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Leake County, MS Probate Information
Quick facts
| Topic | Leake County information |
|---|---|
| Court | Leake County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159(c)). |
| Probate filings go to | Leake County Chancery Clerk, Carthage. Phone: (601) 267-7371. |
| Courthouse address | 104 Court Square, Carthage, MS 39051. Call before visiting to confirm the correct counter or room for an estate filing. |
| Mailing address | P.O. Box 72, Carthage, MS 39051. |
| Fax | (601) 267-6137, listed by the Mississippi Chancery Clerks Association member directory. |
| Hours | Public hours and filing cutoffs are not posted on the Leake County Chancery Clerk page. Call the clerk before bringing an original will or petition. |
| Filing fee | Ask the Leake County Chancery Clerk for the current local total. Under the current text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 lists $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments, for a $140.00 statutory floor. |
| 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 the fiduciary is licensed to practice law in Mississippi. The $75,000 small estate affidavit, effective July 1, 2020 (Miss. Code Ann. § 91-7-322), needs no court filing and no attorney. |
| E-filing | Attorneys file later papers through Mississippi Electronic Courts, MEC. A self-represented party may have read-only PAMEC access but may not file electronically, and an estate case opens with a paper filing at the chancery clerk's counter. MEC information: https://courts.ms.gov/mec/mec.php. |
| Case search | MEC and PAMEC are the statewide access points. Remote PAMEC access requires a registered account and fees may apply; public viewing is available at the chancery clerk's office during regular business hours. Start at https://courts.ms.gov/mec/mec.php. |
| Local forms | Leake County's website does not list a local estate packet or local small estate affidavit. Expect the statewide Chancery Clerk Cover Sheet and an attorney-drafted petition for a full estate. |
| Remote appearance | Ask the Leake County Chancery Clerk and the assigned chancellor's office. District term orders are posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| County website | https://leakecountyms.org/ |
| Chancery clerk page | https://leakecountyms.org/chancery-clerk/ |
| Leake land records portal | http://www.leakechancery.com/ is a land records index, not an estate case search. |
Before you begin — know the assets and liabilities
Before you choose a Leake County estate settlement path, list the assets, debts, account holders, real estate, vehicles, benefits and known creditors. The right route depends on what is in the probate estate, whether there is an original will, whether real property must be transferred, and whether letters testamentary or letters of administration are needed.
Sunset's 2,300-institution asset discovery helps families find accounts and property before the first filing decision is made. That matters in Mississippi because a full estate requires an attorney under Uniform Chancery Court Rule 6.02, while the $75,000 small estate affidavit, effective July 1, 2020 (Miss. Code Ann. § 91-7-322), may allow some personal property to be collected without opening a court case.
Which court handles jurisdiction
Probate for Leake County is filed with the Leake County Chancery Clerk in Carthage. Chancery court is held in each Mississippi county (Miss. Code Ann. § 9-5-3(1)), and Mississippi chancery courts have constitutional authority over matters testamentary and of administration (Miss. Const. art. 6, § 159(c)).
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 follow a different county ladder under Miss. Code Ann. § 91-7-63. Leake County is in Mississippi's 11th Chancery Court District with Holmes, Madison and Yazoo counties, which affects chancellor assignment, not the filing counter for a Leake County estate.
The jurisdiction process
- Gather the death certificate, the original will if one exists, a preliminary asset list and creditor information. The original will is physically delivered to the chancery clerk and kept safely by the clerk under UCCR 9.03.
- Choose the route. 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 may be presented to the holder of personal property without a court filing (Miss. Code Ann. § 91-7-322). If there is a will that devises Mississippi real property, the non-real, 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 (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 executor or administrator, as fiduciary, to retain an attorney for the entire appointment 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 paper opening packet at the Leake County Chancery Clerk's counter in Carthage with the Chancery Clerk Cover Sheet and the court cost deposit. Under the current text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 lists $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments, for a $140.00 statutory floor; call the clerk for the current Leake County total.
- 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 appropriate (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147). The clerk's act is not final until approved by the court.
- Address oath and bond if required. Mississippi law requires the executor's oath and addresses bond in Miss. Code Ann. § 91-7-41.
- 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 under Miss. Code Ann. § 91-7-151.
- Administer the estate settlement by collecting assets, paying allowed debts and taxes, accounting as required, distributing under the will or Mississippi law, and obtaining the final decree and discharge from the chancery court.
Forms and documents
Probate forms in Leake County
Leake County's website does not list a local estate petition packet, local probate instruction sheet or local small estate affidavit. For a full estate, the petition is drafted by the attorney that Uniform Chancery Court Rule 6.02 requires the fiduciary to retain.
Mississippi practice still uses the statewide Chancery Clerk Cover Sheet, and the Uniform Chancery Court Rules set content requirements for estate filings. For example, the will petition must attach a copy of the will as an exhibit (UCCR 6.15), fiduciary filings must be signed and sworn by the fiduciary (UCCR 6.14), and the original will is kept by the clerk under UCCR 9.03.
Recent updates
| Change | What it means for Leake County families |
|---|---|
| MEC completion | Mississippi announced statewide electronic filing completion on June 30, 2025, and all chancery courts had been implemented in MEC as of June 19, 2023. Attorneys use MEC, while estate cases still open with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec/mec.php. |
| Small estate and muniment changes | The small estate affidavit amount became $75,000, effective July 1, 2020 (Miss. Code Ann. § 91-7-322), and the muniment of title procedure was rewritten effective July 1, 2020 (Miss. Code Ann. § 91-5-35). |
| Uniform Chancery Court Rules | The Uniform Chancery Court Rules were revised and amended effective April 18, 2024. Rule 6.02 is the attorney-retention rule for an executor or administrator acting as fiduciary. |
| Legal-help intake numbers | NMRLS and MCLSC moved to separate intake numbers on January 1, 2026. Leake County is listed with Mississippi Center for Legal Services, Meridian office, at 1-800-519-2915. The statewide directory is at mslegalservices.org. |
Scenarios
| Situation | Likely Leake County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First determine whether the home passes outside the estate. If only personal property remains and the entire probate estate is $75,000 or less, excluding liens and encumbrances, the small estate affidavit effective July 1, 2020 may be presented to the holder after 30 days (Miss. Code Ann. § 91-7-322). If a will devises Mississippi real property and all known debts are paid, counsel may consider muniment of title (Miss. Code Ann. § 91-5-35). | Sunset helps identify accounts, debts and title questions before the family spends money opening a full estate settlement. |
| Out-of-state adult child with a small estate | If the Leake County estate contains only qualifying personal property, the affidavit route under Miss. Code Ann. § 91-7-322 may avoid a courthouse filing. If letters testamentary or letters of administration are needed, a Mississippi attorney is required for the fiduciary under UCCR 6.02, and the child should ask the Leake County Chancery Clerk about local appearance practice. | Sunset organizes the asset list and documents and can connect the child with a Mississippi probate attorney for the required court filing. |
| Parent settling a predeceased child's estate, home must be sold | The small estate affidavit does not transfer the house. If there is a will and the requirements are met, muniment of title may be available (Miss. Code Ann. § 91-5-35). Otherwise, a full Leake County administration is usually needed, with counsel retained under UCCR 6.02. The chancellor fixes fiduciary and attorney compensation, and fees may not be based on the value of real property (Miss. Code Ann. § 91-7-299; UCCR 6.12(B); Miss. Const. art. 6, § 159(c)). | Sunset helps prepare the estate settlement file, gather sale-related documents and find a local probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Leake County Chancery Clerk | Filing counter for Leake County estate cases, original wills and letters. The clerk can provide filing logistics but not legal advice. | Phone: (601) 267-7371. Mailing: P.O. Box 72, Carthage, MS 39051. County page: https://leakecountyms.org/chancery-clerk/ |
| Mississippi Center for Legal Services, Meridian office | Leake County is listed with the Meridian office. Check eligibility if counsel cost is a problem; legal aid may not take estate-administration matters. Directory: mslegalservices.org. | 1-800-519-2915 |
| mslegalservices.org | Statewide legal-information site maintained by Mississippi's legal-services providers, with a directory by service area and online legal information. | https://www.mslegalservices.org/find-legal-help/directory/area |
| Mississippi Judiciary chancery court page | Links to chancery court information and the Chancery Clerk Cover Sheet used with filings. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules governing fiduciary matters, attorney retention, sworn filings, wills, accounts and original documents. | Uniform Chancery Court Rule 6.02 and related rules |
| MEC and PAMEC | MEC is used by attorneys for electronic filing after the paper opening filing. PAMEC allows registered read-only remote access, and the public may view electronic records at the chancery clerk's office during regular business hours. | https://courts.ms.gov/mec/mec.php |
| Leake County Official Records Portal | Land records index for Leake County. Useful for title research, but it is not the estate case docket. | http://www.leakechancery.com/ |
When to hire an attorney
Uniform Chancery Court Rule 6.02(A) requires every executor or administrator, as fiduciary, to retain an attorney or law firm for the entire term of the appointment unless the fiduciary is licensed to practice law in Mississippi, and the chancellor fixes the fee. The practical exception for many families is not a full estate at all: the $75,000 small estate affidavit, effective July 1, 2020 (Miss. Code Ann. § 91-7-322), is presented to the holder of personal property and needs no court filing or attorney. If affordability is the issue, Leake County families can check eligibility with Mississippi Center for Legal Services through mslegalservices.org at 1-800-519-2915, while understanding that legal aid may not take estate matters. Sunset connects 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, investments, insurance, retirement accounts and other assets before the Leake County estate settlement path is chosen.
Generate the probate packet. Sunset turns the family information, asset list and court details into an organized probate packet for the attorney and the Leake County Chancery Clerk.
Find a local probate attorney. Mississippi requires a fiduciary in a full estate to retain an attorney under UCCR 6.02, so Sunset helps families move from document gathering to a vetted local attorney when court authority is needed.
Sunset is free for families. Sunset helps families understand the estate settlement steps, find assets and connect with professional help without charging families for access to the platform.
Frequently asked questions
Where do I file probate in Leake County?
File a Leake County estate with the Leake County Chancery Clerk in Carthage. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159(c)), and venue for a will starts with the county of the decedent's fixed place of residence (Miss. Code Ann. § 91-7-1).
What is the Leake County Chancery Clerk's phone number?
The Leake County Chancery Clerk's listed phone number is (601) 267-7371. The mailing address is P.O. Box 72, Carthage, MS 39051, and the listed fax is (601) 267-6137.
Can I open a Leake County estate electronically?
No for the opening filing. Attorneys use MEC for electronic filing after the case is opened, but Mississippi Electronic Courts procedures require a conventional paper opening filing, and a self-represented party has read-only PAMEC access rather than filing access. MEC information is at https://courts.ms.gov/mec/mec.php.
Where does a Leake County small estate affidavit go?
The small estate affidavit is presented to the bank, employer, transfer agent or other holder of qualifying personal property. It is not the start of a court case. The amount is $75,000, effective July 1, 2020, after 30 days and excluding liens and encumbrances (Miss. Code Ann. § 91-7-322).
Does Leake County publish local probate forms?
Leake County's website does not list a local estate packet or local small estate affidavit. For a full estate, the fiduciary retains an attorney under UCCR 6.02, and the petition is attorney-drafted. The statewide Chancery Clerk Cover Sheet is used with chancery filings.
What filing fee should I expect in Leake County?
Call the Leake County Chancery Clerk for the current local total. Under the current text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 lists $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments, for a $140.00 statutory floor.
How do I look up a Leake County estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote PAMEC access requires a registered account and fees may apply; the public may view electronic records at the chancery clerk's office during regular business hours.
Can I attend a Leake County chancery hearing by phone or video?
Ask the Leake County Chancery Clerk and the assigned chancellor's office before the hearing date. Mississippi did not provide a county-specific remote appearance rule for Leake County in the available local materials, and term orders for the 11th Chancery Court District are posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2).
How long do creditors have in a Leake County estate?
After letters are granted, the executor or administrator makes reasonably diligent efforts to identify creditors, mails notice, files the diligent-search affidavit, and then publishes notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-145). Claims not registered within 90 days after the first publication are barred (Miss. Code Ann. § 91-7-151).
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.