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Marshall County, MS Probate Information
Quick facts
| Topic | Marshall County details |
|---|---|
| Court | Marshall County Chancery Court, with probate jurisdiction under Miss. Const. art. 6, § 159. |
| Probate filings go to | Marshall County Chancery Clerk, (662) 252-4431. |
| Courthouse address | 128 East Van Dorn Avenue, Holly Springs, MS 38635. |
| Mailing address | Marshall County Chancery Clerk, P.O. Box 219, Holly Springs, MS 38635. |
| Fax | The chancery clerk page lists (662) 551-3302. The county courts page lists (662) 252-0004 for the same chancery court contact block. Call (662) 252-4431 before faxing. |
| [email protected]. | |
| Hours | The county's public chancery clerk page does not list counter hours. Call (662) 252-4431 before visiting. |
| Chancery court district | Mississippi's 18th Chancery Court District, Benton, Calhoun, Lafayette, Marshall and Tippah. Marshall County files are handled at the Holly Springs courthouse, not another county's courthouse. |
| Filing fee | No Marshall County estate fee table is posted on the county chancery clerk page. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, opening an estate includes an $85.00 chancery clerk fee, plus $10.00 to the Comprehensive Electronic Court Systems Fund, $40.00 to the Judicial System Operation Fund and $5.00 to the Civil Legal Assistance Fund, for a $140.00 statutory floor. Ask the clerk for the current total and any service or publication deposits. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire appointment. A small estate affidavit for personal property up to $75,000, effective July 1, 2020, is presented to the property holder and is not a court filing (Miss. Code Ann. § 91-7-322). |
| Local forms | Marshall County does not list a local probate packet or local small estate affidavit. Use the statewide chancery clerk cover sheet and the attorney-drafted petition for court filings. |
| E-filing | Attorneys file later papers through Mississippi Electronic Courts, MEC. A self-represented party may have read-only PAMEC access but does not file electronically. An estate starts with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec. |
| Case search | MEC and PAMEC are the statewide route, with free viewing at the clerk's office during business hours and registered remote access through PAMEC. Marshall County also has a paid Delta Computer Systems subscription index for chancery court and land record indexes with images from July 2013 forward. |
| Remote appearance | Ask the chancery clerk whether the chancellor will allow phone or video attendance in your matter. The district's annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Website | https://www.marshall-county.com/chancery-clerk |
Before you begin — know the assets and liabilities
Before you decide whether to file in Marshall County, list the assets, debts, account holders, vehicle titles, real estate, beneficiary designations and any original will. Mississippi routes depend on what the estate owns, whether a will exists and whether the family needs letters testamentary or letters of administration.
Sunset's estate settlement workflow includes asset discovery across more than 2,300 institutions, which helps families spot accounts before an attorney drafts the petition or before a successor uses the small estate affidavit under Miss. Code Ann. § 91-7-322.
Which court handles jurisdiction
Probate for Marshall County is filed with the Marshall County Chancery Clerk at the courthouse in Holly Springs. Mississippi chancery courts have jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159), and a chancery court is held in each county (Miss. Code Ann. § 9-5-3(1)).
For a will, Mississippi venue is the chancery court of the county where the testator had a fixed place of residence, with a land-based rule if there was no fixed place of residence and land is devised in the will (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration follow a different ladder: fixed place of residence, then county where the intestate owned land, then county where the intestate died (Miss. Code Ann. § 91-7-63). Marshall County is in Mississippi's 18th Chancery Court District with Benton, Calhoun, Lafayette and Tippah, but the estate is filed at Marshall County's own courthouse in Holly Springs.
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of known assets and debts, names and addresses for heirs or devisees, and any account or title papers needed for estate settlement.
- Choose the route. If the entire probate estate is personal property worth $75,000 or less excluding liens and encumbrances, effective July 1, 2020, and 30 days have passed, a successor may present a small estate affidavit to the bank, employer or other holder without filing it in court (Miss. Code Ann. § 91-7-322). If there is a will devising 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 consider muniment of title (Miss. Code Ann. § 91-5-35). Otherwise, use a full chancery 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 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 fiduciary pleadings, accounts, inventories and reports are personally signed and sworn by the fiduciary (UCCR 6.14).
- File the paper opening documents at the Marshall County Chancery Clerk's counter at 128 East Van Dorn Avenue in Holly Springs, 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 the court's approval, may admit the will to probate in common form and grant letters testamentary or letters of administration (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 bond if required by the court or clerk under Miss. Code Ann. § 91-7-41.
- After appointment, 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.
- Administer the estate, pay allowed debts and taxes, sell or transfer property as authorized, account as required, and seek the final decree of distribution and discharge through the chancery court.
Forms and documents
Probate forms in Marshall County
Marshall County does not list a local probate packet, local small estate affidavit or local instruction sheet on its public chancery clerk materials. The county's Delta Computer Systems forms page does not list probate or small estate documents.
For a court estate, expect to use the statewide chancery clerk cover sheet, the Uniform Chancery Court Rules and an attorney-drafted petition. Rule 6.02 matters here because a fiduciary in a full estate must retain an attorney unless the fiduciary is licensed to practice law in Mississippi.
Local nuance
Marshall County-specific considerations
| Local point | What to do |
|---|---|
| Courthouse and mailing address differ | Use 128 East Van Dorn Avenue for the chancery court counter in Holly Springs. Mail goes to P.O. Box 219, Holly Springs, MS 38635. |
| Two fax numbers appear in county materials | The chancery clerk page lists (662) 551-3302, while the county courts page lists (662) 252-0004. Call (662) 252-4431 before faxing a filing or correspondence. |
| Published office email | The chancery clerk page lists [email protected] for office contact. Do not rely on email for filings unless the clerk or your attorney tells you to do so. |
| Paid local index | Marshall County has a Delta Computer Systems subscription index for chancery court and land record indexes with images from July 2013 forward. It is separate from MEC and PAMEC, and it does not replace free viewing at the clerk's office through the statewide system. |
Recent updates
| Change | What it means in Marshall County |
|---|---|
| MEC completion | Mississippi completed statewide electronic filing and case management on June 30, 2025, and all chancery courts have been in MEC since June 19, 2023. Attorneys use MEC, while estate openings still begin with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec. |
| Small estate and muniment changes | The small estate affidavit amount is $75,000, effective July 1, 2020 (Miss. Code Ann. § 91-7-322), and the muniment of title procedure was rewritten with the same effective date (Miss. Code Ann. § 91-5-35). |
| Uniform Chancery Court Rules | The Uniform Chancery Court Rules were revised and amended effective April 18, 2024, including the fiduciary attorney rule in UCCR 6.02. |
| Legal aid intake | North Mississippi Rural Legal Services and Mississippi Center for Legal Services use separate intake numbers as of January 1, 2026. Marshall County is served by North Mississippi Rural Legal Services at 1-800-898-8731. Mississippi Center for Legal Services uses 1-800-519-2915. See mslegalservices.org. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Marshall County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking how the home is titled. If the home passes outside the estate and the remaining probate estate is personal property worth $75,000 or less, effective July 1, 2020, the small estate affidavit may settle those items without a court filing (Miss. Code Ann. § 91-7-322). If a will devises the home and all known debts are paid, ask the attorney about muniment of title (Miss. Code Ann. § 91-5-35). | Sunset helps identify accounts, organize title and beneficiary information, and prepare the estate settlement file for the attorney or affidavit holder. |
| Out-of-state adult child with a small estate | If 30 days have passed and the entire probate estate is personal property worth $75,000 or less excluding liens and encumbrances, effective July 1, 2020, the successor presents the affidavit to the holder rather than filing it in Marshall County (Miss. Code Ann. § 91-7-322). If letters are needed, a Mississippi attorney is required for the fiduciary under UCCR 6.02. | Sunset helps find accounts, build a document checklist and connect the family with a vetted Mississippi probate attorney when chancery filings are needed. |
| 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 debts are paid, the attorney may consider muniment of title (Miss. Code Ann. § 91-5-35). Without that fit, the parent should expect a full Marshall County chancery administration with an attorney retained under UCCR 6.02. The chancellor fixes fiduciary compensation and attorney fees, 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). | Sunset organizes asset discovery, deed and account information, and the estate settlement packet so the attorney can determine the cleanest path to sale. |
Self-help resources
| Resource | How it helps |
|---|---|
| Marshall County Chancery Clerk | Use the clerk for filing logistics, current counter hours, mailing instructions, fax confirmation and access to the public viewing route at the courthouse. Website: https://www.marshall-county.com/chancery-clerk. |
| North Mississippi Rural Legal Services | Marshall County is served by the Oxford office. Call 1-800-898-8731. The call center hours are Monday through Thursday, 9:30 to 3:30. Check eligibility before relying on help, because estate administration may not be accepted. |
| mslegalservices.org | Use the statewide legal aid directory by service area, legal information library and online forms directory. This is also the place to check current legal aid intake information. |
| NMRLS Heirs' Property Program | North Mississippi Rural Legal Services offers an heirs' property program that may be relevant when inherited land or real estate has unclear title. Program phone: 1-800-498-1804. |
| Mississippi Judiciary chancery court page | Use it for statewide chancery court information and the statewide chancery clerk cover sheet. |
| Uniform Chancery Court Rules | Use the rules to understand fiduciary signing, attorney, accounting and filing requirements, including UCCR 6.02. |
| MEC and PAMEC | Use https://courts.ms.gov/mec for Mississippi Electronic Courts and public access information. Remote PAMEC access requires registration, and free viewing is available at the clerk's office during business hours. |
When to hire an attorney
In a Marshall County full estate, this is a rule rather than a preference: 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 attorney compensation. The practical exception is the small estate affidavit for personal property up to $75,000, effective July 1, 2020, because it is presented to the holder and is not a court filing (Miss. Code Ann. § 91-7-322). If cost is the barrier, check North Mississippi Rural Legal Services through mslegalservices.org, while understanding legal aid may not accept estate administration matters. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank, brokerage, retirement, insurance and other accounts that can change the Marshall County estate settlement path.
Generate the probate packet. Sunset organizes the information your Mississippi attorney needs for the chancery petition, cover sheet, asset list and family information, or for deciding whether the small estate affidavit is enough.
Find a local probate attorney. Mississippi requires a fiduciary in a full estate to retain counsel under UCCR 6.02, so Sunset helps families connect with a vetted local probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, and the platform helps reduce the time spent tracking assets, documents and next steps.
Frequently asked questions
Where do I file probate in Marshall County, Mississippi?
File a full estate with the Marshall County Chancery Clerk at 128 East Van Dorn Avenue in Holly Springs. Marshall County Chancery Court handles probate jurisdiction under Miss. Const. art. 6, § 159, and venue depends on the decedent's fixed place of residence for a will (Miss. Code Ann. § 91-7-1) or the intestate venue ladder for letters of administration (Miss. Code Ann. § 91-7-63).
Can I e-file a Marshall County estate?
An attorney files later papers through MEC, but an estate is opened with a paper filing at the chancery clerk's counter. A self-represented party may use read-only PAMEC access but does not file electronically. See https://courts.ms.gov/mec.
What is the filing fee for a Marshall County estate?
Marshall County does not post a county-specific estate fee table 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, made up of an $85.00 chancery clerk fee, $10.00, $40.00 and $5.00 statutory assessments. Call the clerk for the current total and any publication or service deposit.
Does Marshall County have local probate forms?
Marshall County does not list a local probate packet or local small estate affidavit. Court filings use the statewide chancery clerk cover sheet, the Uniform Chancery Court Rules and an attorney-drafted petition. The small estate affidavit for personal property up to $75,000, effective July 1, 2020, is a statewide affidavit route under Miss. Code Ann. § 91-7-322.
Can I use a small estate affidavit in Marshall County?
Yes, if the Mississippi requirements fit. After 30 days, a successor may present the affidavit to the holder of personal property when the entire probate estate, excluding liens and encumbrances, is $75,000 or less, effective July 1, 2020 (Miss. Code Ann. § 91-7-322). It is not filed at the courthouse.
How do I look up a Marshall County chancery case?
Use MEC and PAMEC through https://courts.ms.gov/mec for statewide access. Remote PAMEC access requires a registered account, and free viewing is available at the chancery clerk's office during business hours. Marshall County also has a paid Delta Computer Systems subscription index for chancery court and land record indexes with images from July 2013 forward.
Can I attend a Marshall County probate hearing by phone or video?
Ask the Marshall County Chancery Clerk and your attorney. Remote attendance depends on the chancellor and district practice, and the annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). Do not assume the hearing format until the court or your attorney gives instructions.
Do I have to travel to Holly Springs for estate settlement?
If the small estate affidavit under Miss. Code Ann. § 91-7-322 fits, the successor presents it to the property holder, so a courthouse filing is not part of that route. If letters testamentary or letters of administration are needed, the fiduciary must retain an attorney under UCCR 6.02, and the attorney can advise what must be handled in person.
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.