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Itawamba County, MS Probate Information
Quick facts
| Item | Itawamba County information |
|---|---|
| Court | Itawamba County Chancery Court. Mississippi chancery courts have jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Itawamba County Chancery Clerk, 201 W. Main St., Fulton, MS 38843. |
| Mailing address | P.O. Box 776, Fulton, MS 38843. |
| Phone | 662-862-3931. |
| Fax | 662-862-3931. |
| [email protected]. | |
| Hours | The Chancery Clerk page does not post office hours. Call 662-862-3931 before traveling to confirm hours, lunch closures and any filing cutoff. |
| Filing fee | Itawamba County does not post an estate filing total on its Chancery Clerk page. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor is $140.00: an $85.00 clerk's fee for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments. Confirm the current county total with the chancery clerk before filing. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02(A) says every fiduciary must retain an attorney unless the fiduciary is licensed to practice law in Mississippi. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, is not a court filing and does not require an attorney. |
| Local forms | The Itawamba County Chancery Clerk page does not post a county probate packet, small estate affidavit or probate instruction sheet. Mississippi uses a Chancery Clerk Cover Sheet linked from courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php. |
| E-filing | Attorneys file through Mississippi Electronic Courts, MEC. A person without a lawyer may have read-only PAMEC access, but may not file electronically unless that person is also a registered attorney. Estate cases open with a paper filing at the chancery clerk's counter. Start at courts.ms.gov/mec. |
| Case search | MEC and PAMEC are reached through courts.ms.gov/mec. Remote public access requires a PAMEC account. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours. |
| Remote appearance | Ask the Itawamba County Chancery Clerk whether the chancellor handling the case will allow phone or video participation. The 1st Chancery Court District's term order is the local place to check for term scheduling practice. |
| Website | https://itawamba.gov/chancery-clerk/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Itawamba County, make a working list of the decedent's accounts, real property, vehicles, debts, beneficiaries and any original will. The fastest estate settlement path depends on what property must pass through the estate, whether the will controls Mississippi real property and whether letters are needed.
Sunset helps families start estate settlement by looking for accounts and assets across more than 2,300 financial institutions, then organizing what is found so the attorney and the Itawamba County Chancery Clerk filing are based on a clearer picture.
Which court handles jurisdiction
Probate for Itawamba County is filed with the Itawamba County Chancery Clerk at the courthouse in Fulton. Itawamba County is a single-courthouse county, so there is one chancery filing counter for the county.
Itawamba County is part of Mississippi's 1st Chancery Court District with Alcorn, Lee, Monroe, Pontotoc, Prentiss, Tishomingo and Union counties. The district assigns chancellors, but an Itawamba County estate is filed in Itawamba County because chancery court is held in each county (Miss. Code Ann. § 9-5-3(1); Miss. Const. art. 6, § 159).
Venue turns on Mississippi's estate statutes. 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, with the will statute's land fallback if there was no fixed place of residence (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration are granted in the chancery court of the county where the decedent had a fixed place of residence, with different statutory fallbacks if there was no fixed place of residence (Miss. Code Ann. § 91-7-63).
The jurisdiction process
- Find the death certificate, the original will if there is one, deeds, account statements, vehicle titles, debts and beneficiary information.
- Choose the path. If the entire probate estate is $75,000 or less, excluding liens and encumbrances, and 30 days have passed, the small estate affidavit effective July 1, 2020, under Miss. Code Ann. § 91-7-322 may be presented to the holder of personal property and is not filed with the court. If the decedent left a will that devises Mississippi real property, the non-real and non-exempt probate estate is within the Miss. Code Ann. § 91-7-322 sum and all known debts are paid, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- For full administration, retain an attorney. Uniform Chancery Court Rule 6.02(A) requires every fiduciary to retain an attorney unless the fiduciary is licensed to practice law in Mississippi.
- 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 the fiduciary (UCCR 6.14).
- File the opening papers on paper with the Itawamba County Chancery Clerk in Fulton, with the Chancery Clerk Cover Sheet and the court cost deposit. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor for opening an estate is $140.00, and UCCR 9.01 requires cost deposits when the petition is filed. The original will stays with the clerk (UCCR 9.03).
- The chancery court, or the chancery clerk in vacation subject to the court's approval, admits the will to probate and grants letters testamentary or letters of administration (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147). If bond is required, the oath and bond are handled under Miss. Code Ann. § 91-7-41.
- The executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to known creditors, files the diligent-search affidavit and then publishes the 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.
- The personal representative gathers assets, pays allowed claims, handles any required taxes, accounts to the court and seeks a final decree of distribution and discharge.
Forms and documents
Probate forms in Itawamba County
The Itawamba County Chancery Clerk page does not post a county probate packet, local small estate affidavit or probate instruction sheet. The page does post general Chancery Clerk contact information and an unrelated public records request form.
For a full estate, the petition is drafted by the attorney required by Uniform Chancery Court Rule 6.02(A), and the filing uses the Mississippi Chancery Clerk Cover Sheet linked from courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php. Confirm with the clerk at 662-862-3931 whether the cover sheet, payment format or copies should be handled in a particular way for an Itawamba County filing.
Recent updates
| Change | What it means in Itawamba County |
|---|---|
| MEC completion | Mississippi Electronic Courts completed rollout across Mississippi courts on June 30, 2025, and all chancery courts have been on MEC since June 19, 2023. Attorneys use MEC, while Itawamba County estate cases still open with a paper filing at the chancery clerk's counter. See courts.ms.gov/mec. |
| Small estate affidavit and muniment of title changes | The $75,000 small estate affidavit amount under Miss. Code Ann. § 91-7-322 and the rewritten muniment of title procedure under Miss. Code Ann. § 91-5-35 have applied since July 1, 2020. |
| Uniform Chancery Court Rules | The Uniform Chancery Court Rules were revised and amended effective April 18, 2024, including Rule 6.02's attorney requirement for a fiduciary. |
| Legal aid intake numbers | North Mississippi Rural Legal Services and Mississippi Center for Legal Services use separate intake numbers beginning January 1, 2026. Itawamba County is not assigned on the provider office pages, so families should use mslegalservices.org and check both numbers listed below. |
Scenarios
| Situation | Likely Itawamba County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking how the Fulton or other Itawamba County home is titled. If the home passes outside the estate and the remaining probate personal property qualifies, the $75,000 small estate affidavit effective July 1, 2020, under Miss. Code Ann. § 91-7-322 may settle personal property without a 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, where the house itself does not count against the referenced ceiling. | Sunset helps identify accounts, insurance and title clues before the family spends money on the wrong estate settlement path. |
| Out-of-state adult child with a small estate | If 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, the successor may present the Miss. Code Ann. § 91-7-322 affidavit to the bank or other holder of personal property rather than filing in Fulton. If letters are needed, the child must work with a Mississippi attorney under UCCR 6.02 and should ask the Itawamba County Chancery Clerk about any phone or video hearing practice. | Sunset organizes assets and can help generate a packet for the attorney or for the small estate affidavit route, depending on what the asset search shows. |
| Parent settling a predeceased child's estate when a 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, counsel may evaluate muniment of title under Miss. Code Ann. § 91-5-35. If there is no will or debts are not paid, a full Itawamba County administration is usually the path. The chancellor fixes fiduciary compensation and attorney fees under Miss. Code Ann. § 91-7-299, and UCCR 6.12(B) says those fees are not based on the value of real property. | Sunset helps locate accounts and debts, prepare a clean estate settlement summary and connect the family with a Mississippi probate attorney. |
Self-help resources
| Resource | How to use it |
|---|---|
| Itawamba County Chancery Clerk | Use https://itawamba.gov/chancery-clerk/ for the Fulton filing address, mailing address, phone, fax and email. Call 662-862-3931 to confirm hours, current filing cost and hearing logistics. |
| Mississippi Chancery Courts page | Use courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php for Mississippi chancery court information and the Chancery Clerk Cover Sheet link. Mississippi chancery courts handle estate matters under Miss. Const. art. 6, § 159. |
| MEC and PAMEC | Use courts.ms.gov/mec for Mississippi Electronic Courts and public PAMEC access. Attorneys file through MEC; public remote access is read-only through PAMEC, and free viewing is available at the chancery clerk's office during regular business hours. |
| Uniform Chancery Court Rules | Use the rules to understand fiduciary obligations, including UCCR 6.02 requiring an executor or administrator to retain an attorney unless licensed in Mississippi. |
| Legal aid directory | Use mslegalservices.org/find-legal-help/directory/area to check service area and eligibility. Legal aid may not take estate matters, but it is the starting point for income-based civil legal help. |
| North Mississippi Rural Legal Services | Because Itawamba County is not named on either provider's office pages, check this provider as well as MCLSC. NMRLS intake is 1-800-898-8731, with call center hours Monday through Thursday, 9:30 to 3:30. |
| Mississippi Center for Legal Services | Because Itawamba County is not named on either provider's office pages, check this provider as well as NMRLS. MCLSC intake is 1-800-519-2915. |
When to hire an attorney
Mississippi full estate administration requires counsel. Uniform Chancery Court Rule 6.02(A) says every fiduciary must retain an attorney or law firm for the entire term of appointment unless the fiduciary is licensed to practice law in Mississippi, and the chancellor fixes the fee. The counterweight is the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322: it is not a court filing and does not require an attorney. If cost is the obstacle, check mslegalservices.org, North Mississippi Rural Legal Services at 1-800-898-8731 and Mississippi Center for Legal Services at 1-800-519-2915, while understanding that legal aid may not take estate matters. 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 across more than 2,300 financial institutions to help identify accounts, benefits and other assets that affect the Itawamba County estate settlement plan.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement packet so the Mississippi attorney can prepare the Chancery Court filing or decide whether the small estate affidavit or muniment of title path fits.
Find a local probate attorney. Because UCCR 6.02 requires an executor or administrator to retain an attorney unless licensed in Mississippi, Sunset helps connect families with vetted Mississippi probate counsel.
Sunset is free for families. Families can use Sunset to organize the estate, find assets and understand next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate for an Itawamba County resident?
File an Itawamba County estate with the Itawamba County Chancery Clerk at 201 W. Main St., Fulton, MS 38843. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). A will is proved where the testator had a fixed place of residence under Miss. Code Ann. § 91-7-1, and an intestate estate follows the letters of administration venue rule in Miss. Code Ann. § 91-7-63.
What phone number should I use for the Itawamba County Chancery Clerk?
Use 662-862-3931. The same number is listed for phone and fax. The mailing address is P.O. Box 776, Fulton, MS 38843.
Can I e-file an Itawamba County estate?
Attorneys file through Mississippi Electronic Courts, MEC. A person without a lawyer may have read-only PAMEC access but may not file electronically unless that person is also a registered attorney. Estate cases open with a paper filing at the chancery clerk's counter. See courts.ms.gov/mec.
Does Itawamba County have local probate forms?
The Itawamba County Chancery Clerk page does not post a county probate packet, small estate affidavit or probate instruction sheet. For a full estate, the attorney prepares the petition, and the filing uses the Mississippi Chancery Clerk Cover Sheet linked from courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php.
What is the Itawamba County filing fee for an estate?
Itawamba County does not post an estate filing total on its Chancery Clerk page. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor is $140.00: $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments. Call 662-862-3931 to confirm the current total before filing.
Do I need an attorney for an Itawamba County estate?
Yes, for a full estate, unless the executor or administrator is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02(A) says every fiduciary must retain an attorney for the entire appointment. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, is different because it is presented to the property holder and is not a court filing.
Can I attend an Itawamba County hearing by phone or video?
Ask the Itawamba County Chancery Clerk at 662-862-3931. Remote participation depends on the chancellor and 1st Chancery Court District practice. The district's term order is posted through the chancery clerk process required for chancery terms, and Mississippi chancery courts act under Miss. Const. art. 6, § 159.
How do I look up an Itawamba County estate case?
Use MEC and PAMEC through courts.ms.gov/mec. Remote public access requires a PAMEC account and is read-only. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours.
Do I have to travel to Fulton if the estate is small?
If the probate estate qualifies for the $75,000 small estate affidavit effective July 1, 2020, under Miss. Code Ann. § 91-7-322, and 30 days have passed, the affidavit is presented to the bank, employer or other holder of personal property rather than filed with the court. If letters testamentary or letters of administration are needed, the Itawamba County case is opened in Fulton, and the attorney can ask about any available phone or video arrangements (Miss. Code Ann. §§ 9-5-141, 9-5-147).
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.