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Sharkey County, MS Probate Information
Quick facts
| Topic | Sharkey County information |
|---|---|
| Court | Sharkey County Chancery Court (Miss. Const. art. 6, § 159) |
| Probate filings go to | Sharkey County Chancery Clerk, 120 Locust Street, Rolling Fork, MS 39159 |
| Mailing address | Sharkey County Chancery Clerk, P.O. Box 218, Rolling Fork, MS 39159 |
| Phone | 662-873-2755 |
| Fax | 662-873-6045 |
| [email protected] | |
| Hours | Specific public hours are not posted on Sharkey County's chancery clerk page. Call 662-873-2755 before visiting Rolling Fork. |
| Filing fee | For the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 lists an estate-opening fee floor of $140.00, made up of $85.00 for the chancery clerk, $10.00 for the Comprehensive Electronic Court Systems Fund, $40.00 for the Judicial System Operation Fund and $5.00 for the Civil Legal Assistance Fund. Call the Sharkey County Chancery Clerk for the exact current amount before filing. |
| Local forms | Sharkey County does not post a county probate packet on its county pages. Use the statewide chancery clerk cover sheet and the attorney-drafted petition required for a full estate. |
| E-filing | Attorneys file through Mississippi Electronic Courts. A person without an attorney may have read-only PAMEC access, but an estate case begins with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec/mec.php. |
| Case search | MEC and PAMEC are the statewide access points. Remote access requires a PAMEC account; free viewing of filed civil documents is available at the chancery clerk's office during regular business hours. See https://courts.ms.gov/mec/mec.php. |
| Remote appearance | Ask the Sharkey County Chancery Clerk how the 9th Chancery Court District handles a particular hearing. The district term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary who is not licensed to practice law in Mississippi to retain an attorney for the entire appointment. The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 is outside the court filing process and can be handled without an attorney because no fiduciary is appointed. |
| Website | https://www.sharkeycounty.net/ |
Before you begin — know the assets and liabilities
Before you decide whether Sharkey County probate is needed, list the assets, debts, account titles, beneficiary designations and any Mississippi real property. That first inventory often decides whether estate settlement can use a small affidavit, a muniment of title filing, or a full administration in the Sharkey County Chancery Court.
Sunset's asset discovery searches more than 2,300 financial institutions and helps organize what belongs in the probate estate, what may pass outside probate and what your Mississippi attorney needs for the first filing. That makes estate settlement in Rolling Fork more predictable before court costs, notice and attorney work begin.
Which court handles jurisdiction
File a Sharkey County estate with the Sharkey County Chancery Clerk at 120 Locust Street in Rolling Fork, or use the mailing address at P.O. Box 218, Rolling Fork, MS 39159. The Sharkey County Chancery Court serves Rolling Fork and the surrounding communities of Sharkey County (Miss. Const. art. 6, § 159).
Mississippi venue rules use the decedent's fixed place of residence, and the testate and intestate paths differ. A will is proved and letters are granted in the chancery court of the county where the testator had a fixed place of residence, with a land-based fallback if there was no fixed place of residence (Miss. Code Ann. § 91-7-1). Letters of administration for an intestate estate follow the county of fixed place of residence, then the county where the intestate owned land, then the county where the intestate died (Miss. Code Ann. § 91-7-63).
Sharkey County is in Mississippi's 9th Chancery Court District with Humphreys, Issaquena, Sunflower, Warren and Washington counties. That district structure assigns chancellors; it does not move a Sharkey County filing out of Rolling Fork. Chancery court is held in every county (Miss. Code Ann. § 9-5-3(1)).
The jurisdiction process
- Gather the death certificate, the original will if there is one, deed information for any Mississippi real property, account statements, debts and contact information for heirs or devisees.
- Choose the route. If 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, the small estate affidavit is presented to the bank, employer or other holder and is not filed with the court (Miss. Code Ann. § 91-7-322). If the decedent left 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, a muniment of title petition may fit (Miss. Code Ann. § 91-5-35). Otherwise, plan for full administration.
- For full administration, the executor or administrator must retain an attorney unless that fiduciary is licensed to practice law in Mississippi (Uniform Chancery Court Rule 6.02).
- The attorney prepares the petition. A petition to probate a will must attach a copy of the will as an exhibit, and fiduciary pleadings are personally signed and sworn by the fiduciary (UCCR 6.15; UCCR 6.14).
- File the opening papers on paper with the Sharkey County Chancery Clerk at 120 Locust Street in Rolling Fork, with the chancery clerk cover sheet and the court cost deposit. For 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 $85.00, $10.00, $40.00 and $5.00 components, and the clerk may require deposits for service or publication costs (UCCR 9.01). The original will stays with the clerk (UCCR 9.03).
- The Sharkey County Chancery Court, or the chancery clerk in vacation, meaning between court terms, may admit a will to probate in common form and grant letters testamentary or letters of administration, subject to the court's approval. The clerk's act is not final until approved by the court (Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147; Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 91-7-63).
- Give the required oath and address bond if the court or clerk requires it under Miss. Code Ann. § 91-7-41.
- After appointment, make reasonably diligent efforts to identify creditors, mail notice to known creditors, file the diligent-search affidavit, and then publish 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 (Miss. Code Ann. § 91-7-151).
- Administer the estate, pay allowed debts and taxes, account as required, distribute under the will or Mississippi law, and seek the final decree of distribution and discharge through the chancery court.
Forms and documents
Probate forms in Sharkey County
Mississippi uses the statewide chancery clerk cover sheet and the Uniform Chancery Court Rules rather than a one-size estate packet. For a full Sharkey County estate, the petition is drafted by the attorney required by Uniform Chancery Court Rule 6.02, and a petition to probate a will must attach a copy of the will as an exhibit (UCCR 6.15).
Sharkey County does not post a county probate packet, small estate affidavit form, or estate instruction sheet on its county pages. Call the Sharkey County Chancery Clerk at 662-873-2755 before filing to confirm the current cover sheet, copy needs, payment amount and whether the original will should be delivered in person or by mail.
Local nuance
Sharkey County-specific considerations
| Local point | What it means for a Sharkey County filing |
|---|---|
| Courthouse address | Use 120 Locust Street, Rolling Fork, MS 39159 for the Sharkey County Chancery Clerk and the Sharkey County Chancery Court (Miss. Const. art. 6, § 159). |
| Mailing address | Mail goes to Sharkey County Chancery Clerk, P.O. Box 218, Rolling Fork, MS 39159, which is different from the street address. |
| Fax and email | The chancery clerk's fax is 662-873-6045, and the office email is [email protected]. |
| Website and email domains | Sharkey County's public website is https://www.sharkeycounty.net/, while the chancery clerk email uses the sharkeycountyms.gov domain. |
| 9th Chancery Court District | Sharkey shares Mississippi's 9th Chancery Court District with Humphreys, Issaquena, Sunflower, Warren and Washington counties, but Sharkey County filings remain at the Rolling Fork courthouse. |
Recent updates
| Date | Change | What it means in Sharkey County |
|---|---|---|
| June 19, 2023 | All Mississippi chancery courts were implemented in Mississippi Electronic Courts. | Attorney e-filing in Sharkey County runs through MEC, and estate cases still begin with a conventional paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec/mec.php. |
| June 30, 2025 | Mississippi completed electronic filing and case management implementation for trial courts. | MEC and PAMEC are the statewide access points for Sharkey County chancery filings. See https://courts.ms.gov/mec/mec.php. |
| July 1, 2020 | The small estate affidavit ceiling became $75,000 under Miss. Code Ann. § 91-7-322, and muniment of title was rewritten under Miss. Code Ann. § 91-5-35. | Families should use current Mississippi amounts and procedures when evaluating estate settlement in Sharkey County. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended. | Rule 6.02 remains central because every fiduciary in a full estate must retain an attorney unless licensed to practice law in Mississippi. |
| January 1, 2026 | Mississippi's two civil legal aid providers began using separate intake hotlines. | Sharkey County's listed provider is Mississippi Center for Legal Services, Vicksburg office, with intake at 1-800-519-2915 and information through mslegalservices.org. |
Scenarios
| Situation | Likely Sharkey County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed. If the home passes outside the probate estate and the remaining probate personal property fits the $75,000 affidavit rule under Miss. Code Ann. § 91-7-322, the affidavit is presented to the holder. If a will devises the home and all known debts are paid, muniment of title may be filed with the Sharkey County Chancery Clerk under Miss. Code Ann. § 91-5-35. | Sunset helps identify accounts, organize deed and title questions, and prepare the information a Mississippi attorney needs for estate settlement. |
| Out-of-state adult child with a small estate | If 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, the Miss. Code Ann. § 91-7-322 affidavit is handed to the bank, employer or other holder rather than filed in Rolling Fork. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02, and the opening petition is filed with the Sharkey County Chancery Clerk. | Sunset helps determine whether the case needs letters, gathers asset information remotely, and connects the family with a vetted Mississippi probate attorney. |
| Parent settling a predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit does not transfer the house. Depending on whether there is a will and whether debts are paid, the path is muniment of title under Miss. Code Ann. § 91-5-35 or full administration in Sharkey County Chancery Court (Miss. Const. art. 6, § 159). Counsel is required for a full estate, and the chancellor fixes fiduciary and attorney compensation; fees may not be based on real property value (Miss. Code Ann. § 91-7-299; UCCR 6.12(B)). | Sunset helps locate accounts and debts, build an estate settlement plan, and match the parent with a local attorney for the court filing. |
Self-help resources
| Resource | How it helps |
|---|---|
| Sharkey County Chancery Clerk | Call 662-873-2755 for filing logistics, current public hours, payment amount, cover sheet questions and delivery of the original will. The office is at 120 Locust Street, Rolling Fork, MS 39159, with mail to P.O. Box 218, Rolling Fork, MS 39159, fax 662-873-6045 and email [email protected]. |
| Mississippi Judiciary chancery court page | Use https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php for the chancery court structure, district information and the statewide chancery clerk cover sheet. |
| Uniform Chancery Court Rules | These rules govern Mississippi fiduciary matters, including the attorney-retention rule in UCCR 6.02 and the rule that original wills stay in the clerk's vault under UCCR 9.03. |
| MEC and PAMEC | Use https://courts.ms.gov/mec/mec.php for Mississippi Electronic Courts and PAMEC. Attorneys file through MEC; public viewing at the clerk's office is free during regular business hours. |
| mslegalservices.org | This public legal information site is maintained by Mississippi's two civil legal aid providers and includes a directory searchable by service area. |
| Mississippi Center for Legal Services, Vicksburg office | This is the listed legal aid provider for Sharkey County. Intake is 1-800-519-2915. Eligibility is income-restricted, and the program may not take an estate administration matter, so use it to check eligibility rather than assuming representation. |
When to hire an attorney
For a full Mississippi 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 for many families is not a court filing at all: the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 can be used without appointing a fiduciary. A Sharkey County family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services through mslegalservices.org or 1-800-519-2915, although legal aid may not take estate administration matters. 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 more than 2,300 financial institutions, helps identify accounts, insurance, retirement assets and debts, and organizes what may or may not belong in the probate estate. That gives the family a clearer estate settlement map before filing in Sharkey County.
Generate the probate packet. Sunset turns the family's information into an organized packet for the Mississippi attorney, including asset lists, family information and documents needed for the Sharkey County Chancery Clerk filing.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary in a full Mississippi estate to retain counsel unless the fiduciary is a Mississippi-licensed lawyer, Sunset helps connect the family with a vetted attorney who can file in the Sharkey County Chancery Court (Miss. Const. art. 6, § 159).
Sunset is free for families. Sunset does not charge families for estate settlement support, asset discovery or attorney matching. The family pays any court costs, publication costs and attorney fees directly to the appropriate provider.
Frequently asked questions
Where do I file probate in Sharkey County?
File with the Sharkey County Chancery Clerk at 120 Locust Street, Rolling Fork, MS 39159. Probate is in the Sharkey County Chancery Court, not in a Mississippi circuit court (Miss. Const. art. 6, § 159).
What is the mailing address for the Sharkey County Chancery Clerk?
Mail Sharkey County estate filings to Sharkey County Chancery Clerk, P.O. Box 218, Rolling Fork, MS 39159. Call 662-873-2755 before mailing an original will or payment.
Can I e-file a Sharkey County estate case?
Attorneys file through Mississippi Electronic Courts. A person without an attorney may have read-only PAMEC access, and an estate case begins with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec/mec.php.
How much is the Sharkey County probate filing fee?
Sharkey County does not post a county estate fee total on its county pages. For 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 $85.00, $10.00, $40.00 and $5.00 components. Call 662-873-2755 for the current amount due at filing.
Does Sharkey County have its own probate forms?
Sharkey County does not post a county probate packet on its county pages. Use the statewide chancery clerk cover sheet, and expect the petition for a full estate to be prepared by the attorney required under UCCR 6.02.
Can a Sharkey County small estate avoid court?
Yes, if the Mississippi rule fits. After 30 days, a successor may present a small estate affidavit to the holder of personal property when the entire probate estate is $75,000 or less, excluding liens and encumbrances, and the other requirements of Miss. Code Ann. § 91-7-322 are met. The affidavit is presented to the holder, not filed with the court.
Can I attend a Sharkey County hearing by phone or video?
Ask the Sharkey County Chancery Clerk and your attorney how the assigned chancellor handles the specific matter. Remote attendance depends on the chancellor and 9th Chancery Court District practice, and the district's term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2).
How do I look up a Sharkey County chancery case?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php for remote access with a PAMEC account. Filed civil documents can also be viewed for free at the Sharkey County Chancery Clerk's office during regular business hours.
Do I have to travel to Rolling Fork for estate settlement?
It depends on the route. A qualifying Miss. Code Ann. § 91-7-322 small estate affidavit is presented to the property holder and may not require a courthouse visit. If letters testamentary or letters of administration are needed, a Mississippi attorney files in Sharkey County, and the attorney or clerk can explain what appearances, signatures or original documents are required (Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147).
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.