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Hancock County, MS Probate Information
Quick facts
| Item | Hancock County information |
|---|---|
| Court | Hancock County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Hancock County Chancery Clerk, Court Office, 152 Main Street, Suite A, Bay St. Louis, MS 39520. Phone: 228-467-5406. |
| Courthouse address | 152 Main Street, Suite A, Bay St. Louis, MS 39520. |
| Mailing | Use 152 Main Street, Suite A, Bay St. Louis, MS 39520 unless the Hancock County Chancery Clerk gives a different mailing instruction. |
| Hours | Monday through Friday, 8:00 am to 5:00 pm. No separate filing cutoff is published for the Court Office. |
| Filing fee | Hancock County does not publish a county total on its chancery clerk page. Under the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 sets a floor of $140.00 for opening an estate: $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments. Confirm the current amount with the clerk before paying. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires an executor or administrator, as fiduciary, to retain an attorney unless that person is licensed to practice law in Mississippi. 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 | Mississippi uses a statewide chancery clerk cover sheet and the Uniform Chancery Court Rules. Hancock County does not publish a local probate form or instruction sheet on its chancery clerk page. |
| E-filing | Attorneys file through Mississippi Electronic Courts after a case is opened. A self-represented person may have read-only PAMEC access but may not file electronically. Every estate opens with a paper filing at the chancery clerk's counter. Start at https://courts.ms.gov/mec/mec.php. |
| Case search | MEC and PAMEC are the statewide access points at https://courts.ms.gov/mec/mec.php. Remote access requires a registered PAMEC 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 Hancock County Chancery Clerk's Court Office. Permission depends on the chancellor and 8th Chancery Court District practice, and district term orders are posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Website | https://www.hancockcounty.ms.gov/213/Chancery-Clerk |
Before you begin — know the assets and liabilities
Before you file anything in Hancock County, make a working list of the estate's accounts, real property, debts, beneficiaries and likely title problems. That first inventory shapes the estate settlement path, including whether the family can use a non-court affidavit, a muniment of title filing, or a full chancery estate.
Sunset's asset discovery searches more than 2,300 financial institutions, which helps families avoid opening the wrong estate settlement or missing an account after the Hancock County case has already started.
Which court handles jurisdiction
Probate for Hancock County is filed with the Hancock County Chancery Clerk at the Hancock County Courthouse, 152 Main Street, Suite A, Bay St. Louis, MS 39520. The same courthouse also has a circuit clerk in Suite B, but Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court (Miss. Const. art. 6, § 159; Miss. Code Ann. § 9-5-141).
Hancock County covers Bay St. Louis and communities including Waveland and Diamondhead. If there is a will, venue is generally the chancery court of the county where the testator had a fixed place of residence, with a land-based fallback if there was no fixed place of residence (Miss. Code Ann. § 91-7-1). If there is no will, the letters of administration statute uses its own venue ladder, starting with the county where the intestate person had a fixed place of residence (Miss. Code Ann. § 91-7-63).
Hancock County is in Mississippi's 8th Chancery Court District with Harrison and Stone counties. That chancery court district assigns chancellors and court terms; it does not move a Hancock County filing to another county. 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, a list of assets and debts, and the names and addresses of heirs, devisees and known creditors.
- Choose the route. If 30 days have passed and the entire probate estate is $75,000 or less in personal property, excluding liens and encumbrances, the successor may present a small estate affidavit to the holder of the property without filing it in court (Miss. Code Ann. § 91-7-322, effective July 1, 2020). If there is a will, 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, muniment of title may be available (Miss. Code Ann. § 91-5-35). Otherwise, use full administration.
- For a full estate, retain an 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 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, accounts, inventories and reports must be personally signed and sworn by the fiduciary (UCCR 6.14).
- File the paper opening documents at the Hancock County Chancery Clerk's Court Office, 152 Main Street, Suite A, Bay St. Louis, with the chancery clerk cover sheet and the court cost deposit. Under the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 sets a $140.00 floor for an estate filing, and UCCR 9.01 allows the clerk to require the court cost deposit at filing. The original will stays with the clerk under UCCR 9.03.
- The chancery court, or the chancery clerk in vacation, which means between court terms, may admit the will in common form and grant letters testamentary or letters of administration (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141). Any act by the clerk is subject to court approval and is not final until approved by the court (Miss. Code Ann. § 9-5-147).
- Handle bond if required. Mississippi law requires the executor's oath and a bond approved by the court or the clerk, but the specific bond decision is made in the case (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 must have claims probated and registered with the clerk within 90 days after the first publication, or the claims are barred (Miss. Code Ann. § 91-7-151).
- The personal representative, through counsel, administers assets, pays allowed debts and taxes, prepares any required accountings, seeks the final decree, distributes property, and obtains discharge from the chancery court.
Forms and documents
Probate forms in Hancock County
Mississippi uses a statewide chancery clerk cover sheet and the Uniform Chancery Court Rules, but it does not provide a ready-made probate packet for every estate. In a full Hancock County estate, the petition is drafted by the attorney that UCCR 6.02 requires.
Hancock County does not publish a local probate form, small estate affidavit form, or probate instruction sheet on its chancery clerk page. The clerk's page says the office is unable to provide documents or legal services to the public, so call the Court Office for filing logistics, not for legal drafting.
For a will, UCCR 6.15 requires a copy of the will to be attached as an exhibit to the petition, and UCCR 9.03 requires the clerk to keep original wills safely in the clerk's office.
Local nuance
Hancock County-specific considerations
| Local point | Why it matters |
|---|---|
| Use Suite A | The Hancock County Chancery Clerk is at 152 Main Street, Suite A, Bay St. Louis, MS 39520. The circuit clerk is a separate office in Suite B. Estate filings go to Suite A. |
| Call the Court Office line | For estate questions about filing logistics, call 228-467-5406. The same chancery clerk also has a land-records line, 228-467-5404, but that is not the court office number for an estate filing. |
| The clerk cannot provide legal services | The Hancock County Chancery Clerk's page says the office is unable to provide documents or legal services. That fits Mississippi's rule that a fiduciary in a full estate must retain an attorney under UCCR 6.02. |
| Parcel Watch is not a case lookup | Hancock County's Parcel Watch tool is for land records. For chancery case access, use MEC and PAMEC at https://courts.ms.gov/mec/mec.php, or view filed civil documents at the clerk's office during regular business hours. |
Recent updates
| Date | Change |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including Hancock County's, were implemented in Mississippi Electronic Courts. The statewide trial court rollout finished June 30, 2025. Start at https://courts.ms.gov/mec/mec.php. |
| July 1, 2020 | The small estate affidavit amount became $75,000 under Miss. Code Ann. § 91-7-322, and muniment of title was rewritten under Miss. Code Ann. § 91-5-35. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the fiduciary rules used in estate matters. |
| January 1, 2026 | Mississippi's two legal help providers began using separate intake hotlines. Hancock County's provider, Mississippi Center for Legal Services, uses 1-800-519-2915, and the statewide directory is at mslegalservices.org. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Hancock 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 personal property is $75,000 or less, 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 home and all known debts are paid, a muniment of title petition may be filed with the Hancock County Chancery Clerk under Miss. Code Ann. § 91-5-35. | Sunset helps identify accounts, title questions and whether estate settlement needs a Hancock County 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 successor presents the affidavit to the bank, employer or other holder under Miss. Code Ann. § 91-7-322. If letters are needed, a Mississippi attorney is required under UCCR 6.02 and the paper petition is filed in Bay St. Louis. | Sunset can organize assets, generate the family information needed for the attorney, and help avoid unnecessary travel when the estate settlement can be handled by affidavit. |
| 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 debts are paid, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, full administration is filed with the Hancock County Chancery Clerk, and the chancellor fixes compensation without basing fees on real property value (Miss. Code Ann. § 91-7-299; UCCR 6.12(B); Miss. Const. art. 6, § 159). | Sunset finds the financial accounts, prepares the estate settlement packet, and connects the family with a Mississippi probate attorney for the required court filing. |
Self-help resources
| Resource | How it helps in Hancock County |
|---|---|
| Hancock County Chancery Clerk | 152 Main Street, Suite A, Bay St. Louis, MS 39520. Court Office phone: 228-467-5406. Hours: Monday through Friday, 8:00 am to 5:00 pm. The office takes chancery filings and can answer filing-logistics questions, but it cannot provide documents or legal services. |
| Mississippi Judiciary chancery court page | Lists the chancery court districts and links the statewide chancery clerk cover sheet. Mississippi chancery courts handle estate matters under Miss. Const. art. 6, § 159. |
| Uniform Chancery Court Rules | These rules govern Mississippi fiduciary matters, including UCCR 6.02 for attorney retention, UCCR 6.15 for attaching a will copy to the petition, and UCCR 9.03 for original wills. |
| Mississippi Electronic Courts and PAMEC | Use https://courts.ms.gov/mec/mec.php for MEC and PAMEC information. Attorneys file through MEC after the case is opened, remote public access is read-only through PAMEC, and free viewing is available at the clerk's office during regular business hours. |
| mslegalservices.org | Statewide public legal information site with a directory searchable by service area. It is the place to check which income-restricted legal help provider serves the county. |
| Mississippi Center for Legal Services, Gulfport office | Hancock County is served by Mississippi Center for Legal Services through the Gulfport office. Intake hotline: 1-800-519-2915. Services are income-restricted, and the organization may not take an estate administration matter, so use it to check eligibility rather than assuming representation. |
When to hire an attorney
In a full Hancock County estate, retaining counsel is a rule, not just a recommendation. 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 fee. The important exception for families is not a court case at all: the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is presented to the holder of personal property and needs no attorney. A family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 and mslegalservices.org, although it may not take estate matters. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps build the asset picture before the Hancock County estate settlement path is chosen.
Generate the probate packet. Sunset organizes the family details, assets, debts and documents an attorney needs to prepare the Hancock County chancery filing or to decide whether a non-court affidavit is enough.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary in a full Mississippi estate to retain counsel, Sunset helps families connect with a vetted attorney who handles Hancock County probate.
Sunset is free for families. Sunset helps with estate settlement tasks without charging families for the platform, so you can focus spending on required court costs, counsel and administration expenses.
Frequently asked questions
Where do I file probate in Hancock County?
File a Hancock County estate with the Hancock County Chancery Clerk at 152 Main Street, Suite A, Bay St. Louis, MS 39520. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). Do not take an estate filing to the circuit clerk in Suite B.
What phone number should I call for a Hancock County estate?
Call the Hancock County Chancery Clerk's Court Office at 228-467-5406. The same office has a separate land-records line, but the Court Office line is the one to use for estate filing logistics.
Can I e-file a Hancock County estate?
Attorneys file through Mississippi Electronic Courts after the case is opened, but every estate begins with a paper filing at the chancery clerk's counter. A self-represented person may have read-only PAMEC access but may not file electronically. MEC and PAMEC information is at https://courts.ms.gov/mec/mec.php.
Does the Hancock County Chancery Clerk have probate forms?
Hancock County does not publish a local probate form or instruction sheet on its chancery clerk page. Mississippi uses a statewide chancery clerk cover sheet and the Uniform Chancery Court Rules, and a full estate petition is prepared by the attorney required under UCCR 6.02.
How much is the filing fee for a Hancock County estate?
Hancock County does not publish a county total on its chancery clerk page. Under the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 sets a $140.00 floor for an estate filing, made up of $85.00 plus $10.00, $40.00 and $5.00 in statutory assessments. Confirm the current amount with the clerk before filing.
Can the Hancock County clerk help me prepare the petition?
No. The Hancock County Chancery Clerk's page says the office is unable to provide documents or legal services. In a full estate, the executor or administrator is a fiduciary and must retain an attorney under UCCR 6.02 unless licensed to practice law in Mississippi.
Can I use a small estate affidavit in Hancock County?
Yes, if the statewide requirements are met. After 30 days, a successor may present the affidavit to the holder of personal property when the entire probate estate is $75,000 or less, excluding liens and encumbrances, under Miss. Code Ann. § 91-7-322, effective July 1, 2020. The affidavit is not filed at the courthouse.
Can I attend a Hancock County hearing by phone or video?
Ask the Hancock County Chancery Clerk's Court Office before any hearing. Permission depends on the chancellor and 8th Chancery Court District practice, and term orders are posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2).
How do I look up a Hancock County chancery case?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote viewing requires a registered PAMEC account and fees may apply. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours.
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.