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DeSoto County, MS Probate Information
Quick facts
| Topic | DeSoto County details |
|---|---|
| Court | DeSoto County Chancery Court (Miss. Const. art. 6, § 159) |
| Probate filings go to | DeSoto County Chancery Clerk, Court Records department, DeSoto County Courthouse |
| Courthouse address | 2535 Highway 51 South, Rooms 100 and 104, Hernando, MS 38632 |
| Mailing address | P.O. Box 949, Hernando, MS 38632 |
| Phone | 662-469-8398 for the chancery court counter. The chancery clerk general office number is 662-469-8005. |
| Fax | 662-469-8308 |
| [email protected] for the chancery court office. The chancery clerk general office email is [email protected]. | |
| Hours | Monday through Friday, 8 am to 5 pm. The offices close on state and county approved holidays and closures. Call 662-469-8398 before traveling to ask about any same-day filing cutoff. |
| Filing fee | DeSoto County's published chancery schedule, effective January 1, 2020, lists $158.00 to open an estate, testate or intestate, and $148.00 for muniment of title only. Miss. Code Ann. § 25-7-9, text effective until December 31, 2027, sets the chancery clerk estate filing floor at $85.00 plus $10.00, $40.00 and $5.00 statutory assessments, totaling $140.00, so confirm the current county total with the clerk. |
| Local forms | Yes. DeSoto County publishes a civil cover sheet, an Affidavit of Small Estate under Miss. Code Ann. § 91-7-322, a Probate of Claim form and a change of address notice. The petition to open a full estate is drafted by the attorney required by UCCR 6.02. |
| E-filing | Attorneys file through Mississippi Electronic Courts, MEC, after the case is opened. A self-represented party may hold a read-only PAMEC account and may not file electronically. Every estate starts with a paper filing at the chancery clerk's counter. Start at courts.ms.gov/mec. |
| Case search | MEC and PAMEC are the statewide route through courts.ms.gov/mec. Remote access needs a registered PAMEC account and fees apply. DeSoto County also provides public inquiry terminals at the chancery clerk's office during business hours, plus a paid chancery civil case request service. |
| Remote appearance | Ask the chancery clerk or the court administrator for the chancellor assigned to the case. Phone or video attendance is set by the chancellor and district practice, not by a published DeSoto County blanket rule. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires an executor or administrator, unless the fiduciary is licensed to practice law in Mississippi, to retain an attorney. 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 | desotocountyms.gov |
Before you begin — know the assets and liabilities
Know the assets and debts before anything is filed, because the number decides the route and the route decides whether the Hernando courthouse is involved. A probate estate of $75,000 or less in personal property, excluding liens and encumbrances, can use the small estate affidavit effective July 1, 2020, under Miss. Code Ann. § 91-7-322, while a full estate is a chancery court filing in Hernando and requires an attorney under UCCR 6.02. Sunset's asset discovery searches more than 2,300 institutions.
Also know how each asset is titled and whether it names a beneficiary. Property that passes outside the estate can change the whole estate settlement plan, especially in DeSoto County, where families may live in Southaven, Olive Branch, Horn Lake, Walls or Hernando but still file a DeSoto County estate only at the courthouse in Hernando.
Which court handles jurisdiction
Probate for DeSoto County is filed at the DeSoto County Courthouse, 2535 Highway 51 South in Hernando, with the DeSoto County Chancery Clerk at the Court Records counter in Rooms 100 and 104. The same counter serves Hernando, Southaven, Olive Branch, Horn Lake and Walls.
Mississippi venue turns on the decedent's fixed place of residence. A will is proved and letters testamentary are granted in the chancery court of the county where the testator had a fixed place of residence (Miss. Code Ann. § 91-7-1). Letters of administration for an intestate estate use a related but different venue ladder in Miss. Code Ann. § 91-7-63. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court.
DeSoto County sits in Mississippi's 3rd Chancery Court District with Grenada, Montgomery, Panola, Tate and Yalobusha counties. That district is how chancellors are assigned. It does not combine filing counters, and Miss. Code Ann. § 9-5-3(1) provides that a chancery court is held in each county.
The jurisdiction process
- Gather the death certificate, the original will if there is one, and a list of what the decedent owned and owed.
- Choose the route before filing. If the whole probate estate is $75,000 or less in personal property, excluding liens and encumbrances, and 30 days have passed after death, effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the bank, employer or other holder, not filed with the chancery clerk. If the decedent left a will devising Mississippi real property, all known debts are paid and the rest of the Mississippi probate estate fits within the § 91-7-322 sum, muniment of title under Miss. Code Ann. § 91-5-35 may fit. Otherwise, use full administration.
- Retain a Mississippi attorney. 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 DeSoto County Chancery Clerk says its office cannot provide legal assistance and recommends hiring an attorney for chancery questions.
- The attorney prepares the petition to probate the will and for letters testamentary, or the petition for letters of administration. A copy of the will is attached as an exhibit under UCCR 6.15, and the fiduciary personally signs and swears to the filing under UCCR 6.14.
- File on paper at Court Records in the DeSoto County Courthouse, 2535 Highway 51 South, Rooms 100 and 104, Hernando, with the civil cover sheet DeSoto County publishes and any statewide chancery clerk cover sheet the clerk requires. Attorneys then use MEC, but every case is opened conventionally on paper. The original will stays with the clerk under UCCR 9.03.
- Pay the court cost deposit at filing. DeSoto County's schedule effective January 1, 2020 lists $158.00 for an estate, testate or intestate, and $148.00 for muniment of title only. Miss. Code Ann. § 25-7-9, text effective until December 31, 2027, accounts for a $140.00 statutory floor through the $85.00 estate filing fee plus $10.00, $40.00 and $5.00 statutory assessments. Confirm the current county total with the chancery clerk.
- The chancery court, or the chancery clerk in vacation, which means between terms of court, admits the will to probate in common form and grants letters testamentary or letters of administration under Miss. Code Ann. § 91-7-1, § 91-7-63 and § 9-5-141. Nothing the clerk does is final until the court approves it under Miss. Code Ann. § 9-5-147.
- Take the oath and post bond if the court requires one under Miss. Code Ann. § 91-7-41.
- Make reasonably diligent efforts to identify creditors, mail each known creditor notice, and file the affidavit with the clerk saying that has been done. Only then does the duty to publish arise under Miss. Code Ann. § 91-7-145.
- Publish the notice to creditors in a county newspaper for three consecutive weeks and file proof of publication with the clerk under Miss. Code Ann. § 91-7-145. The newspaper sets its own publication charge.
- Creditors probate and register claims with the clerk. In Mississippi, that phrase means the creditor presents the claim to the clerk of the court that granted letters. DeSoto County publishes a Probate of Claim form for this step. A claim not registered within 90 days after the first publication is barred under Miss. Code Ann. § 91-7-151.
- Inventory, debts, taxes, accounting, distribution and discharge follow through the chancery court. The estate settlement ends with the final accounting, decree of distribution and discharge.
Executor duties
- Keep the court file current if your address changes. DeSoto County publishes its own change of address notice under Uniform Chancery Court Rule 8.06.
- Plan certified copies early. Miss. Code Ann. § 25-7-9, text effective until December 31, 2027, sets $1.00 for certifying a complete filed document, and DeSoto County states certified or exemplified copies must be picked up or mailed rather than emailed.
- Track creditor claims through the clerk's file. DeSoto County's Probate of Claim form shows the clerk's recording step for claims that are probated, allowed and registered.
Forms and documents
Probate forms in DeSoto County
Mississippi does not publish a single statewide blank packet for opening an estate. It publishes the Uniform Chancery Court Rules and a statewide chancery clerk cover sheet, and the petition itself is drafted by the attorney required by UCCR 6.02.
DeSoto County publishes useful local forms on its chancery clerk forms page. Those include a civil cover sheet, a blank Affidavit of Small Estate under Miss. Code Ann. § 91-7-322, a Probate of Claim form for creditors and a change of address notice. The civil cover sheet separates testate estates, intestate estates, muniment of title under Miss. Code Ann. § 91-5-35, heirship, accounting and will contest filings under Miss. Code Ann. § 91-7-23.
The DeSoto County Affidavit of Small Estate carries the current $75,000 figure, effective July 1, 2020, under Miss. Code Ann. § 91-7-322. Treat the county blank as a convenience, not as a court filing. The affidavit is presented to the holder of property, and who may sign is controlled by the statute and by the institution holding the property.
Fees
| Fee item | DeSoto County amount | Notes |
|---|---|---|
| Estate, testate or intestate | $158.00, effective January 1, 2020 | Published on DeSoto County's chancery court civil case filing schedule. Confirm the current amount with the chancery clerk before filing. |
| Muniment of title only | $148.00, effective January 1, 2020 | Published on the same DeSoto County schedule for muniment of title under Miss. Code Ann. § 91-5-35. |
| Statutory floor | $140.00 under Miss. Code Ann. § 25-7-9, text effective until December 31, 2027 | The statute lists $85.00 for an estate filing, plus $10.00, $40.00 and $5.00 statutory assessments. DeSoto County's published total is above that floor. |
| Publication and service | Actual charges, when requested, under Miss. Code Ann. § 25-7-9, text effective until December 31, 2027 | The newspaper's notice charge is not a court price. If the filer asks the clerk to pay service or publication costs, the clerk may demand the actual charges at filing. |
| Certified copy | $1.00 per complete filed document under Miss. Code Ann. § 25-7-9, text effective until December 31, 2027 | DeSoto County states certified and exemplified copies must be picked up or mailed, not emailed. |
Timeline
- Check the annual DeSoto County chancery court calendar to see the weeks a chancellor is scheduled to sit in Hernando. The senior chancellor sets terms across Mississippi's 3rd Chancery Court District under Miss. Code Ann. § 9-5-3.
- After a case is assigned, ask the court administrator for the assigned chancellor about hearing or trial dates. DeSoto County directs parties to the court administrator for those dates, not to the clerk's counter.
- Expect the weekly docket to be prepared by the assigned chancellor's court administrator. DeSoto County says the docket is generally available on the Friday before the week the chancellor will be in DeSoto County.
- Do not assume a hearing date or a phone or video option from the calendar alone. The calendar shows court weeks in Hernando, while attendance method and case settings are controlled by the chancellor and district practice.
Local nuance
DeSoto County-specific considerations
- The DeSoto County Chancery Clerk is one office in three Hernando buildings. Estate filings go to Court Records at the courthouse, 2535 Highway 51 South, Rooms 100 and 104. Land Records is at 311 W South Street, Suite C. Delinquent tax and homestead exemption work is at 365 Losher Street, Suite 120.
- Use the chancery court line, 662-469-8398, for estate questions. The land records side of the chancery clerk's office has separate recording services and deadlines that do not govern a court filing.
- DeSoto County publishes an annual chancery court calendar because the chancellors of the 3rd Chancery Court District travel among six counties. The calendar helps you see when court is in Hernando, but hearing and trial dates still come from the court administrator for the assigned chancellor.
- For case copies, DeSoto County offers a chancery civil case request service and the form includes a date of death field for probate searches. Certified and exemplified copies must be collected or mailed.
- The chancery clerk accepts court fee payments online by card through its chancery payment page and by check or money order to P.O. Box 949, Hernando, MS 38632. Start from the chancery clerk's page so the payment goes to the correct office.
Small-estate Alternatives
DeSoto County is one of the Mississippi counties that publishes a blank Affidavit of Small Estate under Miss. Code Ann. § 91-7-322. The blank is useful, but it does not turn the affidavit into a court filing. It is presented to the bank, employer or other holder of property, not filed with the DeSoto County Chancery Clerk, and it has no courthouse fee or case number.
The county blank carries the current $75,000 amount, effective July 1, 2020, under Miss. Code Ann. § 91-7-322. Check who is entitled to sign against the statute itself and against the institution holding the property, because the statute controls the successor question.
Recent updates
| Update | Date | What it means in DeSoto County |
|---|---|---|
| MEC completion | Chancery courts on MEC since June 19, 2023, statewide rollout announced June 30, 2025 | Attorneys file through MEC after opening. Every estate still begins with a paper filing at the DeSoto County Chancery Clerk's counter. Start at courts.ms.gov/mec. |
| Small estate and muniment changes | Effective July 1, 2020 | The small estate affidavit amount is $75,000 under Miss. Code Ann. § 91-7-322, and the muniment of title procedure under Miss. Code Ann. § 91-5-35 was rewritten. DeSoto County's small estate blank carries the current amount. |
| Uniform Chancery Court Rules revision | Effective April 18, 2024 | Rule 6.02 still requires a fiduciary to retain an attorney unless licensed to practice law in Mississippi. |
| North Mississippi Rural Legal Services intake | January 1, 2026 | The provider serving DeSoto County uses intake number 1-800-898-8731. Use mslegalservices.org to check service area and eligibility. |
| DeSoto County chancery calendar | 2026 calendar year | DeSoto County publishes an annual chancery court calendar showing the weeks chancellors sit in Hernando. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely DeSoto 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 $75,000 or less in personal property, excluding liens and encumbrances, effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 may settle the rest without a court filing. If a will devises the house and all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may fit, and DeSoto County lists that filing at $148.00, effective January 1, 2020, under its schedule tied to Miss. Code Ann. § 25-7-9. | Sunset searches more than 2,300 institutions so the spouse can see what was joint, what was beneficiary-designated and what was in the decedent's name alone before starting estate settlement. |
| 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 Miss. Code Ann. § 91-7-322 affidavit is handed to the holder rather than filed in Hernando. If letters are needed, a Mississippi attorney is required by UCCR 6.02 and the case opens on paper at the DeSoto County Courthouse. Ask the clerk or court administrator about any phone or video option rather than assuming. | Sunset assembles the account inventory and probate packet from a distance and connects the family to a vetted local attorney when a chancery filing is needed. |
| Parent settling predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit does not transfer the house. If the child left a will devising Mississippi real property and all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may carry title. Otherwise, full administration is filed in Hernando, with DeSoto County listing an estate filing at $158.00, effective January 1, 2020, under its schedule tied to Miss. Code Ann. § 25-7-9, and counsel retained under UCCR 6.02. The chancellor fixes fiduciary compensation and attorney fees under Miss. Code Ann. § 91-7-299, and UCCR 6.12(B) says fees are not based on the value of real property. | Sunset finds mortgages, insurance, utilities, liens and accounts connected to the property, then connects the family to a vetted local probate attorney for the sale. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| DeSoto County Chancery Clerk, Court Records | Opens chancery cases, including estates, and publishes the local fee schedule, forms, calendar and public inquiry terminal information. Staff cannot provide legal advice or prepare petitions. | 2535 Highway 51 South, Rooms 100 and 104, Hernando, MS 38632. 662-469-8398. [email protected]. |
| DeSoto County chancery forms and calendar | Local civil cover sheet, Affidavit of Small Estate under Miss. Code Ann. § 91-7-322, Probate of Claim form, change of address notice and annual chancery court calendar. | desotocountyms.gov |
| DeSoto County chancery civil case request | Lets someone request a chancery file search and copies, including estate searches using a date of death field. Certified copies are picked up or mailed. | desotocountyms.gov |
| Mississippi Electronic Courts and PAMEC | Statewide case access through courts.ms.gov/mec. Attorneys file through MEC. Public remote viewing uses PAMEC registration and fees, while public terminals are available at the DeSoto County Chancery Clerk's office during business hours. | courts.ms.gov/mec. Helpdesk 601-576-4650 or [email protected]. |
| Mississippi Judiciary Chancery Courts page | Lists Mississippi's chancery courts and districts and links the statewide chancery clerk cover sheet. | courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules for Mississippi fiduciary matters, including Rule 6.02 on attorney representation, Rule 6.15 on attaching a will copy and Rule 9.03 on original wills. | courts.ms.gov |
| North Mississippi Rural Legal Services, Oxford office | Civil legal aid provider serving DeSoto County. Check eligibility first through intake. Estate administration may not be among the matters it accepts. Use mslegalservices.org for service area information. | 1-800-898-8731. Oxford office, 493 Ryland Way, P.O. Box 928, Oxford, MS 38655. |
| North Mississippi Rural Legal Services Heirs' Property Program | Program for families dealing with inherited land or real estate without clear title. Ask through NMRLS intake whether the program fits the facts. | 1-800-898-8731. nmrls.com/heirs-property-program/. |
| mslegalservices.org | Statewide public legal information site maintained by Mississippi's civil legal aid providers, with legal topics, online forms and a directory by service area. | mslegalservices.org/find-legal-help/directory/area |
When to hire an attorney
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 approves the fee. In DeSoto County, that means an executor or administrator retains counsel before filing the petition in Hernando. 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 create a fiduciary appointment. A family that cannot afford counsel should check eligibility with North Mississippi Rural Legal Services at 1-800-898-8731 and use mslegalservices.org for service area information, while understanding that estate administration may not be accepted. Sunset connects families to a vetted local probate attorney, which in Mississippi is the step the rules require.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions to identify bank accounts, investment accounts, insurance, retirement accounts and other assets. That inventory helps decide whether DeSoto County estate settlement can stay outside court through a Miss. Code Ann. § 91-7-322 affidavit or needs a chancery filing in Hernando.
Generate the probate packet. Sunset organizes the information needed for the DeSoto County Chancery Clerk, including the asset list, heirs, interested people, debts and documents your attorney will use to prepare the petition, cover sheet and related filings.
Find a local probate attorney. Mississippi requires an executor or administrator to retain counsel under UCCR 6.02 unless the fiduciary is a Mississippi-licensed lawyer. Sunset connects families with vetted local attorneys who understand DeSoto County chancery practice.
Sunset is free for families. Sunset gives families a guided estate settlement workspace, asset discovery and attorney matching without charging families for the platform.
Frequently asked questions
Where do I file probate in DeSoto County, Mississippi?
File with the DeSoto County Chancery Clerk at Court Records in the DeSoto County Courthouse, 2535 Highway 51 South, Rooms 100 and 104, Hernando, MS 38632. The phone number is 662-469-8398 and mail goes to P.O. Box 949, Hernando, MS 38632. A person whose fixed place of residence was in DeSoto County has venue in DeSoto County under Miss. Code Ann. § 91-7-1 for a will and Miss. Code Ann. § 91-7-63 for an intestate estate. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court (Miss. Const. art. 6, § 159).
Which DeSoto County building takes a probate filing?
The courthouse takes the filing. The chancery clerk's Court Records office is at 2535 Highway 51 South, Rooms 100 and 104, in Hernando. Land Records is at 311 W South Street, Suite C, and delinquent tax and homestead exemption work is at 365 Losher Street, Suite 120. Estates go to the courthouse counter.
Do I need a lawyer to probate an estate in DeSoto County?
For a full estate, yes. Uniform Chancery Court Rule 6.02 requires every fiduciary who is not a Mississippi-licensed lawyer to retain an attorney for the entire appointment, and the chancellor approves the fee. The small estate affidavit under Miss. Code Ann. § 91-7-322 is different. If the whole probate estate is $75,000 or less in personal property, excluding liens and encumbrances, effective July 1, 2020, and 30 days have passed, the affidavit is presented to the holder and is not filed with the court.
What does it cost to open a probate case in DeSoto County?
DeSoto County's chancery court civil case filing schedule, effective January 1, 2020, lists $158.00 for an estate, testate or intestate, and $148.00 for muniment of title only. Miss. Code Ann. § 25-7-9, text effective until December 31, 2027, sets the estate filing floor at $85.00 plus $10.00, $40.00 and $5.00 statutory assessments, totaling $140.00. DeSoto County's total is a county figure, so confirm the current amount with the chancery clerk before going to the courthouse.
Can I e-file a DeSoto County probate case?
Attorneys file through Mississippi Electronic Courts, MEC, after the case is opened. MEC has been live in every Mississippi chancery court since June 19, 2023, and starts at courts.ms.gov/mec. A self-represented party may hold a read-only PAMEC account but may not file electronically. Every estate is opened with a paper filing at the chancery clerk's counter, and the original will goes to the clerk.
Does DeSoto County have its own probate forms?
Yes. DeSoto County publishes a civil cover sheet, an Affidavit of Small Estate under Miss. Code Ann. § 91-7-322, a Probate of Claim form and a change of address notice. Mississippi does not publish a single statewide blank packet for opening an estate, and the petition is drafted by the attorney required under UCCR 6.02. The DeSoto County small estate blank carries the current $75,000 figure, effective July 1, 2020.
How do I look up a DeSoto County chancery court case?
You have three practical routes. In person, the chancery clerk's office in Hernando has public inquiry terminals during office hours and older index books for cases before the 1960s. Remotely, MEC and PAMEC at courts.ms.gov/mec provide registered access with fees. You may also request a chancery civil case search from the clerk, and certified copies must be picked up or mailed.
When is chancery court in session in Hernando?
Not every week. DeSoto County is in Mississippi's 3rd Chancery Court District, and chancellors travel among the counties. DeSoto County publishes an annual chancery court calendar showing weeks when a chancellor sits in Hernando. The senior chancellor sets terms and dockets under Miss. Code Ann. § 9-5-3, and hearing or trial dates are arranged through the court administrator for the assigned chancellor.
Can I attend a DeSoto County probate hearing by phone or video?
Ask before planning around it. Phone or video attendance is set by the chancellor and district practice. Call the DeSoto County Chancery Clerk at 662-469-8398 or ask the court administrator for the assigned chancellor. Miss. Code Ann. § 9-5-3(2) requires the annual term order for a multi-county chancery district to be entered by October 1 of the preceding year and posted in each chancery clerk's office.
Do I have to travel to Hernando to settle a DeSoto County estate?
Not always. If the estate qualifies for the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, there is no court filing because the affidavit is presented to the holder of personal property. If letters are needed, a Mississippi attorney is required under UCCR 6.02 and the opening filing is on paper in Hernando. DeSoto County also provides a file search request service and online court fee payment, but certified copies must be mailed or picked up.
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.