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Marion County, MS Probate Information
Quick facts
| Item | Marion County information |
|---|---|
| Court | Marion County Chancery Court (Miss. Const. art. 6, § 159) |
| Probate filings go to | Marion County Chancery Clerk, 250 Broad Street, Suite 2, Columbia, MS 39429 |
| Mailing address | 250 Broad Street, Suite 2, Columbia, MS 39429 |
| Phone | 601-736-2691 |
| Fax | 601-444-0206 |
| Office email | [email protected] |
| Hours | Specific chancery clerk hours are not posted for this office. Call 601-736-2691 before traveling to confirm hours, lunch closures, and filing cutoffs. |
| Filing fee | 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: a $85.00 chancery clerk fee plus $10.00, $40.00 and $5.00 statutory assessments. Marion County does not post a separate chancery estate total on its fee page, so confirm the current amount with the chancery clerk. |
| 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 | Use the statewide chancery clerk cover sheet and an attorney-drafted petition. Ask the Marion County Chancery Clerk whether any local attachment is required. |
| E-filing | Attorneys file through Mississippi Electronic Courts. A self-represented party may have read-only PAMEC access but may not file electronically, and an estate case starts with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec. |
| Case search | MEC and PAMEC are reached through https://courts.ms.gov/mec. Remote access requires a registered PAMEC account, while free viewing of filed civil documents is available at the clerk's office during regular business hours. |
| Remote appearance | The 10th Chancery Court District posts a Zoom videoconference tutorial. Ask the Marion County Chancery Clerk whether the chancellor will allow phone or video attendance for a specific hearing. |
| Website | https://www.marioncountyms.com/chancery-clerk |
Before you begin — know the assets and liabilities
Before filing in Columbia, identify the decedent's probate assets, debts, beneficiary designations, vehicle titles, bank accounts, and any Mississippi real property. The right estate settlement path depends on what must actually pass through the Marion County Chancery Court.
Sunset's 2,300-institution asset discovery helps families find accounts, benefits, and property before an attorney prepares the court packet. That prevents a Marion County estate settlement from starting with an incomplete asset list or the wrong route.
Which court handles jurisdiction
Probate for Marion County is filed with the Marion County Chancery Clerk at the courthouse in Columbia. Marion County is in Mississippi's 10th Chancery Court District with Forrest, Lamar, Pearl River and Perry counties, but the district is how chancellors are assigned. The estate is filed at Marion County's own courthouse because chancery court is held in each county (Miss. Code Ann. § 9-5-3(1); Miss. Const. art. 6, § 159).
Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court. For a will, venue is the county where the testator had a fixed place of residence, with the land fallback stated in the statute (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration follow a separate county ladder in Miss. Code Ann. § 91-7-63.
The jurisdiction process
- Gather the death certificate, the original will if one exists, a list of assets and debts, and contact information for heirs, devisees, creditors, and financial institutions.
- 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 directly to the property holder under Miss. Code Ann. § 91-7-322. If the decedent left a will that devises Mississippi real property, all known debts are paid, and the non-real, non-exempt probate estate fits the Miss. Code Ann. § 91-7-322 amount, 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 during the appointment.
- The attorney prepares the petition. A petition to probate a will must attach a copy of the will as an exhibit, and pleadings, accounts, inventories, and reports filed by the fiduciary must be personally signed and sworn when required by the Uniform Chancery Court Rules (UCCR 6.15; UCCR 6.14).
- File the petition on paper with the Marion County Chancery Clerk at 250 Broad Street, Suite 2, Columbia, with the chancery clerk cover sheet and 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 subject to court approval, admits the will in common form and grants letters testamentary or grants letters of administration, as applicable (Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 91-7-63; Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147).
- Address bond if the court or clerk requires it under Miss. Code Ann. § 91-7-41, then use the letters to collect estate assets, protect property, and communicate with creditors.
- Make reasonably diligent efforts to identify creditors, mail required notices, file the diligent-search affidavit, and then publish the notice to creditors for three consecutive weeks as required by 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.
- After assets, debts, taxes, claims, and required accountings are handled, the attorney prepares the closing filings for the chancellor's final decree of distribution and discharge.
Forms and documents
Probate forms in Marion County
Mississippi uses the statewide chancery clerk cover sheet and the Uniform Chancery Court Rules, but the estate petition itself is drafted for the facts of the estate. In Marion County, file the paper packet with the Marion County Chancery Clerk in Suite 2 at 250 Broad Street in Columbia.
Ask the clerk whether any Marion County attachment, copy set, envelope, or payment instruction is required before filing. The county's general fee page lists circuit clerk civil fees, not a Marion County chancery estate fee.
Local nuance
Marion County-specific considerations
| Local point | What it means for Marion County |
|---|---|
| Single filing counter | Marion County is not one of Mississippi's counties with two judicial districts. File a Marion County estate in Columbia with the Marion County Chancery Clerk. |
| District Zoom tutorial | The 10th Chancery Court District posts a Zoom videoconference tutorial. That is a practical resource, but permission for any hearing is set by the chancellor. Call the clerk before assuming a phone or video option is available. |
| Suite 2 versus Suite 12 | The district site also lists a separate Columbia office in Suite 12 at 250 Broad Street. Estate filings go to the Marion County Chancery Clerk in Suite 2, phone 601-736-2691. |
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | All Mississippi chancery courts were implemented in Mississippi Electronic Courts. Marion County attorneys use MEC, and the public access entry point is https://courts.ms.gov/mec. |
| June 30, 2025 | The Mississippi Judiciary announced completion of electronic filing and case management across Mississippi trial courts. |
| 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 revised under Miss. Code Ann. § 91-5-35. |
| January 1, 2026 | North Mississippi Rural Legal Services, 1-800-898-8731, and Mississippi Center for Legal Services, 1-800-519-2915, began using separate intake hotlines. Marion County is listed with Mississippi Center for Legal Services through mslegalservices.org. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the rules that govern fiduciary estate filings and attorney involvement. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Marion County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with how the home is titled and whether it passes outside the estate. If only personal property remains and the estate fits the $75,000 amount effective July 1, 2020 under Miss. Code Ann. § 91-7-322, the small estate affidavit may handle the personal property without a court case. If a will devises the home and the debts are paid, counsel may consider muniment of title under Miss. Code Ann. § 91-5-35. | Sunset helps identify accounts, title issues, debts, and beneficiary designations so the spouse and attorney can choose the right estate settlement path. |
| Out-of-state adult child with a small estate | If 30 days have passed and the whole probate estate is $75,000 or less excluding liens and encumbrances, the successor affidavit under Miss. Code Ann. § 91-7-322 is presented to the bank or other holder, not filed in Columbia. If letters are needed, a Mississippi attorney is required under UCCR 6.02, and the child should ask about any phone or video attendance before a hearing is set. | Sunset gathers asset information, helps organize the packet, and connects the child with a Marion County probate attorney when a full estate is needed. |
| Parent settling a predeceased child's estate, home must be sold | The small estate affidavit under Miss. Code Ann. § 91-7-322 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, the parent should expect full administration in the Marion County Chancery Court with counsel. 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 assets and debts, prepare attorney-ready information, and connect the family with a vetted local probate attorney. |
Self-help resources
| Resource | How it helps in Marion County | Contact |
|---|---|---|
| Marion County Chancery Clerk | Filing counter for Marion County estate papers, letters, original wills, and clerk file access. The clerk cannot provide legal advice. | 250 Broad Street, Suite 2, Columbia, MS 39429. Phone 601-736-2691. Fax 601-444-0206. https://www.marioncountyms.com/chancery-clerk |
| 10th Chancery Court District | District information for chancellors serving Marion County and a Zoom videoconference tutorial for hearing logistics. | https://chancery10th.com/ and https://chancery10th.com/zoom-tutorial/ |
| Mississippi Electronic Courts and PAMEC | Remote docket access through PAMEC requires registration, and free viewing is available at the clerk's office during regular business hours. | https://courts.ms.gov/mec |
| Mississippi Judiciary chancery court materials | State chancery court information and the chancery clerk cover sheet used with civil filings. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules governing fiduciary filings, attorney involvement, accountings, and original wills in Mississippi estates. | https://courts.ms.gov/research/rules/msrulesofcourt/ |
| Mississippi Center for Legal Services | Marion County is listed with the Hattiesburg service area. Estate administration may not be an accepted matter, so use this as an eligibility and referral starting point. | 1-800-519-2915. Use the directory at mslegalservices.org. |
When to hire an attorney
In a Mississippi full estate, 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 appointment, and the chancellor fixes the attorney's compensation. The $75,000 small estate affidavit effective July 1, 2020 under Miss. Code Ann. § 91-7-322 is different because it is not a court filing and needs no attorney. A Marion County family that cannot afford counsel should check eligibility through Mississippi Center for Legal Services at 1-800-519-2915 and mslegalservices.org, while understanding that legal aid may not take estate administration matters. Sunset connects families with 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 2,300 institutions to help identify accounts, benefits, and property that may belong in the Marion County estate settlement.
Generate the probate packet. Sunset organizes the information your attorney needs for the petition, asset list, family information, and next steps at the Marion County Chancery Clerk's office.
Find a local probate attorney. Mississippi requires an executor or administrator to retain counsel for a full estate under UCCR 6.02, and Sunset helps connect families with a vetted local probate attorney.
Sunset is free for families. Sunset helps you understand the Marion County process, gather the right information, and move the estate settlement forward without charging families for the service.
Frequently asked questions
Where do I file probate for Marion County?
File a Marion County estate with the Marion County Chancery Clerk at 250 Broad Street, Suite 2, Columbia, MS 39429. Probate belongs in the chancery court under Miss. Const. art. 6, § 159, and a will is proved in the county tied to the testator's fixed place of residence under Miss. Code Ann. § 91-7-1.
Is Marion County in a separate chancery court district?
Yes. Marion County is in Mississippi's 10th Chancery Court District with Forrest, Lamar, Pearl River and Perry counties. That district assigns chancellors, but a Marion County estate is filed at the Marion County courthouse in Columbia (Miss. Code Ann. § 9-5-3(1); Miss. Const. art. 6, § 159).
Can I open a Marion County estate online?
No. Attorneys file through MEC after the case exists, but every estate begins with a conventional paper filing at the chancery clerk's counter. Public access to MEC and PAMEC starts at https://courts.ms.gov/mec.
Can I use a small estate affidavit in Marion County?
Possibly, if the entire probate estate is $75,000 or less, excluding liens and encumbrances, and 30 days have passed. The successor presents the affidavit to the bank, employer, transfer agent, or other holder under Miss. Code Ann. § 91-7-322. It is not filed with the Marion County Chancery Clerk.
Does a Marion County executor have to hire an attorney?
Yes for a full estate unless the executor or administrator is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02 requires the fiduciary to retain an attorney for the entire appointment. The small estate affidavit under Miss. Code Ann. § 91-7-322 is not a court filing and does not create that appointment.
What is the Marion County filing fee?
Marion County does not post a separate chancery estate total on its county fee page. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor is $140.00, made up of the $85.00 clerk fee plus $10.00, $40.00 and $5.00 statutory assessments. Call 601-736-2691 for the current amount before filing.
How do I look up a Marion County estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec. Remote access requires a registered PAMEC account, and free viewing of filed civil documents is available at the Marion County Chancery Clerk's office during regular business hours.
Can I attend a Marion County probate hearing by video?
The 10th Chancery Court District posts a Zoom videoconference tutorial, but the chancellor decides whether a specific hearing may be attended by phone or video. Ask the Marion County Chancery Clerk at 601-736-2691 before making travel plans.
Does Marion County have local probate forms?
Use the statewide chancery clerk cover sheet and an attorney-drafted petition. Ask the Marion County Chancery Clerk whether any local attachment is required for your filing.
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.