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Kemper County, MS Probate Information
Quick facts
| Topic | Kemper County information |
|---|---|
| Court | Kemper County Chancery Court. Mississippi chancery courts have jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Kemper County Chancery Clerk, P.O. Box 188, DeKalb, MS 39328. |
| Courthouse city | De Kalb. Kemper County is a single-courthouse county. |
| Phone | (601) 743-2460. |
| Fax | (601) 743-2789. |
| Hours | Counter hours are not posted on the county page. Call the chancery clerk before visiting, especially if a filing deadline is close. |
| Chancery court district | Mississippi's 6th Chancery Court District. The district includes Attala, Carroll, Choctaw, Kemper, Neshoba and Winston counties, but Kemper County filings stay in De Kalb. |
| Filing fee | Miss. Code Ann. § 25-7-9, under the current text effective until December 31, 2027, sets a $140.00 statutory floor for opening an estate: $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 statutory assessments. Kemper County does not post its own total, so confirm the current amount with the chancery clerk. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary, unless licensed to practice law in Mississippi, to 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 not a court filing and needs no attorney. |
| Local forms | Kemper County does not post a local probate form, small estate affidavit form or probate instruction sheet. Mississippi uses a statewide chancery clerk cover sheet and the Uniform Chancery Court Rules. |
| E-filing | Attorneys file through Mississippi Electronic Courts. A self-represented party 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 courts.ms.gov/mec. |
| Case search | Use MEC and PAMEC through courts.ms.gov/mec. Remote access requires a registered PAMEC account and fees may apply. Free viewing is available at the chancery clerk's office during regular business hours. |
| Remote appearance | Ask the Kemper County Chancery Clerk. Whether phone or video participation is allowed depends on the chancellor and 6th Chancery Court District practice. |
| Website | Kemper County Chancery Clerk |
Before you begin — know the assets and liabilities
Before filing anything in De Kalb, identify the assets, debts, title to any real estate, the original will if there is one, and whether an account or asset can pass outside court. That first asset picture determines whether the family needs full administration, a muniment of title filing, or the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322.
Sunset's estate settlement process can search across more than 2,300 financial institutions, organize the account picture, and help the family decide what must be handled through the Kemper County Chancery Clerk. Good asset discovery also helps the Mississippi attorney required for a full estate under UCCR 6.02 prepare a cleaner filing.
Which court handles jurisdiction
Probate for Kemper County is filed with the Kemper County Chancery Clerk at the county courthouse in De Kalb. Chancery court is held in every Mississippi county (Miss. Code Ann. § 9-5-3(1)), and Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159).
For a will, 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 land is devised, where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration are granted in the county where the intestate had a fixed place of residence, with a different fallback ladder if there was no fixed place of residence (Miss. Code Ann. § 91-7-63). Kemper County shares the 6th Chancery Court District with Attala, Carroll, Choctaw, Neshoba and Winston counties, but that district structure assigns chancellors and does not move a Kemper County filing out of De Kalb.
Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court.
The jurisdiction process
- Gather the death certificate, the original will if one exists, account information, debts, real estate deeds, vehicle titles, and names and addresses for heirs and will beneficiaries.
- Choose the path before opening a case. If 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, and consists of personal property, the successor may use the small estate affidavit under Miss. Code Ann. § 91-7-322 by presenting it to the bank, employer, transfer agent or other holder. If the decedent left a will that devises 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 amount, the attorney may prepare a muniment of title petition under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- For full administration, retain an attorney. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney during 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 the fiduciary (UCCR 6.14).
- File the paper petition with the Kemper County Chancery Clerk in De Kalb, include the chancery clerk cover sheet, and pay the court cost deposit required by UCCR 9.01 and Miss. Code Ann. § 25-7-9. The original will stays with the clerk under UCCR 9.03.
- The chancery court, or the chancery clerk in vacation, meaning between terms of court, may admit the will in common form and grant letters testamentary or letters of administration. The clerk's acts are subject to court approval and are not final until approved by the court (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147).
- Address bond if the court or clerk requires it. Mississippi law provides for an executor's oath and bond approved by the court or clerk (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 only 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 debts and taxes, prepares required accountings, requests distribution authority, and seeks a final decree and discharge from the chancery court.
Forms and documents
Probate forms in Kemper County
Kemper County does not post a local probate form, small estate affidavit form or probate instruction sheet. Mississippi does publish a statewide chancery clerk cover sheet, and the Uniform Chancery Court Rules set content requirements for estate filings, but the petition itself is drafted by the attorney required for a full estate under UCCR 6.02.
For a will, the petition must attach a copy of the will as an exhibit (UCCR 6.15). Pleadings, accounts, inventories and reports filed by a fiduciary must be personally signed and sworn by the fiduciary (UCCR 6.14). Bring or send the original will to the Kemper County Chancery Clerk, because original wills are kept by the clerk under UCCR 9.03.
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including Kemper County Chancery Court, were implemented in Mississippi Electronic Courts. The statewide trial-court rollout finished June 30, 2025. Use courts.ms.gov/mec for MEC and PAMEC access. |
| July 1, 2020 | The small estate affidavit amount became $75,000 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 fiduciary rules that affect estate filings. |
| January 1, 2026 | Mississippi's two civil legal aid providers moved to separate intake hotlines. Mississippi Center for Legal Services serves Kemper County at 1-800-519-2915, and the directory is at mslegalservices.org. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Kemper 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 estate is $75,000 or less in personal property, excluding liens and encumbrances, after 30 days, the small estate affidavit under Miss. Code Ann. § 91-7-322 may be presented to the holder without a De Kalb court filing. If a will devises the home and all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be the court filing, and the house itself does not count against that ceiling. | Sunset helps identify accounts, flag beneficiary assets, organize deed and account information, and prepare the estate settlement file for the required Mississippi attorney if a court filing is needed. |
| 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 Miss. Code Ann. § 91-7-322 affidavit is handed to the bank or other holder and is not filed with the court. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02, and the estate opens with a paper filing through the Kemper County Chancery Clerk. | Sunset helps gather account information remotely, create a checklist for what the bank or attorney will need, and connect the family with a Mississippi probate attorney. |
| Parent settling a predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit cannot transfer the house. If there is a will and all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may fit. Otherwise, full administration is filed with the Kemper County Chancery Clerk. 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 locate accounts and debts, organize the home sale documents, build the estate settlement packet, and connect the parent with a vetted Mississippi attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Kemper County Chancery Clerk | Receives paper estate filings, keeps original wills, provides access to filed civil documents during counter hours, and can confirm current hours, fees and hearing logistics. The clerk cannot provide legal advice. | P.O. Box 188, DeKalb, MS 39328. Phone: (601) 743-2460. Fax: (601) 743-2789. Website: kempercountyms.gov/chancery-clerk/. |
| Mississippi Judiciary chancery court page | Links to chancery court information and the statewide chancery clerk cover sheet. | courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Sets Mississippi fiduciary requirements, including the attorney requirement in UCCR 6.02 and filing-content rules for estate matters. | Uniform Chancery Court Rules |
| MEC and PAMEC | Attorneys use MEC for electronic filing after a paper case opening. PAMEC provides read-only access for registered public users. Free viewing is available at the chancery clerk's office during regular business hours. | courts.ms.gov/mec. MEC Helpdesk: 601-576-4650, [email protected]. |
| mslegalservices.org | Public legal-information site with a directory by service area. Use it to check eligibility for civil legal aid and to confirm the correct provider. | mslegalservices.org/find-legal-help/directory/area |
| Mississippi Center for Legal Services | Kemper County is mapped to the Meridian office service area. Estate administration may not be a service the organization accepts, so call to check eligibility and scope. | 1-800-519-2915 |
When to hire an attorney
For a full Kemper County estate, this is a rule, not a preference: 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 term of the appointment, 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, which is not a court filing and needs no attorney. A Kemper County family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 and use mslegalservices.org, understanding that estate administration may not be accepted. Sunset connects families to a vetted local probate attorney, which in Mississippi is the step the rules require for a full estate.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps organize accounts, debts, insurance, retirement plans, beneficiary assets and real estate information for estate settlement.
Generate the probate packet. Sunset turns the asset picture into a clear packet for the family and the Mississippi attorney, including the documents and facts needed for the Kemper County Chancery Clerk filing.
Find a local probate attorney. Mississippi requires a fiduciary to retain an attorney for a full estate under UCCR 6.02, and Sunset can connect the family with a vetted attorney who handles Kemper County probate matters.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, organize what they have, and get matched with help without paying Sunset.
Frequently asked questions
Where do I file probate for Kemper County?
File a full estate with the Kemper County Chancery Clerk in De Kalb. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159), and venue for a will begins with the county where the testator had a fixed place of residence (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration use the venue ladder in Miss. Code Ann. § 91-7-63.
Do I use the chancery clerk or the circuit clerk in Kemper County?
Use the chancery clerk for probate. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court.
How much does it cost to open an estate in Kemper County?
Kemper County does not post its own estate total. Miss. Code Ann. § 25-7-9, under the current text effective until December 31, 2027, sets a $140.00 statutory floor made up of $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 statutory assessments. Call the Kemper County Chancery Clerk at (601) 743-2460 to confirm the current amount before filing.
What are the Kemper County Chancery Clerk's hours?
The county page does not list counter hours for estate filings. Call (601) 743-2460 before going to the courthouse in De Kalb, especially if a deadline or a planned trip is involved.
Do I need a lawyer for a Kemper County estate?
For a full estate, yes. Uniform Chancery Court Rule 6.02 requires a fiduciary to 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 different because it is presented to the property holder and is not a court filing.
Can I e-file a Kemper County probate case?
Attorneys file through Mississippi Electronic Courts after the estate is opened, but every estate case begins with a conventional paper filing at the chancery clerk's counter. A self-represented party may have read-only PAMEC access but may not file electronically. Start at courts.ms.gov/mec.
How do I look up a Kemper County chancery case?
Use MEC and PAMEC through courts.ms.gov/mec. Remote access requires a registered PAMEC account and fees may apply. The public may view filed civil documents for free at the chancery clerk's office during regular business hours.
Does Kemper County have local probate forms?
Kemper County does not post a local probate form, small estate affidavit form or probate instruction sheet. Mississippi uses a statewide chancery clerk cover sheet, and the attorney prepares the estate petition under the Uniform Chancery Court Rules.
Will I have to travel to De Kalb for a hearing?
Ask the Kemper County Chancery Clerk before making travel plans. Whether a phone or video appearance is allowed depends on the chancellor and 6th Chancery Court District practice, and the district's annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2).
What should I send with the first filing?
For a full estate, the attorney will prepare the petition, include the chancery clerk cover sheet, arrange the court cost deposit under Miss. Code Ann. § 25-7-9, and provide the original will if there is one. A petition to probate a will must attach a copy of the will as an exhibit (UCCR 6.15), and original wills stay with the clerk under UCCR 9.03.
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.