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Holmes County, MS Probate Information
Quick facts
| Item | Holmes County details |
|---|---|
| Court | Holmes County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Holmes County Chancery Clerk, 662-834-2508. |
| Chancery court district | Mississippi's 11th Chancery Court District, with Holmes, Leake, Madison and Yazoo counties. The district assigns chancellors, but the Holmes County case is filed in Lexington. |
| Courthouse address | 2 Court Square, Lexington, MS 39095. |
| Mailing address | P.O. Box 1211, Lexington, MS 39095. |
| Phone | 662-834-2508. |
| Fax | 662-834-1872. |
| Hours | Holmes County does not post chancery clerk hours online. Call 662-834-2508 before visiting, especially if a filing date is close. |
| Filing fee | Holmes County posts a land-recording fee sheet, but not an estate case filing amount. In the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 accounts for a $140.00 floor for opening an estate: $85.00 plus $10.00, $40.00 and $5.00 in statutory assessments. Call the chancery clerk before writing the check. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires an executor or administrator, as a fiduciary, to retain an attorney unless that fiduciary is licensed to practice law in Mississippi. A $75,000 small estate affidavit, effective July 1, 2020, is presented to the holder under Miss. Code Ann. § 91-7-322 and is not a chancery court filing. |
| Local forms | Holmes County does not post a local estate form, small estate affidavit form or probate instruction sheet. Mississippi provides a chancery clerk cover sheet and the Uniform Chancery Court Rules, and the petition is prepared by the attorney Rule 6.02 requires. |
| E-filing | Attorneys file through Mississippi Electronic Courts. A person without a lawyer may have read only PAMEC access and may not file electronically. Each estate begins 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 reached through https://courts.ms.gov/mec/mec.php. Remote PAMEC viewing requires a registered account and fees apply. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours. |
| Remote appearance | Ask the Holmes County Chancery Clerk. Remote attendance depends on the chancellor and 11th Chancery Court District practice, and the district's annual term order is posted in the chancery clerk's office. |
| Website | https://holmescountyms.org/chancery-clerk |
Before you begin — know the assets and liabilities
Before you call the Holmes County Chancery Clerk or an attorney, make a practical inventory of what the person owned, what is titled only in that person's name, what debts are known, and whether there is an original will. That first asset list determines whether the estate settlement stays outside the courthouse through a Miss. Code Ann. § 91-7-322 affidavit, uses muniment of title under Miss. Code Ann. § 91-5-35, or needs a full chancery case.
Sunset's estate settlement tools search across more than 2,300 financial institutions to help families find accounts, insurance, investments and other assets before a petition is prepared. That work is especially useful in Holmes County because the clerk does not post estate filing hours, local estate forms or an estate fee amount online, so arriving with a clear packet matters.
Which court handles jurisdiction
Probate for Holmes County is filed with the Holmes County Chancery Clerk at 2 Court Square in Lexington, with mail sent to P.O. Box 1211, Lexington, MS 39095. The Holmes County Chancery Court serves Lexington and the surrounding Holmes County communities.
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 (Miss. Code Ann. § 91-7-1). Letters of administration for an intestate estate use a related but different county ladder (Miss. Code Ann. § 91-7-63). Chancery court is held in every Mississippi county (Miss. Code Ann. § 9-5-3(1)), and Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court.
Holmes County is in Mississippi's 11th Chancery Court District with Leake, Madison and Yazoo counties. That district structure assigns chancellors and court terms; it does not move a Holmes County filing away from Lexington.
The jurisdiction process
- Gather the death certificate, the original will if there is one, account information, deed information and a list of known debts.
- Choose the route. If the entire probate estate is $75,000 or less, excluding liens and encumbrances, and 30 days have passed, a successor may present a small estate affidavit to the bank, employer or other holder under Miss. Code Ann. § 91-7-322. If the decedent left a will and Mississippi real property, all known debts are paid, and the non-real, non-exempt probate estate is within the § 91-7-322 sum, the attorney may consider muniment of title under 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 pleadings, accounts, inventories and reports filed by a fiduciary must be personally signed and sworn by that fiduciary (UCCR 6.14).
- File on paper with the Holmes County Chancery Clerk at 2 Court Square in Lexington, or mail the packet to P.O. Box 1211, Lexington, MS 39095. Include the chancery clerk cover sheet and the court cost deposit required by UCCR 9.01. In the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 accounts for a $140.00 floor, made up of $85.00 plus $10.00, $40.00 and $5.00 in statutory assessments, but you should call 662-834-2508 for the current Holmes County amount before writing the check.
- Leave the original will with the clerk. The Uniform Chancery Court Rules require original wills to be kept securely in the clerk's office unless a chancellor orders otherwise (UCCR 9.03).
- The chancery court, or the chancery clerk in vacation subject to court approval, 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). The clerk's act is not final until approved by the court (Miss. Code Ann. § 9-5-147).
- Address bond if the court or clerk requires it. Mississippi law requires the executor's oath and a bond approved by the court or clerk, but the amount and surety issues belong in the petition and order for the specific estate (Miss. Code Ann. § 91-7-41).
- After appointment, the executor or administrator makes reasonably diligent efforts to identify creditors, mails required notices, 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 (Miss. Code Ann. § 91-7-151). The fiduciary then handles inventory, debts, taxes, accounting, distribution and discharge under the chancellor's orders.
Forms and documents
Probate forms in Holmes County
Holmes County does not post a local estate form, small estate affidavit form or probate instruction sheet. The county's posted fee document is for land recording, not estate case filings.
For a full estate, the petition is drafted by the attorney that Uniform Chancery Court Rule 6.02 requires for a fiduciary. Mississippi provides a chancery clerk cover sheet and the Uniform Chancery Court Rules set filing content, including the will exhibit requirement in UCCR 6.15 and sworn fiduciary filing rule in UCCR 6.14.
| Form or document | How it applies in Holmes County |
|---|---|
| Chancery clerk cover sheet | Use the Mississippi chancery clerk cover sheet with a paper filing at the Holmes County Chancery Clerk's office. |
| Petition to probate a will or for administration | Prepared by the attorney required under UCCR 6.02 and filed on paper in Lexington. |
| Original will | Filed physically with the chancery clerk and kept in the clerk's office under UCCR 9.03. |
| Small estate affidavit | Holmes County does not post its own form. If the Miss. Code Ann. § 91-7-322 requirements are met, the affidavit is presented to the property holder rather than filed with the chancery court. |
| Muniment of title petition | Used only when the requirements of Miss. Code Ann. § 91-5-35 are met, including a will, Mississippi real property and paid known debts. |
Local nuance
Holmes County-specific considerations
| Local point | What to do |
|---|---|
| Use the live county site | Use https://holmescountyms.org/chancery-clerk for the Holmes County Chancery Clerk. |
| Use the chancery clerk mailing address | Mail estate filings to P.O. Box 1211, Lexington, MS 39095. Do not use another county office's mailing box for the chancery clerk. |
| Fax is available | The chancery clerk lists fax 662-834-1872. Call before faxing anything that affects a filing deadline. |
| Hours are not posted online | Call 662-834-2508 before visiting the courthouse in Lexington. |
| The posted fee sheet is for land recording | Do not use the land-recording prices as an estate filing amount. Ask the chancery clerk for the current estate cost deposit, and use Miss. Code Ann. § 25-7-9 as the statutory fee anchor. |
| Legal aid mapping is easy to get wrong | Holmes County is served by North Mississippi Rural Legal Services through its Greenville office. Use mslegalservices.org and the NMRLS intake number, 1-800-898-8731. |
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | Every Mississippi chancery court, including Holmes County's, was implemented in Mississippi Electronic Courts. The statewide court technology rollout finished June 30, 2025. MEC and PAMEC information is at https://courts.ms.gov/mec/mec.php. |
| July 1, 2020 | The small estate affidavit amount 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. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the Rule 6.02 fiduciary attorney requirement. |
| January 1, 2026 | North Mississippi Rural Legal Services and Mississippi Center for Legal Services began using separate intake hotlines. Holmes County is served by North Mississippi Rural Legal Services at 1-800-898-8731; Mississippi Center for Legal Services uses 1-800-519-2915. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Holmes 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 Miss. Code Ann. § 91-7-322 affidavit may settle the rest by presentation to the holder after 30 days. If a will devises the home and known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be the court route, and the house itself is not counted against that ceiling. | Sunset helps identify accounts, debts and title issues before the family decides whether the estate settlement needs a Holmes County filing. |
| Out-of-state adult child with a small estate | If the § 91-7-322 requirements are met, the affidavit is handed to the bank, employer or other holder and is not filed in Lexington. If letters are needed, a Mississippi attorney must be retained under UCCR 6.02 and the petition is filed on paper with the Holmes County Chancery Clerk. | Sunset can organize the asset list, generate a probate packet for attorney review and help coordinate next steps without guesswork. |
| Parent settling predeceased child's estate, home must be sold | The § 91-7-322 affidavit cannot transfer the house. If there is a will and the Miss. Code Ann. § 91-5-35 requirements are met, muniment of title may fit. Otherwise, expect full administration in the Holmes County Chancery Court. The chancellor fixes fiduciary compensation and attorney fees under Miss. Code Ann. § 91-7-299, and fees may not be based on the value of real property under UCCR 6.12(B). | Sunset helps find the assets, prepare the family for the attorney conversation and connect the family with a vetted local probate attorney. |
Self-help resources
Holmes County does not have a posted probate self-help center. Use the chancery clerk for filing logistics, the Mississippi Judiciary and Uniform Chancery Court Rules for court materials, MEC and PAMEC for case access, and mslegalservices.org to check legal aid options if paying for counsel is difficult.
| Resource | How it helps |
|---|---|
| Holmes County Chancery Clerk | 2 Court Square, Lexington, MS 39095. Mail: P.O. Box 1211, Lexington, MS 39095. Phone: 662-834-2508. Fax: 662-834-1872. The clerk accepts filings and keeps chancery and land records, but cannot give legal advice. |
| Mississippi Judiciary chancery court page | Lists the chancery court districts and links the chancery clerk cover sheet: https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php. |
| Uniform Chancery Court Rules | Use the rules to understand fiduciary filings. UCCR 6.02 requires attorney retention, UCCR 9.01 addresses the cost deposit, and UCCR 9.03 addresses original wills. |
| Mississippi Electronic Courts and PAMEC | Start at https://courts.ms.gov/mec/mec.php. Attorneys file through MEC. A person without a lawyer may have read only PAMEC access. Free viewing of filed civil documents is available at the clerk's office during regular business hours. MEC helpdesk: 601-576-4650. |
| mslegalservices.org | Statewide public legal information site with a directory searchable by service area: https://www.mslegalservices.org/find-legal-help/directory/area. |
| North Mississippi Rural Legal Services, Greenville office | Holmes County is served by the Greenville office. Apply through the NMRLS intake hotline, 1-800-898-8731. The call center is open from 9:30 a.m. to 3:30 p.m., Monday through Thursday. The Greenville office number is 662-335-8203. Estate administration is not listed in its published services, so ask about eligibility and available help rather than assuming representation. |
| North Mississippi Rural Legal Services Heirs' Property Program | Information is at https://nmrls.com/heirs-property-program/. The program addresses inherited land with unclear title. It is not a promise that NMRLS will take a probate case. |
When to hire an attorney
In Mississippi, this 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 law firm for the entire appointment, and the chancellor fixes the fee. Rule 6.02(E) gives relief only in guardianship of the person matters and undue burden on a ward's estate, not in a decedent's estate. The counterweight is that a $75,000 affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is presented to the holder and does not create a fiduciary appointment. A Holmes County family that cannot afford counsel should check eligibility through mslegalservices.org and North Mississippi Rural Legal Services at 1-800-898-8731 first. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify bank accounts, investments, insurance and other assets that affect the estate settlement path.
Generate the probate packet. Sunset organizes the information a Mississippi attorney needs to prepare the petition, cover sheet, family details, asset list and next-step checklist for Holmes County.
Find a local probate attorney. Because UCCR 6.02 requires an executor or administrator to retain counsel unless that fiduciary is a Mississippi-licensed lawyer, Sunset can connect the family with a vetted attorney who handles Mississippi chancery estates.
Sunset is free for families. Families can use Sunset's estate settlement guidance, asset discovery and attorney matching without paying Sunset.
Frequently asked questions
Where do I file probate for Holmes County?
File a Holmes County estate with the Holmes County Chancery Clerk at 2 Court Square in Lexington, MS 39095, or mail the filing to P.O. Box 1211, Lexington, MS 39095. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159), and Holmes County filings stay in Lexington.
Does Holmes County have a separate estate filing fee online?
Holmes County posts a land-recording fee sheet, but not an estate filing amount. In the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 accounts for a $140.00 floor for opening an estate, made up of $85.00 plus $10.00, $40.00 and $5.00 in statutory assessments. Call 662-834-2508 for the current amount before writing the check.
Are Holmes County chancery clerk hours posted online?
No Holmes County chancery clerk hours are posted online. Call 662-834-2508 before visiting the courthouse in Lexington, especially if you need to file near a deadline.
Can I file a Holmes County estate electronically?
Attorneys file through Mississippi Electronic Courts, and MEC information is at https://courts.ms.gov/mec/mec.php. A person without a lawyer may have read only PAMEC access and may not file electronically. A Holmes County estate begins with a paper filing at the chancery clerk's counter.
Can I look up a Holmes County estate case online?
Use the MEC and PAMEC hub at https://courts.ms.gov/mec/mec.php. Remote PAMEC viewing requires a registered account and fees apply. Free viewing of filed civil documents is available at the Holmes County Chancery Clerk's office during regular business hours.
Does Holmes County provide probate forms?
Holmes County does not post a local estate form, small estate affidavit form or probate instruction sheet. Mississippi provides a chancery clerk cover sheet and the Uniform Chancery Court Rules, while the estate petition is prepared by the attorney required under UCCR 6.02.
Do I have to travel to Lexington for a small estate affidavit?
Not if the Miss. Code Ann. § 91-7-322 affidavit is the right route. After 30 days, if the entire probate estate is $75,000 or less, excluding liens and encumbrances, the successor presents the affidavit to the bank, employer or other holder rather than filing it with the chancery court.
Can I attend a Holmes County hearing by phone or video?
Ask the Holmes County Chancery Clerk before making travel plans. Remote attendance depends on the chancellor and 11th Chancery Court District practice, and the annual term order is posted in the chancery clerk's office.
What if the will was admitted without notice and someone wants to challenge it?
A person interested in the estate may contest the will within two years after a will is probated without notice; if no contest is brought within that period, the probate becomes final and binding, subject to the statutory exceptions for infants, persons of unsound mind and concealed fraud (Miss. Code Ann. § 91-7-23).
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.