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Carroll County, MS Probate Information
Quick facts
| Topic | Carroll County information |
|---|---|
| Court | Carroll County Chancery Court. Mississippi gives chancery courts jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Carroll County Chancery Clerk. The county has two judicial districts, so call the clerk to confirm whether Carrollton or Vaiden is the correct office for the filing. |
| First Judicial District office | Carrollton office. Mailing address: P.O. Box 60, Carrollton, MS 38917. Phone: (662) 237-9274. Fax: (662) 237-9642. Street address for travel should be confirmed with the clerk before visiting. |
| Second Judicial District office | Vaiden office. Mailing address: P.O. Box 6, Vaiden, MS 39176. Phone: (662) 464-5476. Fax: (662) 464-5407. Street address for travel should be confirmed with the clerk before visiting. |
| Hours | Call before travelling. Carroll County's public officials listing gives contact information but does not post counter hours. A legal-industry directory lists different weekday hours for the two offices, so confirm current hours and any filing cutoff by phone. |
| Filing fee | Carroll County does not post a county-specific estate fee table on its public county site. Miss. Code Ann. § 25-7-9, current text effective until December 31, 2027, sets the chancery clerk's fee for opening an estate 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. Counties may publish totals above that $140.00 statutory floor, so confirm the current deposit with the clerk before filing. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney during the appointment. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is presented to the holder of personal property and does not create a court fiduciary appointment. |
| E-filing | Attorneys file through Mississippi Electronic Courts. A person without an attorney may have read-only PAMEC access, but estate cases begin with a paper filing at the chancery clerk's counter. MEC and PAMEC information is at https://courts.ms.gov/mec/mec.php. |
| Case search | MEC and PAMEC are the access points. Remote access requires a PAMEC account, and free viewing is available at the chancery clerk's office during regular business hours. Start at https://courts.ms.gov/mec/mec.php. |
| Local forms | Carroll County does not post a county-specific probate packet on its public county site. Use the statewide chancery clerk cover sheet linked from the Mississippi Judiciary's chancery court page, and have the petition prepared for the case. |
| Remote appearance | Ask the Carroll County Chancery Clerk whether the chancellor will allow phone or video participation. Mississippi chancery court terms are set by district order, and Carroll County's district term order is the local scheduling reference (Miss. Const. art. 6, § 159; Miss. Code Ann. § 9-5-3). |
| Website | County officials directory: https://carrollcountyms.org/county-officials/. |
Before you begin — know the assets and liabilities
Before you choose a Carroll County filing path, make a practical inventory of what the person owned, what was jointly owned, what named a beneficiary, and what debts or final bills remain. That asset map determines whether the estate settlement needs a court filing in Carroll County or can use a non-court transfer process.
Sunset's 2,300-institution asset discovery helps families look for bank accounts, investment accounts, insurance, retirement assets and other property before a petition is prepared. In a two-courthouse county like Carroll, doing that work first also helps the attorney and the clerk route the matter correctly.
Which court handles jurisdiction
Probate for Carroll County is handled in the Carroll County Chancery Court, with chancery clerk offices in Carrollton and Vaiden. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court (Miss. Const. art. 6, § 159; Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 91-7-63).
For a will, venue is 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, the county where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, the venue ladder differs: fixed place of residence, then county where the intestate owned land, then county where the intestate died (Miss. Code Ann. § 91-7-63).
Carroll County is in Mississippi's 6th Chancery Court District with Attala, Choctaw, Kemper, Neshoba and Winston counties. That district assigns chancellors, but the Carroll County case is filed in Carroll County. Because Carroll County has two judicial districts, call the chancery clerk before mailing or delivering an estate filing to confirm whether the Carrollton or Vaiden office is currently taking the filing.
The jurisdiction process
- Gather the death certificate, the original will if there is one, deed information, account information, debts, beneficiary designations and any prior estate papers.
- Choose the route. A $75,000 small estate affidavit, effective July 1, 2020, may be used for qualifying personal property after 30 days and is presented to the bank, employer or other holder rather than opened as a court case (Miss. Code Ann. § 91-7-322). A muniment of title may fit a will and Mississippi real property when the statutory requirements are met (Miss. Code Ann. § 91-5-35). Otherwise, use full administration in the Carroll County Chancery Court (Miss. Const. art. 6, § 159).
- For full administration, 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 entire appointment.
- The attorney prepares the petition. A petition to probate a will must attach a copy of the will as an exhibit, and fiduciary pleadings are personally signed and sworn as the Uniform Chancery Court Rules require (UCCR 6.15; UCCR 6.14).
- Call the Carroll County Chancery Clerk to confirm whether to use the Carrollton or Vaiden office, the current counter hours, the street address for travel, and the court cost deposit. File the opening papers on paper with the chancery clerk cover sheet and the required deposit (UCCR 9.01; Miss. Code Ann. § 25-7-9).
- Deliver the original will to the clerk when a will is being offered. The clerk keeps original wills in the clerk's custody unless the chancellor orders otherwise (UCCR 9.03; Miss. Const. art. 6, § 159).
- The chancery court, or the chancery clerk in vacation subject to court approval, admits the will in common form and grants letters testamentary or grants letters of administration. The clerk's acts are not final until approved by the court (Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 91-7-63; Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147).
- After appointment, the executor or administrator follows any bond order, gathers assets, protects property and works with counsel on creditor notice. The executor or administrator makes reasonably diligent efforts to identify creditors, mails required notices, files the diligent-search affidavit, and then publishes notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-41; 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 (Miss. Code Ann. § 91-7-151).
- Administer the estate, pay allowed claims and taxes, sell or transfer property as authorized, prepare any required accounting, and request a final decree of distribution and discharge from the chancery court (Miss. Const. art. 6, § 159).
Forms and documents
Probate forms in Carroll County
Carroll County does not post a county-specific probate packet or local small estate affidavit on its public county site. The Mississippi Judiciary provides a statewide chancery clerk cover sheet through its chancery court page, and the Uniform Chancery Court Rules state what petitions, sworn fiduciary filings and will exhibits must include.
In a full Carroll County estate, the petition is drafted for the facts of the case by the attorney required under UCCR 6.02. Before filing, call the chancery clerk to confirm whether the Carrollton or Vaiden office should receive the paper filing and whether any local cover sheet practice has changed.
Local nuance
Carroll County-specific considerations
| Local point | What it means for Carroll County |
|---|---|
| Two courthouse offices | Carroll County has two judicial districts, with chancery clerk offices in Carrollton and Vaiden. Because no Mississippi statute was identified that makes a judicial district the probate venue unit, do not assume the correct filing office from the address alone. Call the clerk before mailing or travelling. |
| Street addresses for travel | The county officials listing gives P.O. Boxes, phones and faxes for both offices but not a confirmed street address. Use the phone numbers in this page to confirm the travel address for Carrollton or Vaiden before visiting. |
| Different office hours may apply | A legal-industry directory lists different weekday hours for the Carrollton and Vaiden offices, while the county officials listing does not post public hours. Call the office you plan to use before travelling, especially if you need to file near closing time. |
| No local fee table on the public county site | Use Miss. Code Ann. § 25-7-9 as the statutory fee anchor and call the chancery clerk for the current deposit. Do not assume another Mississippi county's published estate total applies in Carroll County. |
Recent updates
| Date | Update |
|---|---|
| June 30, 2025 | Mississippi announced completion of statewide electronic filing and case management. All chancery courts had already been implemented in MEC as of June 19, 2023. MEC information is at https://courts.ms.gov/mec/mec.php. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the fiduciary rules that govern Mississippi estate practice and the attorney requirement in UCCR 6.02. |
| January 1, 2026 | North Mississippi Rural Legal Services and Mississippi Center for Legal Services use separate intake hotline numbers: 1-800-898-8731 and 1-800-519-2915. Carroll County is served by North Mississippi Rural Legal Services, and information is available through mslegalservices.org. |
| July 1, 2020 | The small estate affidavit amount became $75,000, effective July 1, 2020, and the muniment of title procedure was revised in the same act (Miss. Code Ann. § 91-7-322; Miss. Code Ann. § 91-5-35). |
Scenarios
| Scenario | Likely Carroll County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and beneficiary designations. If the home passes outside the estate and the remaining probate estate is qualifying personal property within $75,000, effective July 1, 2020, the affidavit under Miss. Code Ann. § 91-7-322 may settle the remaining assets by presenting it to the holder. If a will devises the home and all known debts are paid, muniment of title may be the court route, and the house itself is not counted against the statutory ceiling in that procedure (Miss. Code Ann. § 91-5-35). | Sunset helps identify accounts, review the asset picture and prepare the next estate settlement steps for the attorney or the non-court affidavit process. |
| Out-of-state adult child with a small estate | If 30 days have passed and the whole probate estate is $75,000 or less, effective July 1, 2020, in qualifying personal property, the Miss. Code Ann. § 91-7-322 affidavit is given to the bank, employer or other holder. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02, and the attorney should call the Carroll County Chancery Clerk about the Carrollton or Vaiden filing office. | Sunset organizes asset discovery, produces a probate packet for counsel, and helps the family avoid unnecessary travel when a non-court transfer route fits. |
| 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 the debts are paid, counsel may evaluate muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, full administration is filed in the Carroll County Chancery Court, with the correct local office confirmed by the clerk. The chancellor fixes fiduciary compensation and attorney fees, 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); UCCR 6.02). | Sunset helps locate financial accounts, build the estate settlement file, and connect the family with a Mississippi probate attorney for the required court process. |
Self-help resources
| Resource | How to use it in Carroll County |
|---|---|
| Carroll County Chancery Clerk, Carrollton | First Judicial District office. Mailing address: P.O. Box 60, Carrollton, MS 38917. Phone: (662) 237-9274. Fax: (662) 237-9642. Call to confirm the travel address, current hours and whether this office should receive the estate filing. |
| Carroll County Chancery Clerk, Vaiden | Second Judicial District office. Mailing address: P.O. Box 6, Vaiden, MS 39176. Phone: (662) 464-5476. Fax: (662) 464-5407. Call to confirm the travel address, current hours and whether this office should receive the estate filing. |
| Mississippi Judiciary chancery court page | Use https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php for Mississippi chancery court district information and the statewide chancery clerk cover sheet (Miss. Const. art. 6, § 159). |
| MEC and PAMEC | Use https://courts.ms.gov/mec/mec.php for Mississippi Electronic Courts and public access. Attorneys file through MEC. PAMEC provides read-only access, and free viewing is available at the chancery clerk's office during business hours. |
| mslegalservices.org | Use mslegalservices.org for public legal information and the service-area directory for Mississippi legal aid providers. It is a resource for checking eligibility, not a promise that an estate matter will be accepted. |
| North Mississippi Rural Legal Services | Carroll County is served through the West Point office. Intake hotline: 1-800-898-8731, Monday through Thursday, 9:30 a.m. to 3:30 p.m. Estate administration is not listed in its published service examples, so ask about eligibility and scope before relying on help. |
When to hire an attorney
In a Mississippi full estate, the attorney step is a rule. Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or law firm for advice, representation and assistance during the entire appointment, and the chancellor fixes attorney compensation (Miss. Const. art. 6, § 159; UCCR 6.02). The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is different because it is presented to the property holder and does not create a court fiduciary appointment. Carroll County families who cannot afford counsel should check eligibility through mslegalservices.org and North Mississippi Rural Legal Services at 1-800-898-8731, understanding that estate administration may not be accepted. Sunset connects 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 and other assets that may affect a Carroll County estate settlement.
Generate the probate packet. Sunset turns the asset and family information into an organized probate packet that a Mississippi attorney can use to prepare the Carroll County Chancery Court filing, or that helps confirm when the Miss. Code Ann. § 91-7-322 affidavit route is enough.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain counsel in a full Mississippi estate, Sunset helps families connect with a vetted attorney who understands Carroll County's two-office chancery clerk setup.
Sunset is free for families. Sunset is paid by its partner network, not by grieving families, so families can start the estate settlement process without paying Sunset.
Frequently asked questions
Where do I file probate in Carroll County, Mississippi?
File with the Carroll County Chancery Clerk in the Carroll County Chancery Court (Miss. Const. art. 6, § 159). Carroll County has two judicial districts, with offices in Carrollton and Vaiden, so call the clerk before mailing or travelling to confirm which office should receive the filing.
Does Carroll County have two probate filing locations?
Carroll County has two judicial districts and two chancery clerk offices: Carrollton for the First Judicial District and Vaiden for the Second Judicial District. No rule available for this page establishes the judicial district as the probate venue unit, so confirm the filing office with the clerk before submitting papers.
Can I e-file a Carroll County estate case?
Attorneys file through MEC, and information is at https://courts.ms.gov/mec/mec.php. A person without an attorney may have read-only PAMEC access, but a Mississippi estate case begins with a paper filing at the chancery clerk's counter.
Does Carroll County have local probate forms?
Carroll County does not post a county-specific probate packet on its public county site. Use the statewide chancery clerk cover sheet linked from the Mississippi Judiciary's chancery court page and have the petition drafted for the case under the Uniform Chancery Court Rules.
What is the filing fee for a Carroll County estate?
Carroll County does not post a county-specific estate fee table on its public county site. Miss. Code Ann. § 25-7-9, current text effective until December 31, 2027, sets the estate opening fee at $85.00 plus $10.00, $40.00 and $5.00 statutory assessments, for a $140.00 statutory floor. Call the chancery clerk for the current deposit before filing.
Can I use a small estate affidavit in Carroll County?
Yes, if the statewide requirements fit. The $75,000 small estate affidavit, effective July 1, 2020, applies after 30 days to qualifying personal property and is presented to the bank, employer or other holder, not opened as a court case (Miss. Code Ann. § 91-7-322).
Can I attend a Carroll County probate hearing by phone or video?
Ask the Carroll County Chancery Clerk and your attorney. Remote participation is controlled by the chancellor and local practice, and Carroll County's chancery term order is the scheduling reference for the district (Miss. Const. art. 6, § 159; Miss. Code Ann. § 9-5-3).
How do I look up a Carroll County estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote PAMEC access requires an account, while free viewing is available at the chancery clerk's office during regular business hours.
Do I have to travel to Carroll County to settle an estate?
It depends on the route. A qualifying $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is presented to the property holder. If a full estate is needed, UCCR 6.02 requires a fiduciary to retain a Mississippi attorney, and the attorney can help coordinate the paper filing with the Carroll County Chancery Clerk.
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.