists, asset information, debt information and deeds before choosing a Bolivar County path.
- Choose the route. If 30 days have passed and the entire probate estate is $75,000 or less in personal property, excluding liens and encumbrances, the small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the bank, employer or other holder and is not opened as a Bolivar County court case. If the decedent left a will that devises Mississippi real property, all known debts are paid and the non-real, non-exempt probate estate fits the Miss. Code Ann. § 91-7-322 sum, ask the attorney about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- For full administration or muniment of title, retain an attorney. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney during the fiduciary appointment.
- The attorney prepares the petition. A petition to probate a will must attach a copy of the will as an exhibit under UCCR 6.15, and fiduciary pleadings must be personally signed and sworn under UCCR 6.14.
- File on paper with the Bolivar County Chancery Clerk at the Rosedale or Cleveland office the clerk directs, with the Chancery Clerk Cover Sheet and the court cost deposit required by UCCR 9.01 and Miss. Code Ann. § 25-7-9. The original will stays with the clerk under UCCR 9.03.
- The chancery court, or the chancery clerk in vacation, meaning between court terms, may admit a will to probate in common form and grant letters testamentary or letters of administration under Miss. Code Ann. § 9-5-141, subject to court approval. The clerk's act is not final until approved by the court under Miss. Code Ann. § 9-5-147. Wills and letters are governed by Miss. Code Ann. § 91-7-1 and Miss. Code Ann. § 91-7-63.
- Address oath and bond if required. Miss. Code Ann. § 91-7-41 requires the executor's oath and provides for bond approved by the court or clerk.
- After letters are granted, the executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to known creditors, files the diligent-search affidavit, and then publishes the notice to creditors for three consecutive weeks under Miss. Code Ann. § 91-7-145.
- Creditors probate and register claims with the clerk. Claims not registered within 90 days after the first publication are barred under Miss. Code Ann. § 91-7-151.
- Administer the estate, pay allowed debts and taxes, account as required, distribute under the will or court order, and seek the final decree and discharge through the chancery court.
Forms and documents
Probate forms in Bolivar County
Mississippi publishes a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, but it does not provide a statewide probate form packet. The petition for a full Bolivar County estate is drafted by the attorney required under Uniform Chancery Court Rule 6.02, and the rules supply content requirements such as the will exhibit under UCCR 6.15 and sworn fiduciary filings under UCCR 6.14.
Bolivar County publishes no probate form, small estate affidavit form or probate instruction sheet of its own for either the Rosedale or Cleveland office. For a court filing, call the Bolivar County Chancery Clerk before delivery to confirm which of the two offices should receive the papers.
Local nuance
Bolivar County-specific considerations
Bolivar County's local probate nuance is structural: it has two judicial districts and two chancery clerk offices. The First Judicial District office is in Rosedale, and the Second Judicial District office is in Cleveland. Chancery court is held in both under Miss. Code Ann. § 9-5-3(1), but no rule is published here that assigns estate filings by boundary, so call the clerk before filing.
Use Rosedale contact information for the First Judicial District office and Cleveland contact information for the Second Judicial District office. Do not use the clerk's online land search as a chancery case search; estate case access runs through MEC and PAMEC at courts.ms.gov/mec or through free viewing at the chancery clerk's office during regular business hours.
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | Every Mississippi chancery court, including Bolivar County, was implemented in Mississippi Electronic Courts. The statewide trial-court rollout finished June 30, 2025. MEC and PAMEC information is at courts.ms.gov/mec. |
| July 1, 2020 | The small estate affidavit ceiling rose to $75,000 under Miss. Code Ann. § 91-7-322, and the muniment of title procedure was rewritten under Miss. Code Ann. § 91-5-35. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the fiduciary attorney rule in UCCR 6.02. |
| January 1, 2026 | Mississippi's legal aid providers moved to separate intake hotlines. North Mississippi Rural Legal Services serves Bolivar County and uses 1-800-898-8731; families can also use mslegalservices.org to check service-area information. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Bolivar County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed. If the home passes outside the estate and only personal property remains, the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 may resolve the personal property after 30 days without opening a Bolivar County court case. If a will devises the home and all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be the court route, and the family should ask which Bolivar County office to use. | Sunset helps identify accounts, organize deeds and account information, and prepare the family for an attorney conversation before estate settlement papers are filed. |
| Out-of-state adult child with a small estate | If 30 days have passed and the whole probate estate is $75,000 or less in personal property, excluding liens and encumbrances, the Miss. Code Ann. § 91-7-322 affidavit is presented to the holder and is not filed in Rosedale or Cleveland. If letters are needed, UCCR 6.02 requires a Mississippi attorney, and the petition opens on paper at the Bolivar County office the clerk directs. | Sunset finds financial accounts, helps sort whether letters are needed, and connects the child with a vetted Mississippi probate attorney if court authority is required. |
| Parent settling a predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit cannot transfer the house. If there is a will and debts are paid, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, full administration is filed with the Bolivar County Chancery Clerk, and UCCR 6.02 requires counsel. The chancellor fixes fiduciary compensation and attorney fees under Miss. Code Ann. § 91-7-299, and UCCR 6.12(B) says fees are not based on the value of real property. | Sunset organizes asset discovery, creates a packet of account and property information, and helps the parent find a local probate attorney for the required court filing. |
Self-help resources
| Resource | How it helps in Bolivar County | Contact |
|---|---|---|
| Bolivar County Chancery Clerk, First Judicial District | Call to ask whether the Rosedale office should receive the estate filing, to confirm the current filing amount and to ask about hearing logistics. | P.O. Box 238, Rosedale, MS 38769. Phone: (662) 759-3762. Fax: (662) 759-3467. |
| Bolivar County Chancery Clerk, Second Judicial District | Call to ask whether the Cleveland office should receive the estate filing, to confirm the current filing amount and to ask about hearing logistics. | P.O. Box 789, Cleveland, MS 38732. Phone: (662) 843-2071. Fax: (662) 846-2940. |
| Mississippi Judiciary chancery court page | Provides statewide chancery court information, including the Chancery Clerk Cover Sheet link and the chancery court structure under Miss. Const. art. 6, § 159. | courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules for fiduciary matters, including the attorney requirement in UCCR 6.02 and filing-content rules for estate papers. | courts.ms.gov |
| MEC and PAMEC | Case access for chancery matters. Remote PAMEC access requires registration and fees may apply; free viewing is available at the chancery clerk's office during regular business hours. | courts.ms.gov/mec. Helpdesk: 601-576-4650, [email protected]. |
| mslegalservices.org | Statewide legal information site with a directory-by-service-area lookup. Legal aid may not take estate administration matters, but it is the place to check eligibility. | https://www.mslegalservices.org/ |
| North Mississippi Rural Legal Services | Mapped provider for Bolivar County through the Clarksdale office. It may not handle probate representation, but eligible families can ask about available help. | 1-800-898-8731. Call center hours are Monday through Thursday, 9:30 a.m. to 3:30 p.m. |
When to hire an attorney
In a Mississippi full estate, counsel is a rule, not a convenience. Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire term of the appointment, and the chancellor fixes fees. The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 is the counterweight because it is not a court filing and does not create a fiduciary appointment. A Bolivar County family that cannot afford counsel should check eligibility through North Mississippi Rural Legal Services at 1-800-898-8731 and mslegalservices.org, understanding that estate administration may not be accepted. Sunset connects families to a vetted local probate attorney, which in Mississippi is the step the rules require for a court estate.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions, organizes the results, and helps families understand what belongs in the estate settlement plan before papers go to Rosedale or Cleveland.
Generate the probate packet. Sunset turns the family's information into an organized probate packet so the attorney has the will, asset list, debts, heirs, beneficiaries and filing details needed for the Bolivar County Chancery Court.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain an attorney for a Mississippi court estate, Sunset helps connect the family with a vetted probate attorney who can file in the right Bolivar County office.
Sunset is free for families. Sunset does not charge families for asset discovery, packet generation or attorney matching, so the family can move through estate settlement with a clearer next step.
Frequently asked questions
Where do I file probate in Bolivar County?
File with the Bolivar County Chancery Clerk, not another court office. Bolivar County has two judicial districts: the First Judicial District office in Rosedale and the Second Judicial District office in Cleveland. Call the chancery clerk before filing to ask which office should receive the estate papers. Probate belongs in chancery court under Miss. Const. art. 6, § 159, and venue for a will starts with the county of the decedent's fixed place of residence under Miss. Code Ann. § 91-7-1.
Which Bolivar County office do I file in, Rosedale or Cleveland?
Ask the Bolivar County Chancery Clerk before filing. Chancery court is held in both Bolivar County judicial districts under Miss. Code Ann. § 9-5-3(1), but the available local information does not publish a boundary rule for estate filings. Do not assume that the mailing city alone answers the question.
Should I go to the Bolivar County Chancery Clerk or the Circuit Clerk?
Go to the Bolivar County Chancery Clerk for an estate filing. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court. For Bolivar County, contact the chancery clerk in Rosedale or Cleveland. The chancery court's authority comes from Miss. Const. art. 6, § 159.
How much does it cost to open an estate in Bolivar County?
Bolivar County does not publish a separate estate filing total for either office. Miss. Code Ann. § 25-7-9, in the text effective until December 31, 2027, sets a $85.00 estate fee, plus $10.00, $40.00 and $5.00 statutory assessments, for a $140.00 floor. Call the chancery clerk to confirm the current amount and acceptable payment method before filing.
Do I need an attorney for a Bolivar County estate?
Yes for a full court estate unless the fiduciary is a Mississippi-licensed lawyer. Uniform Chancery Court Rule 6.02 requires a fiduciary, including an executor or administrator, to retain an attorney for the appointment. The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 is different because it is presented to the property holder and is not opened as a court estate.
Can I file a Bolivar County estate electronically?
The opening papers are presented conventionally on paper at the chancery clerk's counter. Attorneys then file through MEC, Mississippi Electronic Courts, and PAMEC provides read-only public access at courts.ms.gov/mec. A self-represented party may have read-only PAMEC access but may not file electronically.
How do I look up a Bolivar County chancery case?
Use MEC and PAMEC at courts.ms.gov/mec for chancery case access. Remote access requires a registered PAMEC account and fees may apply. The public may view filed civil documents for free at the chancery clerk's office during regular business hours. The clerk's online land search is not the estate case lookup.
Does Bolivar County have local probate forms?
Bolivar County publishes no probate form, small estate affidavit form or probate instruction sheet of its own. Mississippi uses a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, while the petition for a court estate is drafted by the attorney required under UCCR 6.02.
Will I have to travel to Rosedale or Cleveland for a hearing?
Ask the Bolivar County Chancery Clerk when the case is filed. Whether a phone or video appearance is allowed depends on the chancellor, Miss. Const. art. 6, § 159, and 7th Chancery Court District practice. The district's annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2).
What should I send with a Bolivar County probate filing?
For a court estate, the attorney typically prepares the petition, attaches a copy of the will when a will is being probated under UCCR 6.15, includes the Chancery Clerk Cover Sheet and provides the court cost deposit under UCCR 9.01 and Miss. Code Ann. § 25-7-9. The original will is kept by the clerk under UCCR 9.03.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.