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Calhoun County, MS Probate Information
Quick facts
| Item | Calhoun County information |
|---|---|
| Court | Calhoun County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Calhoun County Chancery Clerk, Calhoun County Courthouse, 103 West Main Street, Pittsboro, MS 38951. |
| Mailing address | P.O. Box 8, Pittsboro, MS 38951. |
| Phone | 662-412-3117. |
| Fax | 662-412-3111. |
| Hours | Monday through Friday, 8 am to 5 pm. No lunch closure or filing cutoff is posted, so call before bringing a time-sensitive filing. |
| Filing fee | Calhoun County does not post a county estate fee total. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor for opening an estate includes $85.00 for the chancery clerk, $10.00 for the Comprehensive Electronic Court Systems Fund, $40.00 for the Judicial System Operation Fund and $5.00 for the Civil Legal Assistance Fund, totaling $140.00. Confirm the current deposit with the chancery clerk. |
| 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 effective July 1, 2020 (Miss. Code Ann. § 91-7-322) is presented to the holder of personal property and needs no court filing and no attorney. |
| Local forms | The statewide chancery clerk cover sheet should be included. Calhoun County does not post a local probate form packet, estate instruction sheet or small estate affidavit form on its live records portal. |
| E-filing | Attorneys file later documents through Mississippi Electronic Courts, MEC, but an estate case is opened with a paper filing at the chancery clerk's counter. A person without a lawyer may have read-only PAMEC access but may not file electronically. MEC information is at https://courts.ms.gov/mec/mec.php. |
| Case search | Use MEC and PAMEC at https://courts.ms.gov/mec/mec.php for court records. Remote PAMEC access requires a registered account and applicable fees; filed civil documents can be viewed without that remote account at the chancery clerk's office during regular business hours. Calhoun's http://calhouncoms.com/ site is a land records index, not an estate case lookup. |
| Remote appearance | Ask the Calhoun County Chancery Clerk and the assigned attorney. Remote attendance is set by the chancellor and local practice; the 18th Chancery Court District term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Website | http://calhouncoms.com/, currently a Calhoun County Chancery Records Online land records portal with the chancery clerk contact block. |
Before you begin — know the assets and liabilities
Before you decide whether to open a Calhoun County estate, list the decedent's accounts, real estate, vehicles, debts, beneficiary designations and jointly owned property. The right estate settlement path depends on whether the family needs letters testamentary or letters of administration, whether a will controls Mississippi real property and whether any property can be collected without a court case.
Sunset's 2,300-institution asset discovery helps families find accounts and debts before the attorney drafts a petition or before a successor presents a small estate affidavit under Miss. Code Ann. § 91-7-322. That front-end work can prevent a Calhoun County estate settlement from being opened when a non-court route is enough.
Which court handles jurisdiction
File a Calhoun County estate at the Calhoun County Courthouse in Pittsboro with the Calhoun County Chancery Clerk. Chancery court is held in each Mississippi county (Miss. Code Ann. § 9-5-3(1)), and probate jurisdiction belongs to the chancery court (Miss. Const. art. 6, § 159).
For a will, the venue rule uses the county where the testator had a fixed place of residence; if there was no fixed place of residence and the will devises land, the case is filed where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, the venue ladder is different: fixed place of residence, then county where the decedent owned land, then county where the decedent died (Miss. Code Ann. § 91-7-63).
Calhoun County sits in Mississippi's 18th Chancery Court District with Benton, Lafayette, Marshall and Tippah counties. That district groups chancellors and court terms; it does not send a Calhoun County filing to another county.
The jurisdiction process
- Gather the death certificate, the original will if one exists, account information, deeds, vehicle titles, debts and beneficiary information.
- Choose the path. If the entire probate estate is $75,000 or less, excluding liens and encumbrances, and 30 days have passed, a successor may present a small estate affidavit to the holder of personal property instead of opening a court case (Miss. Code Ann. § 91-7-322, effective July 1, 2020). If there is a will that devises Mississippi real property, all known debts are paid and the non-real, non-exempt probate estate fits the figure cross-referenced in Miss. Code Ann. § 91-7-322, the attorney may consider muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- For full administration, the proposed executor or administrator must retain an attorney unless that fiduciary is licensed to practice law in Mississippi (UCCR 6.02).
- The attorney prepares the petition. A petition to probate a will must attach a copy of the will as an exhibit (UCCR 6.15), and pleadings, accounts, inventories and reports filed by a fiduciary must be personally signed and sworn by the fiduciary (UCCR 6.14).
- File on paper at the Calhoun County Chancery Clerk's counter in Pittsboro with the chancery clerk cover sheet and the court cost deposit. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor for opening an estate totals $140.00 from the $85.00 clerk fee, $10.00, $40.00 and $5.00 statutory assessments. The original will stays with the clerk (UCCR 9.03).
- The chancery court, or the chancery clerk acting between terms subject to court approval, may admit the will in common form and grant letters testamentary or letters of administration (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141). The clerk's act is not final until approved by the court (Miss. Code Ann. § 9-5-147).
- Post bond if required by the court or clerk under Miss. Code Ann. § 91-7-41.
- 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 (Miss. Code Ann. § 91-7-145).
- Creditors must probate and register claims with the clerk within 90 days after the first publication of notice, or the claims are barred (Miss. Code Ann. § 91-7-151).
- The personal representative gathers assets, pays allowed debts and taxes, accounts to the court, requests distribution and seeks a final decree of distribution and discharge.
Forms and documents
Probate forms in Calhoun County
Calhoun County does not post a local probate packet, estate instruction sheet or small estate affidavit form on the live chancery records portal. The Mississippi Judiciary links a statewide chancery clerk cover sheet, and the Uniform Chancery Court Rules set required content rather than supplying a ready-made Calhoun estate packet.
For a full estate, the petition is drafted by the attorney required under UCCR 6.02. A will petition must include a copy of the will as an exhibit (UCCR 6.15), and fiduciary filings must be personally signed and sworn by the fiduciary (UCCR 6.14).
Recent updates
| Change | What it means in Calhoun County |
|---|---|
| MEC completion | All Mississippi chancery courts, including Calhoun County Chancery Court, have been on MEC since June 19, 2023, and the statewide trial-court rollout finished June 30, 2025. MEC and PAMEC information is at https://courts.ms.gov/mec/mec.php. |
| Small estate and muniment changes | Effective July 1, 2020, the small estate affidavit figure became $75,000 under Miss. Code Ann. § 91-7-322, and muniment of title was rewritten under Miss. Code Ann. § 91-5-35. |
| Uniform Chancery Court Rules | The Uniform Chancery Court Rules were revised and amended effective April 18, 2024, including the fiduciary attorney requirement in UCCR 6.02. |
| North Mississippi Rural Legal Services intake | North Mississippi Rural Legal Services, the mapped provider for Calhoun County, uses 1-800-898-8731 for intake as of the January 1, 2026 separate-hotline change. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Calhoun County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking how the home is titled and whether beneficiary designations or joint ownership keep assets outside probate. If the house passes outside the estate and the remaining probate personal property qualifies, the spouse may use the $75,000 small estate affidavit effective July 1, 2020 (Miss. Code Ann. § 91-7-322). If a will devises the home, all known debts are paid and the other probate property fits the statutory figure, muniment of title may be considered (Miss. Code Ann. § 91-5-35). | Sunset identifies accounts, flags beneficiary assets and helps prepare the attorney handoff for a Calhoun County estate settlement. |
| Out-of-state adult child w/ small estate | If 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, the child may present a small estate affidavit to the bank or other holder of personal property without opening a Calhoun County court case (Miss. Code Ann. § 91-7-322). If letters are needed, the fiduciary must retain an attorney under UCCR 6.02 and should ask the chancery clerk about local appearance practice. | Sunset helps collect asset information remotely, generate the packet for attorney review and connect the child with Calhoun County counsel. |
| Parent settling predeceased child's estate, home must be sold | The small estate affidavit cannot transfer the house. If there is a will and the debts are paid, the attorney may evaluate muniment of title under Miss. Code Ann. § 91-5-35. Without that route, the parent usually needs full administration in the Calhoun County Chancery Court, with letters granted under Miss. Code Ann. § 9-5-141 subject to approval under Miss. Code Ann. § 9-5-147. The chancellor fixes fiduciary and attorney compensation, and fees may not be based on real property value (Miss. Const. art. 6, § 159; Miss. Code Ann. § 91-7-299; UCCR 6.12(B)). | Sunset organizes the asset picture, prepares the estate settlement materials and connects the parent to a vetted Mississippi probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Calhoun County Chancery Clerk | Accepts Calhoun County estate filings, keeps the original will and provides current filing deposit, hours and local scheduling information. The clerk cannot provide legal advice. | Calhoun County Courthouse, 103 West Main Street, Pittsboro, MS 38951. Phone 662-412-3117. Fax 662-412-3111. Mailing address P.O. Box 8, Pittsboro, MS 38951. |
| Calhoun County Chancery Records Online | Provides the chancery clerk contact block and land records index. It is not an estate case search. | http://calhouncoms.com/ |
| North Mississippi Rural Legal Services | Calhoun County is mapped to the Oxford office area. Families who cannot afford counsel can check eligibility, but the provider may not take estate-administration matters. Its heirs' property program may be relevant when land title is unclear. | 1-800-898-8731. Intake hours are Monday through Thursday, 9:30 am to 3:30 pm. See mslegalservices.org for the service-area directory. |
| mslegalservices.org | Statewide legal information site maintained by Mississippi's civil legal services providers, with topic materials, online forms and a service-area directory. | https://www.mslegalservices.org/find-legal-help/directory/area |
| Mississippi Judiciary chancery court page | Links chancery court information and the statewide chancery clerk cover sheet. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules governing fiduciary matters, including the attorney requirement, sworn fiduciary filings, will exhibits, accounts and safekeeping of original wills. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Attorneys file through MEC after the paper opening. Remote PAMEC access requires a registered account and applicable fees, while filed civil documents can be viewed at the chancery clerk's office during regular business hours. | https://courts.ms.gov/mec/mec.php |
When to hire an attorney
In a full Mississippi estate, 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 the attorney's fee (Miss. Const. art. 6, § 159; UCCR 6.02). The practical exception is not a court exception: the $75,000 small estate affidavit effective July 1, 2020 is presented to the property holder and is not a court filing (Miss. Code Ann. § 91-7-322). A Calhoun County family that cannot afford counsel should check eligibility with North Mississippi Rural Legal Services at 1-800-898-8731 and through mslegalservices.org, while understanding that legal aid may not take estate matters. Sunset connects the family to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, investments, insurance, retirement accounts, debts and other assets before the Calhoun County estate settlement path is chosen.
Generate the probate packet. Sunset organizes family information, asset details and court-ready summaries so the Mississippi attorney required by UCCR 6.02 can draft the Calhoun County petition and related filings more efficiently.
Find a local probate attorney. Mississippi full administration requires an attorney for the fiduciary unless the fiduciary is a Mississippi-licensed lawyer. Sunset connects families with vetted local counsel familiar with chancery practice.
Sunset is free for families. Families can use Sunset to understand assets, prepare for the attorney conversation and move the estate settlement forward without paying Sunset fees.
Frequently asked questions
Where do I file probate for someone who lived in Calhoun County?
File at the Calhoun County Courthouse in Pittsboro with the Calhoun County Chancery Clerk. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). For a will, venue is generally the county where the testator had a fixed place of residence (Miss. Code Ann. § 91-7-1).
What is the Calhoun County Chancery Clerk phone number?
Call 662-412-3117. The mailing address is P.O. Box 8, Pittsboro, MS 38951, and the fax number is 662-412-3111.
Can I e-file a Calhoun County estate case?
An estate case is opened by paper filing at the chancery clerk's counter. Attorneys file later documents through MEC, and a person without a lawyer may have read-only PAMEC access but may not file electronically. MEC and PAMEC information is at https://courts.ms.gov/mec/mec.php.
How do I look up a Calhoun County estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote access requires a registered PAMEC account and applicable fees. The public can also view filed civil documents at the chancery clerk's office during regular business hours. The Calhoun online records portal is for land records, not estate case lookup.
Does Calhoun County have its own probate forms?
Calhoun County does not post a local estate packet or small estate affidavit form on its live records portal. Use the statewide chancery clerk cover sheet and have the petition drafted by the attorney required for a full estate under UCCR 6.02.
What does it cost to open an estate in Calhoun County?
Calhoun County does not post a county estate fee total. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor is $140.00, made up of $85.00, $10.00, $40.00 and $5.00 components. Call the chancery clerk before filing because the clerk may require the current deposit and actual publication or service costs.
Can a small Calhoun County estate avoid a court filing?
Yes, if the requirements are met. After 30 days, a successor may present a small estate affidavit to the bank, employer or other holder of personal property when the entire probate estate is $75,000 or less, excluding liens and encumbrances, effective July 1, 2020 (Miss. Code Ann. § 91-7-322). That affidavit is not filed with the court.
Do I have to travel to Pittsboro for a Calhoun County probate hearing?
Do not assume the answer either way. Hearing and remote attendance practice is set by the chancellor and the 18th Chancery Court District's term order, which is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). Ask your attorney or the chancery clerk before making travel plans.
Can the chancery clerk grant letters in Calhoun County?
Mississippi law allows the chancery clerk to admit a will in common form and grant letters testamentary or letters of administration (Miss. Code Ann. § 9-5-141). The clerk's act is subject to the court's approval and is not final until approved by the court (Miss. Code Ann. § 9-5-147).
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.