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Quitman County, MS Probate Information
Quick facts
| Item | Quitman County detail |
|---|---|
| Court | Quitman County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Quitman County Chancery Clerk, 220 Chestnut Street, Suite 2, Marks, MS 38646. |
| Mailing address | 220 Chestnut Street, Suite 2, Marks, MS 38646. |
| Phone | 662-326-2661. |
| Fax | 662-326-8004. Call before sending any filing by fax. |
| Hours | Call 662-326-2661 before visiting. Weekday public hours and any midday closure are not posted by the county. |
| Filing fee | As of the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 sets a $140.00 statutory floor for opening an estate, made up of an $85.00 chancery clerk fee, $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. Quitman County does not post a separate local total, so confirm the amount with the chancery clerk before filing. |
| 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, under Miss. Code Ann. § 91-7-322 does not create a court appointment and is presented to the holder of personal property rather than filed in court. |
| Local forms | Quitman County does not post a local estate packet. Use the Mississippi Chancery Clerk Cover Sheet and the petition prepared for the estate. |
| E-filing | Attorneys file through Mississippi Electronic Courts after the estate is opened. A self-represented party may hold a read-only PAMEC account but may not file electronically, and an estate begins with a paper filing at the chancery clerk's counter. MEC information is at https://courts.ms.gov/mec/mec.php. |
| Case search | MEC and PAMEC are available through https://courts.ms.gov/mec/mec.php. 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. |
| Remote appearance | Ask the chancery clerk whether the chancellor will allow phone or video attendance for a particular hearing. The 7th Chancery Court District's annual term order is posted through the chancery clerk's office under Miss. Code Ann. § 9-5-3. |
| Website | https://quitmancountyms.org/ |
Before you begin — know the assets and liabilities
Before starting estate settlement in Quitman County, identify the accounts, debts, real property, vehicles, business interests, and beneficiary designations. The right path depends on what is actually in the probate estate, whether there is an original will, and whether the decedent had a fixed place of residence in Quitman County.
Sunset's asset discovery searches more than 2,300 institutions so families can find accounts before deciding whether they need the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, a muniment of title petition under Miss. Code Ann. § 91-5-35, or full administration. That early inventory makes estate settlement faster and helps the attorney prepare the right filing.
Which court handles jurisdiction
Probate for Quitman County is filed at the Quitman County Courthouse in Marks with the Quitman County Chancery Clerk. Quitman County is in Mississippi's 7th Chancery Court District with Bolivar, Coahoma, Leflore, Tallahatchie, and Tunica counties, but that district groups chancellors. The Quitman County case is filed at this county's own courthouse, and chancery court is held in every county (Miss. Code Ann. § 9-5-3; Miss. Const. art. 6, § 159).
Venue for a will 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 in the will, the county where the land or part of it is located (Miss. Code Ann. § 91-7-1). Venue for an intestate estate follows a different ladder in Miss. Code Ann. § 91-7-63, beginning with the county where the intestate had a fixed place of residence. Quitman County means Marks for this purpose, not the separate city of Quitman in Clarke County.
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of known assets and debts, and contact information for heirs, devisees, and creditors.
- Choose the route. If at least 30 days have passed and the entire probate estate, excluding liens and encumbrances, is $75,000 or less in personal property, the small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the bank, employer, transfer agent, or other holder. If there is 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 the attorney 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 requires every executor or administrator, as 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, and pleadings, accounts, inventories, and reports filed by a fiduciary must be personally signed and sworn by the fiduciary (UCCR 6.15; UCCR 6.14).
- File the paper opening package with the Quitman County Chancery Clerk at 220 Chestnut Street, Suite 2, Marks, 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 between court terms subject to court approval, admits the will to probate and grants letters testamentary or letters of administration when the requirements are met. The clerk's action is not final until approved by the court (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147).
- Complete the oath and any bond the court or clerk requires under Miss. Code Ann. § 91-7-41.
- The executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to those identified, 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 chancery clerk. Claims not registered within 90 days after the first publication are barred under Miss. Code Ann. § 91-7-151.
- Administer the estate, pay approved debts and taxes, account as required, distribute property under the will or law, and seek a final decree of distribution and discharge.
Forms and documents
Probate forms in Quitman County
The Mississippi Judiciary provides a Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, which set content requirements rather than a complete estate packet. In Quitman County, the courthouse filing counter is the chancery clerk's office at 220 Chestnut Street, Suite 2, Marks.
Quitman County does not post a local estate packet, local small estate affidavit, or local chancery fee table on its county website. For full administration, the petition is drafted by the attorney required by UCCR 6.02, and the filing should include the cover sheet, the original will if there is one, and the cost deposit under Miss. Code Ann. § 25-7-9.
Local nuance
Quitman County-specific considerations
| Local point | What it means |
|---|---|
| Marks, not the city of Quitman | Quitman County's courthouse is in Marks. The city of Quitman is the seat of Clarke County and is not the place to file a Quitman County estate. |
| One chancery filing counter | Quitman County is not one of Mississippi's counties with two judicial districts. File at the Quitman County Chancery Clerk's office in Marks. |
| Fax published for the chancery clerk | The office fax is 662-326-8004, but that does not mean a filing may be sent by fax. Call 662-326-2661 before sending any document by fax. |
| Hours should be checked before travel | The county website does not post public hours for the chancery clerk. Call before driving to Marks, especially if you need to file near midday or late afternoon. |
Recent updates
| Date | Update |
|---|---|
| January 1, 2026 | North Mississippi Rural Legal Services and Mississippi Center for Legal Services began using separate intake hotlines. Quitman County is served through North Mississippi Rural Legal Services, Clarksdale office, at 1-800-898-8731. Mississippi Center for Legal Services uses 1-800-519-2915, and the directory is at mslegalservices.org. |
| June 30, 2025 | Mississippi announced completion of electronic filing across its courts. All chancery courts had already been implemented in MEC as of June 19, 2023. MEC and PAMEC information is at https://courts.ms.gov/mec/mec.php. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including rules governing fiduciary matters. |
| 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. |
Scenarios
| Situation | Likely Quitman County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by determining whether the home passes outside the estate. If only personal property remains and the Miss. Code Ann. § 91-7-322 requirements are met, the $75,000 small estate affidavit may settle that property without a court filing. If a will devises the home and all known debts are paid, the attorney may evaluate muniment of title under Miss. Code Ann. § 91-5-35. | Sunset helps identify accounts, debts, title issues, and beneficiary designations so the spouse does not open a full estate settlement unnecessarily. |
| Out-of-state adult child w/ small estate | If 30 days have passed and the entire probate estate, excluding liens and encumbrances, is $75,000 or less in personal property, the affidavit under Miss. Code Ann. § 91-7-322 is presented to the holder of the property rather than filed in Marks. If letters are needed, UCCR 6.02 requires a Mississippi attorney for the fiduciary. | Sunset helps collect asset information remotely, prepare an organized summary for counsel, and reduce unnecessary travel to the Quitman County courthouse. |
| Parent settling predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit does not transfer the house. If there is a will, all known debts are paid, and the non-real and non-exempt probate estate fits the Miss. Code Ann. § 91-5-35 requirements, muniment of title may be considered. Otherwise, full administration in the Quitman County Chancery Court is the usual path, and UCCR 6.02 requires counsel for the fiduciary. The chancellor fixes fiduciary and attorney compensation under Miss. Code Ann. § 91-7-299, and UCCR 6.12(B) says fees may not be based on real property value. | Sunset organizes the estate settlement file, finds accounts, and connects the family with a Mississippi probate attorney who can handle the Marks filing. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Quitman County Chancery Clerk | Receives estate filings for the Quitman County Chancery Court, keeps original wills filed with the court, and can answer filing-logistics questions such as hours, cost deposit, and where to file in Marks. The clerk cannot provide legal advice. | 220 Chestnut Street, Suite 2, Marks, MS 38646. Phone: 662-326-2661. Fax: 662-326-8004. Website: https://quitmancountyms.org/ |
| 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 for fiduciary matters, including attorney retention under UCCR 6.02, sworn filings, accounts, and handling of original wills. | Mississippi Judiciary rules pages. |
| MEC and PAMEC | Attorneys use MEC for electronic filing after the paper opening. Public users may use PAMEC for read-only remote access, and free viewing is available at the clerk's office during regular business hours. | https://courts.ms.gov/mec/mec.php |
| North Mississippi Rural Legal Services, Clarksdale office | Quitman County is in the Clarksdale service area. Legal aid through mslegalservices.org is income-based and may not take estate administration matters, but families who cannot afford counsel should check eligibility. | 1-800-898-8731. Directory: https://www.mslegalservices.org/find-legal-help/directory/area |
| NMRLS Heirs' Property Program | Provides information and help related to heirs' property issues, especially land or real estate inherited by multiple family members without clear title. It should not be treated as a promise of estate representation. | https://nmrls.com/heirs-property-program/ |
When to hire an attorney
In a Mississippi full estate, this is a rule, not just 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 term of the appointment, and the chancellor fixes the attorney's fee. The counterweight is the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, which is presented to the holder of personal property and does not create a court-appointed fiduciary. Quitman County families who cannot afford counsel should check North Mississippi Rural Legal Services through mslegalservices.org at 1-800-898-8731, while understanding that legal aid may not take estate administration matters. Sunset connects to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps organize what the family knows, so the estate settlement starts with a clearer picture of accounts, debts, and property.
Generate the probate packet. Sunset turns the asset list and family information into an organized packet for the Mississippi attorney, including the details needed for the Quitman County filing, the cover sheet, and the questions counsel will need answered.
Find a local probate attorney. Mississippi requires an executor or administrator who is not a Mississippi lawyer to retain counsel under UCCR 6.02. Sunset connects families with a vetted attorney who can handle the Quitman County Chancery Court filing.
Sunset is free for families. Sunset's estate settlement tools and attorney matching are free for families, with no upfront platform fee.
Frequently asked questions
Where do I file probate in Quitman County, Mississippi?
File at the Quitman County Chancery Clerk's office, 220 Chestnut Street, Suite 2, Marks, MS 38646. Quitman County probate belongs in the Quitman County Chancery Court under Miss. Const. art. 6, § 159, and venue depends on the decedent's fixed place of residence or the property rules in Miss. Code Ann. §§ 91-7-1 and 91-7-63.
Is Quitman County probate filed in the city of Quitman?
No. Quitman County's courthouse is in Marks. The city of Quitman is the seat of Clarke County, which is a different Mississippi county.
Can I e-file a Quitman County estate case?
Only registered attorneys file electronically through MEC after the estate is opened. A self-represented party may have read-only PAMEC access but may not file electronically, and every estate begins with a paper filing at the chancery clerk's counter. MEC and PAMEC information is at https://courts.ms.gov/mec/mec.php.
What is the filing fee for a Quitman County estate?
Quitman County does not post its own local estate total. As of the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 sets a $140.00 statutory floor, including $85.00, $10.00, $40.00, and $5.00 components, and the county total may be higher. Call the chancery clerk at 662-326-2661 before filing.
Does Quitman County have local probate forms?
Quitman County does not post a local estate packet or local small estate affidavit. Use the Chancery Clerk Cover Sheet and the attorney-prepared petition for full administration. A small estate affidavit under Miss. Code Ann. § 91-7-322 is a statewide personal-property route, not a Quitman County court filing.
Can I search a Quitman County estate case online?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote PAMEC access requires a registered account and fees may apply. Public viewing of electronic records is available at the chancery clerk's office during regular business hours.
Will I have to appear in person in Marks?
For the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, the affidavit is presented to the holder of personal property and is not filed in court. For a full estate, ask the attorney and the chancery clerk whether the chancellor will allow phone or video attendance for any hearing. Do not assume either way.
Who can help if I cannot afford a probate attorney in Quitman County?
Quitman County is served by North Mississippi Rural Legal Services, Clarksdale office, at 1-800-898-8731, with directory information at mslegalservices.org. Legal aid is income-based and may not take estate administration matters, but it is the first place to check if hiring counsel is difficult.
How long do creditors have in a Quitman County estate?
After the executor or administrator files the diligent-search affidavit and publishes the notice to creditors under Miss. Code Ann. § 91-7-145, claims must be probated and registered within 90 days after the first publication or they are barred under 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.