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Greene County, MS Probate Information
Quick facts
| Topic | Greene County details |
|---|---|
| Court | Greene County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159. |
| Probate filings go to | Greene County Chancery Clerk, Greene County Courthouse, 400 Main Street, Leakesville, MS 39451. |
| Mailing address | P.O. Box 610, Leakesville, MS 39451. |
| Phone | 601-394-2377. |
| Fax | 601-394-4445. |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday. No separate filing cutoff or midday closure is published for chancery filings. |
| Filing fee | Call the chancery clerk for the current estate total. Under the Miss. Code Ann. § 25-7-9 text effective until December 31, 2027, opening an estate includes 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. |
| 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 during 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 | Greene County's forms page does not list a local estate packet, local instruction sheet, or local small estate affidavit under Miss. Code Ann. § 91-7-322. Use the statewide chancery clerk cover sheet and the petition prepared by counsel. |
| E-filing | Attorneys file through Mississippi Electronic Courts after a case begins. A self-represented party may have read-only PAMEC access but may not file electronically; an estate starts with paper presented at the chancery clerk's counter. See courts.ms.gov/mec. |
| Case search | Use MEC and PAMEC through courts.ms.gov/mec for estate case access. Remote PAMEC access requires a registered account; civil documents can be viewed at the chancery clerk's office during regular business hours. |
| Remote appearance | Ask the Greene County Chancery Clerk how the chancellor handles phone or video requests in the 16th Chancery Court District. The district's annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| County website | https://www.greenecountyms.gov/ |
Before you begin — know the assets and liabilities
Before you choose a Greene County filing path, list the assets, debts, account holders, real property, beneficiaries, and whether an original will exists. Mississippi separates a no-court personal-property affidavit from muniment of title and from full administration, so the asset list drives the estate settlement plan.
Sunset's 2,300-institution asset discovery helps families find accounts and property before counsel prepares a chancery filing. That work makes the Greene County estate settlement cleaner, especially when the family is not sure whether letters are needed.
Which court handles jurisdiction
Probate for Greene County is filed with the Greene County Chancery Clerk at the Greene County Courthouse, 400 Main Street, Leakesville, Mississippi. The Greene County Chancery Court is the local chancery court for estates because Mississippi gives chancery courts jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159).
For a will, Mississippi 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 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, the venue ladder is different and starts with the county where the intestate had a fixed place of residence (Miss. Code Ann. § 91-7-63).
Greene County is in Mississippi's 16th Chancery Court District with George and Jackson counties. That district assigns chancellors; it does not move a Greene County estate filing out of Leakesville. Mississippi law provides that chancery court is held in each county (Miss. Code Ann. § 9-5-3(1)).
The jurisdiction process
- Gather the death certificate, the original will if there is one, the asset list, creditor information, and the names and addresses of heirs and devisees.
- Choose the route. A $75,000 small estate affidavit, effective July 1, 2020, may be used under Miss. Code Ann. § 91-7-322 after 30 days when the entire probate estate is within the statute and consists of personal property. Muniment of title may fit when there is a will devising Mississippi real property and the requirements of Miss. Code Ann. § 91-5-35 are met. Otherwise, use full administration.
- For a full estate, 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 fiduciary pleadings are personally signed and sworn by the fiduciary (UCCR 6.14).
- File on paper with the Greene County Chancery Clerk at 400 Main Street in Leakesville, using the chancery clerk cover sheet and the court cost deposit required by UCCR 9.01 and Miss. Code Ann. § 25-7-9. The original will stays in the clerk's custody under UCCR 9.03.
- The chancery court, or the chancery clerk in vacation subject to court approval, admits the will in common form and grants letters testamentary or grants letters of administration when the statutory requirements are met (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147).
- Give 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 (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, account as required, distribute under court order, and seek a final decree of distribution and discharge.
Forms and documents
Probate forms in Greene County
Mississippi does not provide a statewide estate-packet set for families to fill out on their own. The Mississippi Judiciary links a statewide chancery clerk cover sheet, and the Uniform Chancery Court Rules set content requirements, including a will exhibit for a will petition and sworn fiduciary pleadings.
Greene County's forms page does not list a local estate petition, local instruction sheet, or local small estate affidavit under Miss. Code Ann. § 91-7-322. For full administration, the petition is prepared by the attorney required by UCCR 6.02.
| Form or document | How it works in Greene County |
|---|---|
| Chancery clerk cover sheet | Use with the paper filing at the Greene County Chancery Clerk's counter. |
| Petition for letters testamentary or letters of administration | Prepared by counsel for filing in the Greene County Chancery Court, which has probate jurisdiction under Miss. Const. art. 6, § 159. |
| Original will | Delivered to the clerk for custody; the original will is kept by the clerk under UCCR 9.03. |
| Local Greene County estate forms | The county's listed forms do not include a local estate packet or local probate instruction sheet. |
Local nuance
Greene County-specific considerations
| Local point | What it means |
|---|---|
| Use the chancery address, not the general county footer | For estate filings, use the Greene County Courthouse address tied to the chancery court and chancery clerk: 400 Main Street, Leakesville, MS 39451, with phone 601-394-2377. A separate general county contact appears elsewhere on the county site, but it is not the chancery filing counter. |
| The Greene County online portal is for land records | The Greene County Chancery Records Online portal describes access to the index of Greene County land records. Do not use it as the case lookup for an estate. For estate case access, use MEC and PAMEC through courts.ms.gov/mec or view civil documents at the chancery clerk's office during business hours. |
Recent updates
| Date | Change |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including Greene County's, were on Mississippi Electronic Courts. The statewide trial-court rollout finished June 30, 2025. See courts.ms.gov/mec. |
| July 1, 2020 | The $75,000 small estate affidavit amount took effect 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 the fiduciary attorney rule in UCCR 6.02. |
| January 1, 2026 | Mississippi's two civil legal aid providers moved to separate intake hotlines. Mississippi Center for Legal Services serves Greene County at 1-800-519-2915, with the directory at mslegalservices.org. |
Scenarios
| Scenario | Likely Greene County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | First determine how the home is titled. If the home passes outside the estate and the remaining probate assets are personal property within the $75,000 amount effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 may settle those assets without a Greene County court filing. If a will devises the home and all known debts are paid, counsel may consider muniment of title under Miss. Code Ann. § 91-5-35. | Sunset helps find accounts, organize title questions, and prepare the information counsel needs for estate settlement. |
| Out-of-state adult child w/ small estate | If 30 days have passed and the probate estate is within Miss. Code Ann. § 91-7-322, the affidavit is presented to the bank, employer, or other holder, not filed in Leakesville. If letters are needed, the child must work with a Mississippi attorney under UCCR 6.02 and can ask the clerk how the chancellor handles phone or video requests. | Sunset helps identify whether letters are needed, build the asset list, and connect the family with Mississippi counsel. |
| 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 house. If there is a will and debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be an option; otherwise, full administration in Greene County Chancery Court is the likely path. The chancellor fixes fiduciary compensation and attorney fees under Miss. Code Ann. § 91-7-299, and UCCR 6.12(B) says fees may not be based on the value of real property. | Sunset assembles asset information, helps generate a probate packet for counsel, and connects the family with a local probate attorney for the required filing. |
Self-help resources
| Resource | How to use it |
|---|---|
| Greene County Chancery Clerk | Call 601-394-2377 for filing logistics, current estate filing totals under Miss. Code Ann. § 25-7-9, and how the 16th Chancery Court District handles scheduling and phone or video requests. The clerk is not a legal adviser. |
| Greene County website | Use https://www.greenecountyms.gov/ for county office pages. The forms page does not list a local estate packet, and the records portal is for land records rather than estate case access. |
| Mississippi Center for Legal Services | Greene County is served by the Hattiesburg office area. Call 1-800-519-2915 or use mslegalservices.org to check eligibility. Legal aid may not take estate administration matters. |
| mslegalservices.org | Use the directory by service area and the legal information library. It is the public site maintained by Mississippi's civil legal services providers. |
| Mississippi Judiciary chancery court page | Use the chancery court page for district information and the statewide chancery clerk cover sheet. Mississippi chancery courts have estate jurisdiction under Miss. Const. art. 6, § 159. |
| Uniform Chancery Court Rules | Use the rules to understand fiduciary requirements, including UCCR 6.02 for counsel and UCCR 9.03 for original wills. |
| MEC and PAMEC | Use courts.ms.gov/mec for Mississippi Electronic Courts and PAMEC access. Remote PAMEC access requires registration; civil documents can be viewed at the chancery clerk's office during regular business hours. |
When to hire an attorney
In a Greene County full estate, Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or law firm during the entire appointment, and the chancellor fixes the attorney's fee. The practical exception for many families is not a court exception: the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is not filed with the court and needs no attorney. If cost is the barrier, Mississippi Center for Legal Services at 1-800-519-2915 and mslegalservices.org are the eligibility check for Greene County, though legal aid may not take estate administration matters. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, investment accounts, insurance, debts, and other assets before the Greene County estate settlement plan is chosen.
Generate the probate packet. Sunset organizes the family information, asset list, debts, and documents a Mississippi attorney needs to prepare the chancery petition, cover sheet, and supporting materials.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary in a full Mississippi estate to retain counsel unless personally licensed in Mississippi, Sunset connects the family with a vetted attorney who handles Greene County probate filings.
Sunset is free for families. Sunset is paid by providers, not by grieving families, so families can get estate settlement guidance, asset discovery, document organization, and attorney connections without paying Sunset.
Frequently asked questions
Where do I file probate in Greene County, Mississippi?
File a Greene County estate with the Greene County Chancery Clerk at the Greene County Courthouse, 400 Main Street, Leakesville, MS 39451. The Greene County Chancery Court has probate jurisdiction under Miss. Const. art. 6, § 159.
Is Greene County in the 16th Chancery Court District?
Yes. Greene County is in Mississippi's 16th Chancery Court District with George and Jackson counties. That district assigns chancellors, but a Greene County estate is filed in Leakesville. Venue for a will starts with the decedent's fixed place of residence under Miss. Code Ann. § 91-7-1, and the intestate venue ladder is in Miss. Code Ann. § 91-7-63.
Can I e-file a Greene County estate?
The opening estate filing is presented on paper at the chancery clerk's counter. After a case begins, attorneys file through MEC. A self-represented party may use PAMEC for read-only access but may not file electronically unless that party is an attorney admitted to practice. See courts.ms.gov/mec.
How do I look up a Greene County estate case?
Use MEC and PAMEC through courts.ms.gov/mec for estate case access, or view civil documents at the Greene County Chancery Clerk's office during regular business hours. The Greene County online records portal is a land-records index and should not be used as the estate case lookup.
Does Greene County publish local probate forms?
Greene County's forms page does not list a local estate packet, local instruction sheet, or local small estate affidavit under Miss. Code Ann. § 91-7-322. Use the chancery clerk cover sheet, and for a full estate the attorney required by UCCR 6.02 prepares the petition.
What is the filing fee for a Greene County estate?
Call the Greene County Chancery Clerk for the current estate total. Under the Miss. Code Ann. § 25-7-9 text effective until December 31, 2027, the statutory floor is $140.00, made up of an $85.00 clerk fee plus $10.00, $40.00 and $5.00 statutory assessments.
Can I use a small estate affidavit in Greene County?
If at least 30 days have passed and the personal-property probate estate is within the $75,000 amount effective July 1, 2020, Miss. Code Ann. § 91-7-322 may allow a successor to present an affidavit to the person or institution holding the property. The affidavit is not filed with the Greene County Chancery Clerk.
Do I have to travel to Leakesville for a Greene County probate?
The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the holder of personal property, not filed at the courthouse. If letters testamentary or letters of administration are needed under Miss. Code Ann. § 9-5-141, a Mississippi attorney is required by UCCR 6.02, and the family should ask the Greene County Chancery Clerk how the chancellor handles any phone or video request.
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.