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Claiborne County, MS Probate Information
Quick facts
| Topic | Claiborne County information |
|---|---|
| Court | Claiborne County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159. |
| Probate filings go to | Claiborne County Chancery Clerk, 601-437-4992. |
| Courthouse address | 401 Market Street, Port Gibson, MS 39150. |
| Mailing address | P.O. Box 449, Port Gibson, MS 39150. |
| Phone | 601-437-4992. |
| Fax | 601-437-3137. |
| [email protected]. | |
| Hours | Claiborne County does not publish chancery clerk counter hours on its website. Call 601-437-4992 before visiting, especially near a filing deadline. |
| Chancery court district | Mississippi's 17th Chancery Court District, shared with Adams, Jefferson and Wilkinson counties. The district assigns chancellors, but Claiborne County filings are made in Port Gibson. |
| Filing fee | Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor for opening an estate is $140.00, made up of the $85.00 estate filing fee, $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. Claiborne County does not publish a county total, so call the chancery clerk for the current amount 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 not a court filing and does not require an attorney. |
| Local forms | Claiborne County publishes no estate packet, small estate affidavit form or probate instruction sheet of its own. Mississippi provides a statewide chancery clerk cover sheet, and the attorney drafts the estate petition. |
| E-filing | Attorneys file through Mississippi Electronic Courts after the case is opened. A self-represented person may have read-only PAMEC access but may not file electronically. Every estate case opens with a paper filing at the chancery clerk's counter. See courts.ms.gov/mec. |
| Case search | MEC and PAMEC are the statewide route at courts.ms.gov/mec. Remote PAMEC access requires a registered account and fees may apply. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours. |
| Remote appearance | Ask the Claiborne County Chancery Clerk whether phone or video attendance may be approved for a particular hearing. The answer depends on the chancellor and 17th Chancery Court District practice. |
| Website | https://www.ccmsgov.us/chancery-clerk/ |
Before you begin — know the assets and liabilities
Before anyone opens a Claiborne County estate, list the assets, debts, title documents and beneficiary designations. That first inventory controls whether estate settlement can use the Mississippi small estate affidavit, a muniment of title petition, or a full administration in the Claiborne County Chancery Court.
Sunset searches across more than 2,300 financial institutions to help families find accounts, insurance, retirement assets and other property before they choose a filing path. That asset picture also helps the Mississippi attorney prepare the probate packet and avoid missing property that changes the estate settlement plan.
Which court handles jurisdiction
Probate for Claiborne County is filed with the Claiborne County Chancery Clerk at 401 Market Street in Port Gibson. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court.
For a will, Mississippi venue is the chancery court of the county where the testator had a fixed place of residence, and 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, letters of administration are granted by the chancery court of the county where the decedent had a fixed place of residence, then where the decedent owned land, then where the decedent died if there was no fixed place of residence and no land (Miss. Code Ann. § 91-7-63). Chancery court is held in every county (Miss. Code Ann. § 9-5-3(1)), and Mississippi chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159.
Claiborne County sits in Mississippi's 17th Chancery Court District with Adams, Jefferson and Wilkinson counties. That district structure affects chancellor assignment; it does not move a Claiborne County filing out of Port Gibson.
The jurisdiction process
- Gather the death certificate, the original will if there is one, deeds, account statements, debts and beneficiary information. The original will matters because original wills are kept in the clerk's custody unless a chancellor orders otherwise (UCCR 9.03).
- Choose the Mississippi route. If at least 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, the successor may present a small estate affidavit to the bank, employer or other holder of personal property without filing anything in Claiborne County Chancery Court (Miss. Code Ann. § 91-7-322). If the decedent left a will that devises Mississippi real property, all known debts are paid and the non-real, non-exempt probate estate is within the Miss. Code Ann. § 91-7-322 sum, the attorney may use muniment of title (Miss. Code Ann. § 91-5-35). Otherwise, use full administration.
- Retain an attorney for a full estate. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or firm of attorneys during the entire term of the 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 to by the fiduciary (UCCR 6.14).
- File on paper with the Claiborne County Chancery Clerk at 401 Market Street in Port Gibson. Include the chancery clerk cover sheet and the court cost deposit required by UCCR 9.01 and Miss. Code Ann. § 25-7-9. 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 clerk for the current county amount before filing.
- The chancery court, or the chancery clerk between terms, may admit a will to probate 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 subject to approval or disapproval by the court and is not final until approved by the court (Miss. Code Ann. § 9-5-147).
- Address oath and bond if required. Mississippi law states the executor's oath and requires a bond in the amount approved by the court or clerk (Miss. Code Ann. § 91-7-41).
- After appointment, 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 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, collect assets, pay allowed claims and taxes, account as required, distribute property under court authority and seek a final decree and discharge.
Forms and documents
Probate forms in Claiborne County
The Mississippi Judiciary provides a statewide chancery clerk cover sheet, and the Uniform Chancery Court Rules state what must be filed in estate matters. Mississippi does not use a statewide fill-in estate packet for Claiborne County. The petition is drafted by the attorney required for a full estate under Uniform Chancery Court Rule 6.02.
Claiborne County publishes no estate packet, no small estate affidavit form and no probate instruction sheet of its own. Its county forms page lists general county forms only. For a Claiborne County filing, ask the chancery clerk whether the current cover sheet and payment instructions have changed before your attorney files the paper petition in Port Gibson.
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including Claiborne County Chancery Court, were implemented in Mississippi Electronic Courts. The statewide trial-court rollout was completed on June 30, 2025. Attorneys use MEC, and public case access starts at courts.ms.gov/mec. |
| July 1, 2020 | The small estate affidavit amount became $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 rules that affect fiduciary filings and attorney representation. |
| January 1, 2026 | Mississippi's two civil legal aid providers moved to separate intake hotlines. Mississippi Center for Legal Services serves Claiborne County and uses 1-800-519-2915. The statewide legal aid lookup is at mslegalservices.org. |
Scenarios
| Situation | Likely Claiborne 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 estate is personal property of $75,000 or less after 30 days, excluding liens and encumbrances, the small estate affidavit is presented to the holder rather than filed in Port Gibson (Miss. Code Ann. § 91-7-322). If a will devises the home and all known debts are paid, muniment of title may be the filing route, and the home itself does not count against the ceiling (Miss. Code Ann. § 91-5-35). | Sunset helps identify accounts, debts and title clues so the family and attorney can decide whether estate settlement needs a court filing or a non-court affidavit. |
| 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 handed to the bank or other holder, not filed with the Claiborne County Chancery Clerk. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02, and the attorney files on paper in Port Gibson. | Sunset organizes the asset search and can connect the child with a Mississippi probate attorney, reducing unnecessary travel for estate settlement tasks that counsel can handle locally. |
| Parent settling a predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit does not transfer the house. If there is a will and the debts are paid, muniment of title may work (Miss. Code Ann. § 91-5-35). Otherwise, full administration is filed with the Claiborne County Chancery Clerk. The chancellor fixes fiduciary compensation and attorney fees, and fees may not be based on the value of real property (Miss. Code Ann. § 91-7-299, UCCR 6.12(B); Miss. Const. art. 6, § 159). | Sunset helps assemble asset information, flag real property issues and connect the parent to a vetted attorney for the court filing. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Claiborne County Chancery Clerk | Receives paper estate filings for Claiborne County, keeps the original will and provides access to filed civil documents at the clerk's office during regular business hours. The clerk's staff cannot give legal advice. | 401 Market Street, Port Gibson, MS 39150. Mail: P.O. Box 449, Port Gibson, MS 39150. Phone: 601-437-4992. Fax: 601-437-3137. Email: [email protected]. |
| Mississippi Judiciary chancery court page | Explains Mississippi chancery courts and links to chancery court resources, including the statewide chancery clerk cover sheet. Mississippi chancery courts handle estate matters under Miss. Const. art. 6, § 159. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules for fiduciary matters, including the Rule 6.02 requirement that a fiduciary retain an attorney unless licensed to practice law in Mississippi. | https://courts.ms.gov/research/rules/ |
| MEC and PAMEC | Attorneys file through MEC after a paper opening filing. Public users may use PAMEC for read-only access, and free viewing is available at the chancery clerk's office during regular business hours. | https://courts.ms.gov/mec. MEC helpdesk: 601-576-4650, [email protected]. |
| mslegalservices.org | Statewide legal information site with a directory-by-service-area lookup. Use it to check legal aid eligibility and local civil-help options. | https://www.mslegalservices.org/find-legal-help/directory/area |
| Mississippi Center for Legal Services | Claiborne County is mapped to the Natchez office service area. Call to check eligibility. The provider may not take estate administration matters. | 1-800-519-2915. |
When to hire an attorney
In a full Mississippi estate, hiring counsel 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 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 under Miss. Code Ann. § 91-7-322, which is not a court filing and does not require an attorney. A Claiborne County family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 and use mslegalservices.org, understanding that estate administration may not be a covered matter. Sunset connects families to a vetted local probate attorney, which in Mississippi is the step the rules require for a full estate.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions for accounts, insurance, retirement assets and other property so the family can see what must be handled in the estate settlement.
Generate the probate packet. Sunset organizes the information the attorney needs for the Claiborne County filing, including asset lists, debts, family information and documents tied to the original will.
Find a local probate attorney. Mississippi requires an executor or administrator to retain an attorney unless the fiduciary is a Mississippi-licensed lawyer. Sunset can connect the family with a vetted attorney for a Claiborne County Chancery Court filing.
Sunset is free for families. Families can use Sunset to start estate settlement, locate assets and get matched with help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Claiborne County?
File a full estate on paper with the Claiborne County Chancery Clerk at 401 Market Street in Port Gibson. The Claiborne County Chancery Court handles matters testamentary and of administration under Miss. Const. art. 6, § 159.
Is the circuit clerk the right office for a Claiborne County estate?
No. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court. For Claiborne County, call the chancery clerk at 601-437-4992 before filing.
How much does it cost to open an estate in Claiborne County?
Claiborne County does not publish a county 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 for the current filing fee and payment instructions.
What are the Claiborne County Chancery Clerk's hours?
Claiborne County does not publish chancery clerk counter hours on its website. Call 601-437-4992 before visiting the Port Gibson courthouse, especially near a deadline.
Do I need a lawyer for a Claiborne County estate?
For a full estate, yes unless the fiduciary is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02 requires a fiduciary, including an executor or administrator, to retain an attorney during the appointment. The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 is not filed with the court and does not require an attorney.
Can I electronically file a Claiborne County estate?
Attorneys use MEC after the case is opened, and every estate opens with a conventional paper filing at the chancery clerk's counter. A self-represented person may have read-only PAMEC access but may not file electronically. Start at courts.ms.gov/mec for MEC and PAMEC information.
How do I look up a Claiborne County chancery case?
Use the statewide MEC and PAMEC route at courts.ms.gov/mec. Remote PAMEC access requires a registered account and fees may apply. Free viewing of filed civil documents is available at the Claiborne County Chancery Clerk's office during regular business hours.
Does Claiborne County have local probate forms?
Claiborne County publishes no estate packet, small estate affidavit form or probate instruction sheet of its own. The statewide chancery clerk cover sheet is used with chancery filings, and the estate petition is drafted by the attorney required under UCCR 6.02.
Will I have to travel to Port Gibson?
For the Miss. Code Ann. § 91-7-322 small estate affidavit route, the affidavit is presented to the holder of personal property, such as a bank, rather than filed at the courthouse. If full administration or muniment of title is needed, the attorney files the paper petition with the Claiborne County Chancery Clerk. Ask the clerk whether phone or video attendance may be approved for any hearing.
What should I send with a Claiborne County filing?
Your attorney will prepare the petition and cover sheet. For a will, the petition must attach a copy of the will (UCCR 6.15), and the original will must be delivered to the chancery clerk 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.