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Choctaw County, MS Probate Information
Quick facts
| Topic | Choctaw County information |
|---|---|
| Court | Choctaw County Chancery Court (Miss. Const. art. 6, § 159). |
| Probate filings go to | Choctaw County Chancery Clerk, Ackerman. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court. |
| Courthouse city | Ackerman. Call the clerk before visiting to confirm the correct counter and current hours. |
| Mailing address | P.O. Box 250, Ackerman, MS 39735. |
| Phone | (662) 285-6329. |
| Fax | (662) 285-3444. |
| Hours | Counter hours are not posted for online users. Call (662) 285-6329 before visiting, especially near a filing deadline. |
| Chancery court district | Mississippi's 6th Chancery Court District. The district assigns chancellors; it does not move a Choctaw County estate filing out of Ackerman. |
| Filing fee | Choctaw County does not post a separate estate total for online users. Under the current text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 lists an estate of deceased at $85.00, plus $10.00, $40.00 and $5.00 statutory assessments, for a $140.00 floor. Confirm the current total with the chancery clerk. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire appointment. The $75,000 amount for a small estate affidavit, effective July 1, 2020, applies under Miss. Code Ann. § 91-7-322 and that affidavit is not a court filing. |
| Local forms | Choctaw County does not post a local probate form or instruction sheet for online users. Use the statewide chancery clerk cover sheet and the petition prepared by the attorney required by UCCR 6.02. |
| E-filing status | Attorneys file through Mississippi Electronic Courts after the case is opened. A self-represented person may have read-only PAMEC access but does not file electronically. Every estate starts with a paper filing at the chancery clerk's counter. Start at courts.ms.gov/mec. |
| Case search | Use MEC and PAMEC at courts.ms.gov/mec. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours; remote PAMEC access requires a registered account and fees may apply. |
| Remote appearance | Ask the Choctaw County Chancery Clerk. Phone or video attendance is set by the chancellor and 6th Chancery Court District practice. |
| Website | Choctaw County does not provide a county chancery filing page for online users. Use the phone and mailing address above. |
Before you begin — know the assets and liabilities
Before you choose a Choctaw County estate settlement path, make a practical inventory of the assets, debts, beneficiary designations, joint ownership and whether there is an original will. The right next step can be very different for a bank account, a co-owned home, a will that devises Mississippi real property or a full estate that needs letters.
Sunset helps families start estate settlement by searching across more than 2,300 financial institutions for accounts and assets, then organizing what is found so the attorney and the Choctaw County Chancery Clerk can see what the estate actually includes.
Which court handles jurisdiction
Probate for Choctaw County is filed with the Choctaw County Chancery Clerk in Ackerman. Chancery court is held in every Mississippi county (Miss. Code Ann. § 9-5-3(1)), and Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159).
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 land is devised in the will, the county where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration are granted by the chancery court of the county where the person had a fixed place of residence, then where the person owned land, then where the person died, depending on the facts (Miss. Code Ann. § 91-7-63).
Choctaw County is in Mississippi's 6th Chancery Court District with Attala, Carroll, Kemper, Neshoba and Winston counties. That district structure affects chancellor assignment and term orders, not the filing counter. A Choctaw County estate filing stays in Ackerman.
The jurisdiction process
- Gather the death certificate, the original will if one exists, asset information, debts and the names and addresses of interested family members.
- Choose the path. If the whole probate estate is $75,000 or less, excluding liens and encumbrances, and 30 days have passed, effective July 1, 2020, a successor may use the small estate affidavit under Miss. Code Ann. § 91-7-322 by presenting it to the bank, employer or other holder. If there is a will devising Mississippi real property and the statutory conditions are met, muniment of title may fit under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- For full administration or a court petition, retain counsel. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire appointment.
- 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 the paper opening documents with the Choctaw County Chancery Clerk in Ackerman, include the chancery clerk cover sheet, and pay the court cost deposit. Under the current text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 lists an estate of deceased at $85.00, plus $10.00, $40.00 and $5.00 statutory assessments, for a $140.00 floor. The original will stays with the clerk (UCCR 9.03).
- The chancery court, or the chancery clerk acting between court 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 action is not final until approved by the court (Miss. Code Ann. § 9-5-147).
- Address bond if the court or clerk requires it under Miss. Code Ann. § 91-7-41.
- 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 notice to creditors for three consecutive weeks as required by 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 proper debts and taxes, handle any required accounting, distribute under the will or law, and seek the final decree of distribution and discharge from the chancery court.
Forms and documents
Probate forms in Choctaw County
Choctaw County does not post a local probate form, small estate affidavit form or decedent-estate instruction sheet for online users. Families should call the Choctaw County Chancery Clerk at (662) 285-6329 before mailing or bringing papers to Ackerman.
Mississippi provides a statewide chancery clerk cover sheet and the Uniform Chancery Court Rules, but not a ready-to-file decedent-estate packet. In a full estate, the petition is drafted by the attorney required by UCCR 6.02, and a petition to probate a will must attach a copy of the will as an exhibit (UCCR 6.15).
The $75,000 small estate affidavit amount, effective July 1, 2020, comes from Miss. Code Ann. § 91-7-322. That affidavit is presented to the person or institution holding personal property. It is not a Choctaw County court form and it is not filed with the chancery clerk.
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | Every Mississippi chancery court, including Choctaw County's, was on Mississippi Electronic Courts. The statewide trial-court rollout was completed June 30, 2025. MEC and PAMEC information starts at courts.ms.gov/mec. |
| July 1, 2020 | The small estate affidavit amount became $75,000, effective July 1, 2020, 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 Rule 6.02 governing a fiduciary's attorney requirement. |
| January 1, 2026 | North Mississippi Rural Legal Services and the other Mississippi legal-services provider moved to separate intake hotlines. Choctaw County is mapped to North Mississippi Rural Legal Services at 1-800-898-8731, with statewide legal aid information at mslegalservices.org. |
Scenarios
| Situation | Likely Choctaw County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed. If the home passes outside the estate and the remaining probate personal property is $75,000 or less, excluding liens and encumbrances, effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 may handle the remaining personal property without a court filing. 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 path, filed with the Choctaw County Chancery Clerk. | Sunset helps identify accounts, flag beneficiary or joint-owner issues and organize documents for the Mississippi attorney who reviews the title path. |
| 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, effective July 1, 2020, the affidavit under Miss. Code Ann. § 91-7-322 is presented to the holder and is not filed in Ackerman. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02, and the opening filing is made on paper with the Choctaw County Chancery Clerk. | Sunset helps determine whether letters are actually needed, prepares an organized estate settlement file and connects the family with counsel who can file locally. |
| Parent settling a predeceased child's estate, home must be sold | The small estate affidavit under Miss. Code Ann. § 91-7-322 cannot transfer the house, even though the $75,000 amount is effective July 1, 2020. If there is a will and debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may fit. Otherwise, a full estate is filed with the Choctaw County Chancery Clerk, with counsel retained under UCCR 6.02. The chancellor fixes fiduciary compensation and attorney fees under Miss. Code Ann. § 91-7-299, and fees may not be based on the value of real property under UCCR 6.12(B). | Sunset helps find accounts and debts, assemble the packet for counsel and coordinate next steps for estate settlement before the sale process begins. |
Self-help resources
| Resource | How it helps Choctaw County families | Contact |
|---|---|---|
| Choctaw County Chancery Clerk | Receives paper estate filings for the Choctaw County Chancery Court, maintains the file and can confirm counter hours, current costs and mailing instructions. The clerk cannot provide legal advice. | P.O. Box 250, Ackerman, MS 39735. Phone: (662) 285-6329. Fax: (662) 285-3444. |
| Mississippi Judiciary chancery court page | State judiciary page for chancery courts, including statewide chancery resources and the chancery clerk cover sheet link. | courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules governing Mississippi fiduciary matters, including UCCR 6.02 on attorney representation and the rules for sworn fiduciary filings. | courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | MEC is the attorney filing system and PAMEC is the public read-only access system. Free viewing is available at the clerk's office during regular business hours, and remote access starts at courts.ms.gov/mec. | courts.ms.gov/mec. Helpdesk: 601-576-4650, [email protected]. |
| mslegalservices.org | Statewide legal aid information and a directory-by-service-area lookup. It is a place to check eligibility, not a promise that estate administration will be accepted. | mslegalservices.org |
| North Mississippi Rural Legal Services | Mapped provider for Choctaw County through the West Point office service area. Call to check eligibility. NMRLS states its intake line is open Monday to Thursday, 9:30 to 3:30. | 1-800-898-8731. |
| NMRLS Heirs' Property Program | Program focused on heirs' property issues involving unclear title to inherited land or real estate. It should not be treated as a promise of probate representation. | nmrls.com/heirs-property-program. Phone: 1-800-498-1804. |
When to hire an attorney
In Mississippi, this is a rule rather than a preference: Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or firm of attorneys for the entire term of the appointment, and the chancellor fixes the attorney's fee. The counterweight is the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, which is not a court filing and does not require appointment of a fiduciary. A Choctaw County family that cannot afford counsel should check eligibility with North Mississippi Rural Legal Services at 1-800-898-8731 and use mslegalservices.org, while understanding that estate administration may not be accepted. 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 financial institutions to help identify accounts, balances and insurance or retirement assets that may affect Choctaw County estate settlement.
Generate the probate packet. Sunset organizes the family information, asset list, debts, will details and contact information into a packet that can be shared with the Mississippi attorney preparing the chancery filing.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain counsel for a full estate, Sunset helps connect families with a vetted Mississippi probate attorney who can file with the Choctaw County Chancery Clerk.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, including asset discovery, document organization and attorney matching.
Frequently asked questions
Where do I file a Choctaw County estate?
File with the Choctaw County Chancery Clerk in Ackerman. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159), and Choctaw County filings stay in Choctaw County even though the county is part of the 6th Chancery Court District.
Is Choctaw County probate handled by the circuit clerk?
No. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court. For Choctaw County, use the Choctaw County Chancery Clerk.
What does it cost to open an estate in Choctaw County?
Choctaw County does not post a separate estate total for online users. Under the current text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 lists an estate of deceased at $85.00, plus $10.00, $40.00 and $5.00 statutory assessments, for a $140.00 floor. Call the chancery clerk at (662) 285-6329 for the current amount before filing.
What are the Choctaw County Chancery Clerk's hours?
The clerk's online resources do not give counter hours for estate filings. Call (662) 285-6329 before going to Ackerman, especially if a deadline is close.
Do I need a lawyer for a Choctaw County estate?
For a full estate, yes. Uniform Chancery Court Rule 6.02 requires a fiduciary, unless licensed to practice law in Mississippi, to retain an attorney during the appointment. The $75,000 small estate affidavit amount, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is different because that affidavit is presented to the property holder and is not a court filing.
Can an attorney file electronically in Choctaw County?
Attorneys file through Mississippi Electronic Courts after the case is opened, and MEC information is at courts.ms.gov/mec. A self-represented person may have read-only PAMEC access but does not file electronically. The opening estate filing is made on paper with the chancery clerk.
How do I look up a Choctaw County estate case?
Start with MEC and PAMEC at courts.ms.gov/mec. Remote access requires a registered PAMEC account and fees may apply. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours.
Does Choctaw County have local probate forms?
Choctaw County does not post a local probate form or instruction sheet for online users. Use the statewide chancery clerk cover sheet, and for a full estate, the attorney required by UCCR 6.02 prepares the petition.
Will I have to travel to Ackerman for a hearing?
That depends on the chancellor's direction and 6th Chancery Court District practice. Ask the Choctaw County Chancery Clerk at (662) 285-6329 whether phone or video attendance can be requested for the specific setting.
What should I send with a mailed Choctaw County filing?
Ask the chancery clerk before mailing. In general, the attorney will prepare the petition and cover sheet, and the original will must be handled carefully because original wills are 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.