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Clarke County, MS Probate Information
Quick facts
| Topic | Clarke County information |
|---|---|
| Court | Clarke County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Clarke County Chancery Clerk, 101 South Archusa Avenue, Quitman, MS 39355. |
| Mailing address | P.O. Box 689, Quitman, MS 39355. |
| Phone | 601-776-2126. |
| Fax | 601-776-2756. |
| [email protected]. | |
| Hours | Call the chancery clerk before visiting to confirm current public counter hours, any lunch closure, and any filing cutoff. |
| Filing fee | Ask the chancery clerk for Clarke County's current total before filing. Miss. Code Ann. § 25-7-9 sets a $140.00 statutory floor under text effective until December 31, 2027, made up of an $85.00 clerk 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. |
| Local forms | Clarke County does not post a local probate, estate, or small estate form on its county forms page. Plan to use the statewide Chancery Clerk Cover Sheet linked from courts.ms.gov and attorney-drafted estate pleadings. |
| E-filing | Attorneys file through MEC. A person without a filing-level attorney account may use read-only PAMEC access, but an estate begins with a paper filing at the chancery clerk's counter. Start at courts.ms.gov/mec. |
| Case search | MEC and PAMEC are the statewide access points at courts.ms.gov/mec. Free public viewing is available at the chancery clerk's office during regular business hours; remote PAMEC access requires a registered account and applicable fees. |
| Remote appearance | Ask the chancery clerk and the assigned chancellor about phone or video attendance. District term orders are posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| 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 full appointment. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 needs no court filing and no attorney. |
| Website | https://www.clarkecountyms.gov/chancery-clerk/ |
Before you begin — know the assets and liabilities
Before you choose a Clarke County estate settlement path, make a practical inventory of the assets, debts, the original will, and any account with a named beneficiary or surviving co-owner. The right path can change if the estate needs letters, if real property in Clarke County must be sold, or if the remaining probate property can be handled outside a court filing.
Sunset's 2,300-institution asset discovery can help you find accounts before a petition is prepared. That matters in Mississippi because a full estate requires an attorney under UCCR 6.02, while the small estate affidavit under Miss. Code Ann. § 91-7-322 may avoid a court case when its statewide requirements are met.
Which court handles jurisdiction
File a Clarke County estate at the Clarke County Chancery Clerk's office, 101 South Archusa Avenue, Quitman, MS 39355. Quitman is the Clarke County courthouse city. Clarke County is a single-courthouse county for this purpose.
Venue depends on the Mississippi estate path. A will is proved and letters are granted in 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, where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration are granted in the county of the intestate's fixed place of residence, then where the intestate owned land, then where the intestate died if there was no fixed place of residence and no land (Miss. Code Ann. § 91-7-63).
Clarke County is in Mississippi's 12th Chancery Court District with Lauderdale County. That chancery court district assigns chancellors; it does not move a Clarke County filing to Lauderdale County. Mississippi law provides that chancery court is held in each county (Miss. Code Ann. § 9-5-3(1); Miss. Const. art. 6, § 159).
The jurisdiction process
- Gather the death certificate, the original will if there is one, deeds for Clarke County real property, account statements, debts, and beneficiary information.
- Choose the Mississippi path. The small estate affidavit under Miss. Code Ann. § 91-7-322 is for personal property when 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, effective July 1, 2020; it is presented to the holder of the property and is not a court filing. Muniment of title under Miss. Code Ann. § 91-5-35 may fit when there is a will devising Mississippi real property, the non-real and non-exempt probate estate is within the Miss. Code Ann. § 91-7-322 sum, and all known debts are paid. 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 with the Clarke County Chancery Clerk at 101 South Archusa Avenue in Quitman, with the chancery clerk cover sheet and the court cost deposit. Miss. Code Ann. § 25-7-9 sets a $140.00 statutory floor under text effective until December 31, 2027, and UCCR 9.01 requires court cost deposits with the petition. 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 the will to probate in common form and grant letters testamentary or letters of administration. The clerk's action is subject to court approval and is not final until approved by the court (Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147; Miss. Const. art. 6, § 159).
- Handle bond if the court or clerk requires it 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 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, address debts and taxes, prepare any accounting or settlement papers required by the chancellor, distribute property under court authority, and seek a final decree and discharge.
Forms and documents
Probate forms in Clarke County
Clarke County does not post a local probate, estate, or small estate form on its county forms page. The listed local forms are for other county services, not estate filings.
For a Clarke County full estate, plan on the statewide Chancery Clerk Cover Sheet linked from the Mississippi Judiciary's Chancery Court page and an attorney-drafted petition. Mississippi uses the Uniform Chancery Court Rules to set content requirements, including the will exhibit rule in UCCR 6.15 and the fiduciary signature and oath rule in UCCR 6.14.
If the estate may qualify for the small estate affidavit under Miss. Code Ann. § 91-7-322, remember that the $75,000 ceiling is effective July 1, 2020, the route is for personal property, and the affidavit is presented to the holder of the property rather than filed with the Clarke County Chancery Clerk.
Recent updates
| Change | What it means in Clarke County |
|---|---|
| Mississippi Electronic Courts in chancery courts | All Mississippi chancery courts, including Clarke County's, were on MEC as of June 19, 2023, and the statewide trial-court rollout finished June 30, 2025. Attorneys use MEC, while public access begins at courts.ms.gov/mec through PAMEC or at the clerk's office. |
| Small estate affidavit and muniment of title | The small estate affidavit ceiling became $75,000, effective July 1, 2020, 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 rule in UCCR 6.02. |
| Legal aid intake numbers | As of January 1, 2026, Mississippi's two civil legal aid providers use separate intake numbers. Clarke County is served by Mississippi Center for Legal Services at 1-800-519-2915, and the mslegalservices.org directory is the statewide lookup point. |
Scenarios
| Persona | Likely Clarke County path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | First check whether the home passes by title outside the estate. If the remaining probate property is personal property within the $75,000 ceiling, effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 may settle that property without a Clarke County filing. If a will devises the Clarke County home and known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be the real-property path. | Sunset helps identify accounts, review title questions to flag for counsel, and organize the estate settlement packet. |
| 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, effective July 1, 2020, the Miss. Code Ann. § 91-7-322 affidavit is handed to the bank or other holder and is not filed at the courthouse. If letters are needed, a Mississippi attorney is required under UCCR 6.02. | Sunset helps find accounts, create a task list, and connect the family with a Clarke County area attorney when a court case is needed. |
| parent settling predeceased child's estate, home must be sold | The small estate affidavit under Miss. Code Ann. § 91-7-322 does not transfer the home. If there is a will and debts are paid, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. If not, a full Clarke County administration through the chancery clerk may be needed, with attorney representation under UCCR 6.02. The chancellor fixes fiduciary and attorney compensation under Miss. Code Ann. § 91-7-299, and fees may not be based on real property value under UCCR 6.12(B). | Sunset helps assemble asset information, prepare for the attorney meeting, and keep estate settlement tasks organized through sale and distribution. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Clarke County Chancery Clerk | Filing counter for Clarke County estate papers, letters, clerk-held records, and questions about current counter hours, filing cutoffs, term orders, and remote attendance practice. | 101 South Archusa Avenue, Quitman, MS 39355. Phone 601-776-2126. Fax 601-776-2756. Email [email protected]. Website https://www.clarkecountyms.gov/chancery-clerk/ |
| Mississippi Judiciary Chancery Court page | State judiciary page for chancery courts and the statewide Chancery Clerk Cover Sheet. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| MEC and PAMEC | Attorneys file through MEC. Public case access uses PAMEC for remote read-only access or free viewing at the chancery clerk's office during regular business hours. | https://courts.ms.gov/mec |
| Uniform Chancery Court Rules | Rules for fiduciary matters, including the attorney requirement in UCCR 6.02 and petition content rules. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| Mississippi Center for Legal Services | Civil legal aid eligibility check for Clarke County. Estate administration may not be a covered service, but families who cannot afford counsel should start here. | Intake 1-800-519-2915. Directory at mslegalservices.org. |
| mslegalservices.org | Statewide public legal-information site with a service-area directory and online legal information maintained for Mississippi civil legal aid users. | https://www.mslegalservices.org/find-legal-help/directory/area |
When to hire an attorney
In a Clarke County full estate, Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney during the entire term of the appointment, and the chancellor fixes attorney compensation. 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 needs no attorney. A family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 through mslegalservices.org. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help locate bank, retirement, investment, insurance, and other accounts so the family can choose the right Mississippi estate settlement path.
Generate the probate packet. Sunset organizes the information an attorney needs for a Clarke County filing, including assets, debts, family information, the original will checklist, and court-ready next steps.
Find a local probate attorney. Because UCCR 6.02 requires an executor or administrator to retain counsel for a full Mississippi estate, Sunset helps connect the family with a vetted attorney for Clarke County chancery work.
Sunset is free for families. Families can use Sunset to understand the estate settlement process, gather information, and get matched with help without paying Sunset.
Frequently asked questions
Where do I file probate papers in Clarke County?
File with the Clarke County Chancery Clerk at 101 South Archusa Avenue, Quitman, MS 39355. Clarke County is in the 12th Chancery Court District, but Clarke County estate filings stay in Quitman. Chancery courts handle matters testamentary and of administration in Mississippi (Miss. Const. art. 6, § 159).
Can I e-file a Clarke County estate case?
Attorneys file through MEC, and the public access hub is courts.ms.gov/mec. A person without a filing-level attorney account may use read-only PAMEC access, but an estate begins with a paper filing at the chancery clerk's counter.
What is the filing fee for a Clarke County estate?
Call the Clarke County Chancery Clerk for the current total before filing. Miss. Code Ann. § 25-7-9 sets a $140.00 statutory floor under text effective until December 31, 2027, made up of an $85.00 clerk fee, $10.00, $40.00, and $5.00 in statutory assessments.
Does Clarke County have local probate forms?
Clarke County does not post a local probate, estate, or small estate form on its county forms page. Use the statewide Chancery Clerk Cover Sheet and attorney-drafted pleadings for a full estate. If the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 fits, it is presented to the property holder rather than filed with the chancery clerk.
How do I look up a Clarke County estate case?
Use MEC and PAMEC through courts.ms.gov/mec. Remote access requires a registered PAMEC account and applicable fees. Free public viewing is available at the chancery clerk's office during regular business hours.
Can I attend a Clarke County chancery hearing by phone or video?
Ask the chancery clerk and the assigned chancellor before making travel plans. Phone or video attendance depends on the chancellor and district practice, and the district's annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2).
Can the chancery clerk grant letters in Mississippi?
Yes, Mississippi law allows the chancery clerk to admit a will to probate in common form and grant letters testamentary or letters of administration in term time or in vacation, meaning between terms, but the clerk's act is subject to the court's approval and is not final until approved by the court (Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147; Miss. Const. art. 6, § 159).
Do I need an attorney for a Clarke County estate?
For a full estate, yes unless the fiduciary is licensed to practice law in Mississippi. UCCR 6.02 requires the fiduciary to retain an attorney for the entire appointment. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is different because it is not a court filing and needs no attorney.
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.