Back to Mississippi
Forrest County, MS Probate Information
Quick facts
| Topic | Forrest County detail |
|---|---|
| Court | Forrest County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159. |
| Probate filings go to | Forrest County Chancery Clerk, court department, 601-545-6041. Say the call is about an estate because the same office also handles land records. |
| Chancery court district | Mississippi's 10th Chancery Court District, covering Forrest, Lamar, Marion, Pearl River and Perry counties. A Forrest County case is filed in Hattiesburg. |
| Courthouse address | Paul B. Johnson Chancery Building, 641 North Main Street, Hattiesburg, MS 39401. The chancery court counter is on the second floor. |
| Mailing address | Forrest County Chancery Clerk, P.O. Box 951, Hattiesburg, MS 39401. |
| Phone | 601-545-6041. |
| Fax | 601-545-6017. The office publishes a fax number, but a petition should not be assumed fax-filed. |
| Hours | Monday through Friday, 8 am to 5 pm. Call 601-545-6041 before traveling near a deadline. |
| Filing fee | Forrest County publishes no chancery court fee total. In the Miss. Code Ann. § 25-7-9 text effective until December 31, 2027, an estate of deceased carries an $85.00 clerk fee 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, a $140.00 statutory floor. Confirm the current total with the chancery clerk before writing the check. |
| 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 for the 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. |
| Local forms | The Forrest County Chancery Clerk publishes no probate form of its own. Mississippi's 10th Chancery Court District publishes estate forms for attorneys, including a procedural checklist for administration of an estate, a Certificate of Fiduciary and a Certificate of Attorney. The Mississippi Judiciary also publishes a chancery clerk cover sheet to confirm with the clerk. |
| E-filing | Attorneys file through Mississippi Electronic Courts at courts.ms.gov/mec. A person without counsel may hold a read-only PAMEC account but may not file electronically, and every estate is opened with a paper filing at the chancery clerk's counter. |
| Case lookup | Use Mississippi Electronic Courts and PAMEC at courts.ms.gov/mec for remote access with a registered account. Filed civil documents may be viewed without charge at the chancery clerk's office during business hours, with copy charges for copies. The county's online records service is for land records and related county records, not estate case files. |
| Remote appearance | The 10th Chancery Court District's local rules say video conferencing is available, subject to prior court approval, for temporary hearings, motion hearings, settlement conferences, minor settlements and other ex parte matters. Ask the chancery clerk at 601-545-6041 or the 10th Chancery Court administrator at 601-545-6079. |
| Website | https://forrestcountyms.us/forrest-county-chancery-clerk/ |
Before you begin — know the assets and liabilities
Before you pick a filing path in Forrest County, list the assets, debts, heirs and beneficiaries, and check how each account, vehicle and parcel of real estate is titled. The chancery clerk in Hattiesburg takes complete filings and keeps the court file, but the office cannot choose a route, draft a petition or give legal advice.
Sunset helps families start estate settlement by searching more than 2,300 financial institutions for accounts and assets, then organizing what was found so the attorney and the Forrest County filing packet start from a clearer picture.
Which court handles jurisdiction
Forrest County probate filings go to the Forrest County Chancery Clerk at the Paul B. Johnson Chancery Building, 641 North Main Street in Hattiesburg. The courthouse serves Hattiesburg, Petal and Forrest County communities including Brooklyn, McLaurin, Rawls Springs and Dixie.
Mississippi venue depends on the decedent's fixed place of residence. A will is proved and letters testamentary are granted by the chancery court of the county where the testator had a fixed place of residence, with the statute's fallback for devised land (Miss. Code Ann. § 91-7-1). Letters of administration for an intestate estate follow a different statutory ladder, beginning with the county where the intestate had a fixed place of residence (Miss. Code Ann. § 91-7-63). Chancery court is held in every Mississippi county (Miss. Code Ann. § 9-5-3(1)), and matters testamentary and of administration are chancery matters under Miss. Const. art. 6, § 159.
Forrest County shares Mississippi's 10th Chancery Court District with Lamar, Marion, Pearl River and Perry counties, which is how chancellors are assigned. It does not move a Forrest County filing to another county. If a Hattiesburg mailing address is involved, confirm the actual county before filing because neighboring Lamar County is part of the Hattiesburg metropolitan area and has its own chancery clerk in Purvis.
The jurisdiction process
- Gather the death certificate, the original will if there is one, asset information, debts, names of heirs and beneficiaries, and any deed or account title information needed to choose the estate settlement route.
- Check whether a court case is needed. If 30 days have passed and the entire probate estate is $75,000 or less in personal property, excluding liens and encumbrances, the small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the bank, employer or other holder and is not filed with any court. If there is a will devising Mississippi real estate, 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 evaluate muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, plan for full administration.
- Retain counsel for a full estate. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the appointment.
- The attorney prepares the petition. A petition to probate a will attaches a copy of the will as an exhibit under UCCR 6.15, and pleadings, accounts, inventories and reports filed by a fiduciary are personally signed and sworn under UCCR 6.14.
- File the opening papers on paper with the Forrest County Chancery Clerk at the Paul B. Johnson Chancery Building, 641 North Main Street, Hattiesburg, MS 39401, or use the clerk's mailing address, P.O. Box 951, Hattiesburg, MS 39401, if the clerk confirms that approach. The original will stays with the clerk under UCCR 9.03.
- Pay the court cost deposit with the petition. UCCR 9.01 requires the deposit at filing, and Miss. Code Ann. § 25-7-9, in the text effective until December 31, 2027, sets an $85.00 estate of deceased clerk fee plus $10.00, $40.00 and $5.00 statutory assessments, a $140.00 statutory floor. Forrest County publishes no total, so confirm the current amount with 601-545-6041.
- After filing, a new civil action in the 10th Chancery Court District is assigned by random computer assignment among the district's four chancellors and stays with the assigned chancellor unless transferred. Hearing settings and proposed orders are handled through the 10th Chancery Court administrator, not through the filing counter.
- The chancery court, or the chancery clerk in vacation, meaning between terms of court, subject to the court's approval, may take proof of the will, admit the will to probate in common form and grant letters testamentary or letters of administration under Miss. Code Ann. §§ 91-7-1, 91-7-63 and 9-5-141. The clerk's acts are not final until approved by the court under Miss. Code Ann. § 9-5-147.
- If a fiduciary is appointed, the 10th Chancery Court District requires a Certificate of Fiduciary and a Certificate of Attorney to be executed and filed at the time of appointment, and the attorney for the estate completes the district's procedural checklist for administration of an estate.
- After appointment, follow the creditor sequence. The executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to those identified, files the diligent-search affidavit, and only then publishes the notice to creditors for three consecutive weeks under 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, complete any inventory, accounting and local district requirements, then ask the court for approval of distribution and discharge when the estate is ready to close.
Executor duties
These are local additions from Mississippi's 10th Chancery Court District. They fall mainly on the attorney that Uniform Chancery Court Rule 6.02 requires the fiduciary to retain.
| Local requirement | Forrest County practice |
|---|---|
| Appointment certificates | In every probate matter in which a fiduciary is appointed, a Certificate of Fiduciary and a Certificate of Attorney must be executed and filed at the time the fiduciary is appointed. |
| Estate checklist | In estate matters, the attorney for the estate completes the district's procedural checklist for administration of an estate, initials the listed steps, and files it with the clerk. The published form is stamped as revised in December 2018. |
| Accountings | The district's policies say accountings are required every year or every three years, or as the chancellor decrees, in all probate matters unless specifically excused by order. Delinquent accountings may be set for a show cause hearing. |
| Restricted funds | If funds are deposited into a bank account associated with a restricted estate, the district requires a bank receipt and agreement to accept funds, executed by a bank representative and notarized, to be filed in the court file within five days of deposit under UCCR 6.03. |
| Signed orders | A signed order returned to the attorney, by mail or pickup, must be filed with the clerk within five days. |
Forms and documents
Probate forms in Forrest County
The Mississippi Judiciary publishes a chancery clerk cover sheet, and the Uniform Chancery Court Rules set content requirements for fiduciary filings, but the petition itself is drafted by the attorney required by Uniform Chancery Court Rule 6.02. Forrest County's chancery clerk does not publish a local probate form, small estate affidavit form or local probate instruction sheet.
| Form or filing item | Forrest County detail |
|---|---|
| Chancery clerk cover sheet | The Mississippi Judiciary links a chancery clerk cover sheet. Forrest County does not publish a local instruction saying when it is required, so confirm the cover sheet with the chancery clerk before filing. |
| Petition | The attorney drafts the petition. A petition to probate a will attaches a copy of the will as an exhibit under UCCR 6.15, and sworn fiduciary filings follow UCCR 6.14. |
| 10th Chancery Court District estate checklist | The district publishes an Attorney Checklist for Estates, captioned as a procedural checklist for administration of estate and stamped as revised December 2018. It is an attorney document, not a family fill-in packet. |
| Certificate of Fiduciary and Certificate of Attorney | The district publishes these forms and requires them when a fiduciary is appointed in a probate matter. |
| Bank receipt and agreement | The district publishes a bank acknowledgement form for funds deposited into restricted estate, guardianship or conservatorship accounts. |
| County clerk forms | The Forrest County Chancery Clerk's published forms are land-records materials, not decedent-estate forms. |
Timeline
- The 10th Chancery Court District's local rules say chancery court sits in continuous terms in each county of the district, including Forrest County. This means a Forrest County estate does not wait for a term of court to open, but it does not promise a hearing date.
- When a new Forrest County civil action is filed, it is assigned equally and randomly among the district's four chancellors by computer, and that assignment stays with the case unless transferred.
- Each September, the senior chancellor prepares and publishes a schedule of weekly dockets for all four chancellors for the coming year on chancery10th.com.
- The local rules direct attorneys and other parties to use chancery10th.com for settings, and to contact the court administrator for the assigned chancellor if a setting cannot be obtained there. The site currently asks people to contact the court administrator directly for court dates.
- Ex parte matters, Rule 81 returns and motions are heard on Monday mornings at 9:00 a.m., with overflow settings at 1:30 p.m. on Mondays as allowed by the chancellor.
- Court administrators will not set a motion for a given week after Wednesday at 5:00 p.m. of the previous week, except as the chancellor allows.
- Trials are scheduled on Tuesdays, Wednesdays and Thursdays at 9:00 a.m.
- Pre-trial conferences are held on Friday mornings beginning at 9:00 a.m., and settlement conferences are set on Fridays.
Local nuance
Forrest County-specific considerations
| Local point | Why it matters in Forrest County |
|---|---|
| Use the chancery building | Forrest County chancery filings go to the Paul B. Johnson Chancery Building at 641 North Main Street in Hattiesburg. The building called the Forrest County Courthouse is not the estate filing location. |
| Go to the second floor | The county directs chancery court filings to the second floor of the chancery building. Land records are handled separately in the same building. |
| Call the court department | The chancery clerk publishes separate numbers for recording, child support, passports, land records and court matters. Use 601-545-6041 for a court filing and say the call is about an estate. |
| Separate filing from scheduling | The petition and court cost deposit go to the Forrest County Chancery Clerk. Hearing settings and proposed orders are handled through the 10th Chancery Court District and its court administrator at 601-545-6079. |
| Do not use the county records service as a case lookup | The chancery clerk's online records service covers land records, delinquent tax redemption, board minutes and related county records. Estate case information is accessed through courts.ms.gov/mec or at the clerk's counter. |
| Local rules matter | The 10th Chancery Court District publishes local rules and policies, amended March 1, 2023, including continuous terms, random assignment and probate-specific requirements. |
| District estate forms apply | The district requires a Certificate of Fiduciary, Certificate of Attorney and attorney checklist when a fiduciary is appointed in an estate. |
| Video is conditional | The district's local rules allow video conferencing only subject to prior court approval for listed matter types. Ask before planning travel. |
| Fee total must be confirmed | Forrest County does not publish a chancery court fee total. Miss. Code Ann. § 25-7-9, effective until December 31, 2027, provides the $140.00 statutory floor, but the current amount should be confirmed with the clerk. |
| Check the county for a Hattiesburg address | Because venue follows the decedent's fixed place of residence under Miss. Code Ann. § 91-7-1, a Hattiesburg-area address should be checked for county before filing. |
Recent updates
| Date | Update |
|---|---|
| March 1, 2023 | The local rules of Mississippi's 10th Chancery Court District, which covers Forrest County, were amended by order of the Mississippi Supreme Court. |
| June 19, 2023 | Every Mississippi chancery court, including the Forrest County Chancery Court, came onto Mississippi Electronic Courts at courts.ms.gov/mec. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the current numbering for Rule 6.02 on attorney retention for a fiduciary. |
| June 30, 2025 | Mississippi completed the statewide rollout of electronic filing and case management across all trial courts, while estate cases still open with a paper filing at the chancery clerk's counter. |
| July 1, 2020 | The small estate affidavit ceiling became $75,000 under Miss. Code Ann. § 91-7-322, and muniment of title was rewritten under Miss. Code Ann. § 91-5-35. |
| January 1, 2026 | Mississippi's two legal aid providers moved to separate intake numbers. Mississippi Center for Legal Services serves Forrest County at 1-800-519-2915, with mslegalservices.org as the public legal information and directory site. |
Scenarios
| Situation | Likely Forrest County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed. If the house passes outside the estate and the remaining probate property is personal property within the $75,000 ceiling effective July 1, 2020 under Miss. Code Ann. § 91-7-322, the small estate affidavit may handle the rest without a Hattiesburg court filing. If a will devises the home and all known debts are paid, counsel can evaluate muniment of title under Miss. Code Ann. § 91-5-35, where the house itself does not count against the ceiling. | Sunset helps identify accounts, organize title information and prepare the attorney to choose the right estate settlement 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, the affidavit under Miss. Code Ann. § 91-7-322 is handed to the bank, employer or other holder, not filed in Hattiesburg. If letters are needed, a Mississippi attorney is required under Uniform Chancery Court Rule 6.02 and the petition is filed on paper with the Forrest County Chancery Clerk. | Sunset gathers account information and helps determine whether a court filing is really needed before travel is planned. |
| Parent settling a predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit does not transfer the house. Depending on whether there is a will and whether all known debts are paid, the route is either muniment of title under Miss. Code Ann. § 91-5-35 or full administration in the Forrest County Chancery Court. Counsel is required, and the chancellor fixes fiduciary compensation and attorney fees under Miss. Code Ann. § 91-7-299, with UCCR 6.12(B) barring fees based on real property value. | Sunset organizes property, debt and account information, then connects the family with a local probate attorney for the required filing. |
Self-help resources
Forrest County does not publish a probate clinic or a probate self-help center. Use the clerk for filing logistics, the 10th Chancery Court District's rules and forms for local practice, and mslegalservices.org to check whether civil legal help is available. The clerk and court staff cannot give legal advice.
| Resource | How it helps |
|---|---|
| Forrest County Chancery Clerk | 641 North Main Street, Hattiesburg, MS 39401. Mailing address P.O. Box 951, Hattiesburg, MS 39401. Court department phone 601-545-6041. Fax 601-545-6017. Open Monday through Friday, 8 am to 5 pm. Page: https://forrestcountyms.us/forrest-county-chancery-clerk/. |
| Mississippi's 10th Chancery Court District | https://chancery10th.com/. Publishes local rules, policies and procedures, forms, setting information and probate-specific district requirements for Forrest, Lamar, Marion, Pearl River and Perry counties. |
| 10th Chancery Court District local rules | https://courts.ms.gov/research/rules/chanceryrules/10thChyrecodification.pdf and https://chancery10th.com/local-rules/. The rules cover continuous terms, random assignment, settings and conditional video conferencing. |
| Forrest County Chancery Records Online | https://www.co.forrest.ms.us/. This service covers land records, delinquent tax redemption, board minutes and related county records. It is not the estate case lookup. |
| Mississippi Judiciary chancery court page | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php. Names the chancery court districts and links the chancery clerk cover sheet. |
| Uniform Chancery Court Rules | The rules govern Mississippi chancery practice, including attorney retention under UCCR 6.02, sworn fiduciary filings under UCCR 6.14, will exhibits under UCCR 6.15, cost deposits under UCCR 9.01 and original wills kept by the clerk under UCCR 9.03. |
| Mississippi Electronic Courts and PAMEC | https://courts.ms.gov/mec/mec.php. Attorneys file through MEC, and public read-only access uses PAMEC. Filed civil documents may be viewed at the clerk's office during business hours, with copy charges for copies. Helpdesk: [email protected] or 601-576-4650. |
| mslegalservices.org | Statewide public legal information site maintained by Mississippi's two legal aid providers, with a topic library, online legal forms and a directory searchable by service area at https://www.mslegalservices.org/find-legal-help/directory/area. |
| Mississippi Center for Legal Services, Hattiesburg office | Forrest County's legal aid provider. Intake: 1-800-519-2915. Office: 111 East Front Street, P.O. Drawer 1728, Hattiesburg, MS 39403, 601-545-2950. It handles civil matters for eligible households and may not take an estate administration matter. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps organize what the family finds, so the estate settlement plan is based on accounts, balances and property rather than guesses.
Generate the probate packet. Sunset helps collect the information an attorney needs for the petition, heirs, beneficiaries, creditor steps and local filing checklist used in Forrest County.
Find a local probate attorney. Mississippi requires an executor or administrator to retain counsel under Uniform Chancery Court Rule 6.02, and Sunset helps connect the family with a vetted attorney familiar with Mississippi chancery practice.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the Forrest County filing path and move from asset discovery to the right local help without paying Sunset.
Frequently asked questions
Where do I file probate in Forrest County?
File with the Forrest County Chancery Clerk at the Paul B. Johnson Chancery Building, 641 North Main Street, Hattiesburg, MS 39401. Mississippi chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159. The chancery court counter is on the second floor.
Do I file with the chancery clerk or the circuit clerk in Forrest County?
Use the Forrest County Chancery Clerk. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court under Miss. Const. art. 6, § 159, Miss. Code Ann. § 91-7-1 and Miss. Code Ann. § 91-7-63.
What does it cost to open an estate in Forrest County?
Forrest County does not publish a chancery court fee total. In the Miss. Code Ann. § 25-7-9 text effective until December 31, 2027, an estate of deceased has an $85.00 clerk fee plus $10.00, $40.00 and $5.00 statutory assessments, a $140.00 statutory floor. Call 601-545-6041 for the current total before filing.
When is the chancery clerk's office in Hattiesburg open?
The Forrest County Chancery Clerk publishes hours of Monday through Friday, 8 am to 5 pm. If you are traveling near a deadline, call the court department at 601-545-6041 before you go.
Do I need a lawyer to settle an estate in Forrest County?
For a full estate, yes unless the fiduciary is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02 requires the fiduciary to retain an attorney. The small estate affidavit under Miss. Code Ann. § 91-7-322 is different: if 30 days have passed and the probate estate is $75,000 or less in personal property, excluding liens and encumbrances, it is presented to the holder and needs no court filing and no attorney.
Can I file Forrest County estate paperwork online?
No for the opening filing by a family member. Attorneys file through Mississippi Electronic Courts at courts.ms.gov/mec, but every estate opens with a conventional paper filing at the chancery clerk's counter, and a person without counsel may not file electronically.
How do I look up a Forrest County estate case?
Use Mississippi Electronic Courts and PAMEC at courts.ms.gov/mec for remote public access with a registered account. Filed civil documents may also be viewed at the Forrest County Chancery Clerk's office during business hours. The county's online records service is for land records and related county records, not estate case files.
Does Forrest County have its own probate forms?
The Forrest County Chancery Clerk publishes no local probate form of its own. The 10th Chancery Court District publishes estate forms for attorneys, including an estate checklist, Certificate of Fiduciary and Certificate of Attorney, and the Mississippi Judiciary publishes a chancery clerk cover sheet to confirm with the clerk.
Can I attend a Forrest County chancery hearing by video?
The 10th Chancery Court District's local rules say video conferencing is available, subject to prior court approval, for temporary hearings, motion hearings, settlement conferences, minor settlements and other ex parte matters. Whether a particular estate matter qualifies is up to the assigned chancellor under Miss. Const. art. 6, § 159, so ask before making travel plans.
Will I have to travel to Hattiesburg?
Not always. A qualifying small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the holder of personal property and is not filed at the courthouse. If letters testamentary or letters of administration are needed, the filing is in Hattiesburg and the attorney can ask the court about settings and any approved video option.
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.