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Tallahatchie County, MS Probate Information
Quick facts
| Item | Local detail |
|---|---|
| Court | Tallahatchie County Chancery Court. Mississippi chancery courts have jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Tallahatchie County Chancery Clerk. The county has two judicial districts, with offices in Charleston and Sumner. Call before filing to confirm which office is currently taking the estate filing. |
| Charleston office | First Judicial District, 150 Court Square, Charleston, MS 38921. Mailing: P.O. Box 350, Charleston, MS 38921. Phone: 662-647-5551. Fax to confirm before use: 662-647-3702. |
| Sumner office | Second Judicial District. Mailing: P.O. Box 180, Sumner, MS 38957. Phone: 662-375-8731. Fax to confirm before use: 662-375-7252. Call before visiting to confirm the office door. |
| Hours | Call the clerk before visiting. No county office hours, lunch closure, or filing cutoff should be assumed for either courthouse. |
| Filing fee | No Tallahatchie County total was located. The current text effective until December 31, 2027, of Miss. Code Ann. § 25-7-9 sets the chancery clerk estate opening fee at $85.00, plus $10.00, $40.00, and $5.00 in statutory assessments, for a $140.00 statutory floor. Confirm the current local total with the clerk before filing. |
| 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. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is not a court filing and needs no attorney. |
| Local forms | Tallahatchie County publishes no probate form of its own. Use the statewide chancery clerk cover sheet and the petition prepared by the attorney required by UCCR 6.02 for a full estate. |
| E-filing | Attorneys file through Mississippi Electronic Courts after the case is opened. A self-represented party may have read-only PAMEC access, but may not file electronically. Estates open with a paper filing at the clerk's counter. See https://courts.ms.gov/mec/mec.php. |
| Case access | Use MEC and PAMEC at https://courts.ms.gov/mec/mec.php. Remote access requires a PAMEC account. Free viewing is available at the chancery clerk's office during regular business hours, with copy charges under Miss. Code Ann. § 25-7-9. |
| Remote appearance | Ask the chancery clerk whether the chancellor will allow a phone or video appearance. The annual term order for the 7th Chancery Court District is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Website | Use the Mississippi Judiciary chancery court page for statewide chancery court information and the cover sheet link. Call the Tallahatchie County Chancery Clerk for local filing details. |
Before you begin — know the assets and liabilities
Before choosing a Tallahatchie County filing path, list the assets, debts, names on title, beneficiary designations, and whether there is an original will. That first inventory decides whether the matter can be handled outside court with a Mississippi small estate affidavit or whether a Tallahatchie County Chancery Court filing is needed.
Sunset helps families begin estate settlement by searching across 2,300 institutions for accounts and assets, then organizing what the attorney and chancery clerk will need. In Tallahatchie County, that preparation is especially useful because the county has both Charleston and Sumner courthouse offices.
Which court handles jurisdiction
Probate for a Tallahatchie County decedent is handled in the Tallahatchie County Chancery Court, with filings made through the Tallahatchie County Chancery Clerk. Mississippi law provides that 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 separate intestate ladder for letters of administration (Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 91-7-63). Chancery court is held in every county and within each judicial district of a county having two judicial districts (Miss. Code Ann. § 9-5-3(1)).
Tallahatchie County sits in Mississippi's 7th Chancery Court District, which groups Bolivar, Coahoma, Leflore, Quitman, Tallahatchie, and Tunica counties for chancellor assignment. That district does not send a Tallahatchie County estate to another county. Because Tallahatchie County has two judicial districts, call the Tallahatchie County Chancery Clerk to confirm whether the Charleston or Sumner office should receive the filing.
The jurisdiction process
- Gather the death certificate, the original will if there is one, deeds, account statements, vehicle titles, debts, and known creditor information. The original will must be delivered physically because original wills are kept by the clerk under UCCR 9.03.
- Choose the route. If at least 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, personal property may be collected by presenting a small estate affidavit to the holder under Miss. Code Ann. § 91-7-322. If there is 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, muniment of title may be available under Miss. Code Ann. § 91-5-35. Otherwise, use a full administration.
- For a full administration, retain an attorney. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney throughout the appointment.
- The attorney prepares the petition. A petition to probate a will must attach a copy of the will as an exhibit, and fiduciary pleadings must be personally signed and sworn as required by UCCR 6.15 and UCCR 6.14.
- File on paper with the Tallahatchie County Chancery Clerk, using the statewide chancery clerk cover sheet and the court cost deposit required by UCCR 9.01 and Miss. Code Ann. § 25-7-9. Call first to confirm whether the Charleston or Sumner office should receive the filing.
- The chancery court, or the chancery clerk in vacation, meaning between court terms, subject to court approval, may admit the will in common form and grant letters testamentary or letters of administration. 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).
- Post bond if required by the court or clerk under Miss. Code Ann. § 91-7-41.
- The executor or administrator identifies creditors, mails notice to known creditors, files the diligent-search affidavit, and then publishes 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 first publication are barred under Miss. Code Ann. § 91-7-151.
- Administer the estate, pay allowed debts and taxes, account as required, distribute under the will or court order, and seek a final decree and discharge from the chancellor.
Forms and documents
Probate forms in Tallahatchie County
The form starting point in Tallahatchie County is the statewide chancery clerk cover sheet, plus a petition drafted for the facts of the estate. The Mississippi Judiciary provides that chancery cover sheet and the Uniform Chancery Court Rules, but Tallahatchie County publishes no probate form of its own.
For a full estate, the petition is prepared by the attorney required for the fiduciary under UCCR 6.02. If the family is using the $75,000 small estate affidavit route, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, the affidavit is presented to the bank, employer, transfer agent, or other holder of personal property rather than filed with the court.
Local nuance
Tallahatchie County-specific considerations
Tallahatchie County is one of Mississippi's dual-district counties. Chancery court is held in both the First Judicial District in Charleston and the Second Judicial District in Sumner, and Miss. Code Ann. § 9-5-3(1) requires chancery court to be held in each county and in each judicial district of a county having two judicial districts. No Mississippi probate venue rule was found that assigns an estate filing by internal district boundary, so call the Tallahatchie County Chancery Clerk before mailing or traveling.
For Charleston, use phone 662-647-5551 and mailing address P.O. Box 350, Charleston, MS 38921. For Sumner, use phone 662-375-8731 and mailing address P.O. Box 180, Sumner, MS 38957. Ask the clerk which office should receive the estate filing, whether the office is accepting faxed documents for any purpose, and what hours apply on the day you plan to file.
Recent updates
| Date | Update |
|---|---|
| June 30, 2025 | Mississippi announced completion of statewide electronic filing and case management. All chancery courts had already been implemented in MEC as of June 19, 2023. See https://courts.ms.gov/mec/mec.php. |
| January 1, 2026 | North Mississippi Rural Legal Services and Mississippi Center for Legal Services use separate intake hotlines. Tallahatchie County is served by North Mississippi Rural Legal Services, with intake at 1-800-898-8731. Mississippi Center for Legal Services uses 1-800-519-2915. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including rules governing fiduciary matters and attorney representation. |
| July 1, 2020 | The Mississippi small estate affidavit amount became $75,000 under Miss. Code Ann. § 91-7-322, and the muniment of title procedure under Miss. Code Ann. § 91-5-35 was rewritten. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Tallahatchie County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed. If the home passes outside the estate and the remaining probate estate is personal property within the $75,000 amount, effective July 1, 2020, the spouse may use the small estate affidavit under Miss. Code Ann. § 91-7-322 after 30 days. If a will devises the home and all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be the court path. Call the clerk to confirm Charleston or Sumner before filing. | Sunset identifies accounts, helps separate nonprobate assets from probate assets, and prepares the estate settlement summary for the attorney. |
| 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 Miss. Code Ann. § 91-7-322 affidavit is handed to the holder of personal property, not filed at the courthouse. If letters are needed, the child must retain an attorney under UCCR 6.02 and should ask the clerk which Tallahatchie office takes the filing. | Sunset organizes the asset list, finds missing accounts, and helps decide whether a court filing is needed before travel is planned. |
| 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 debts are paid, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, a full administration is filed with the Tallahatchie County Chancery Clerk. 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 builds the asset and debt picture, generates a packet for counsel, and connects the family with a local probate attorney. |
Self-help resources
| Resource | How it helps |
|---|---|
| Tallahatchie County Chancery Clerk, Charleston | First Judicial District. Mailing: P.O. Box 350, Charleston, MS 38921. Phone: 662-647-5551. Call before visiting or mailing to confirm whether this office should receive the estate filing. |
| Tallahatchie County Chancery Clerk, Sumner | Second Judicial District. Mailing: P.O. Box 180, Sumner, MS 38957. Phone: 662-375-8731. Call before visiting or mailing to confirm the correct filing office and current hours. |
| Mississippi Judiciary chancery court page | Provides statewide chancery court information, including the chancery court districts and the statewide chancery clerk cover sheet. Tallahatchie County is in the 7th Chancery Court District. |
| MEC and PAMEC | Use https://courts.ms.gov/mec/mec.php for Mississippi Electronic Courts information and public access. Attorneys file through MEC. Public remote viewing requires PAMEC access, and free viewing is available at the clerk's office during regular business hours. |
| mslegalservices.org | Statewide public legal information and a directory by service area. Use it to check legal aid eligibility and local service coverage. |
| North Mississippi Rural Legal Services | Serves Tallahatchie County through the Clarksdale office. Intake hotline: 1-800-898-8731, Monday through Thursday, 9:30 am to 3:30 pm. NMRLS may not take estate administration matters, so ask about eligibility and scope before relying on representation. |
| NMRLS heirs' property program | For heirs' property questions involving family land or unclear title. This is not a promise that NMRLS will handle a probate matter. |
When to hire an attorney
In Mississippi, this is a rule, not just a recommendation: Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire appointment, and the chancellor fixes the attorney's fee. The practical exception for many families is the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, because it is not a court filing and does not create a fiduciary appointment. If cost is the barrier, check eligibility through mslegalservices.org and North Mississippi Rural Legal Services at 1-800-898-8731, 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 bank accounts, investments, insurance, retirement accounts, and other assets that shape the Tallahatchie County estate settlement plan.
Generate the probate packet. Sunset organizes the asset list, debts, family information, and documents so the attorney can prepare the Tallahatchie County Chancery Court filing or decide that the small affidavit route is enough.
Find a local probate attorney. Because UCCR 6.02 requires an executor or administrator to retain an attorney unless the fiduciary is a Mississippi-licensed lawyer, Sunset helps connect families to a vetted attorney for the Tallahatchie County filing.
Sunset is free for families. Sunset supports estate settlement at no cost to families, including asset discovery, document organization, and attorney matching when a court filing is needed.
Frequently asked questions
Where do I file probate in Tallahatchie County?
File through the Tallahatchie County Chancery Clerk, not another county. Tallahatchie County has two judicial districts, with offices in Charleston and Sumner, and chancery court has probate jurisdiction under Miss. Const. art. 6, § 159. Call the clerk to confirm which office should receive the filing before mailing or traveling.
Does Tallahatchie County have one courthouse or two for estate filings?
Tallahatchie County has two judicial districts. The First Judicial District office is in Charleston, and the Second Judicial District office is in Sumner. Mississippi law requires chancery court to be held in each judicial district of a county that has two judicial districts, but the estate venue statutes speak in county terms, including the fixed place of residence rule for wills (Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 9-5-3(1)). Call the clerk to confirm the correct office for the filing.
Can I e-file a Tallahatchie County estate case?
Attorneys file through MEC after the case is opened, and MEC information is at https://courts.ms.gov/mec/mec.php. A self-represented party may have read-only PAMEC access but may not file electronically. A Mississippi estate case starts with a paper filing at the chancery clerk's counter.
How much is the filing fee in Tallahatchie County?
No Tallahatchie County total was published for this page. The current text effective until December 31, 2027, of Miss. Code Ann. § 25-7-9 sets a statutory floor of $140.00 for an estate opening, made up of $85.00 plus $10.00, $40.00, and $5.00 statutory assessments. Confirm the current total with the Tallahatchie County Chancery Clerk before filing.
Does Tallahatchie County publish its own probate forms?
Tallahatchie County publishes no probate form of its own. Use the statewide chancery clerk cover sheet and have the petition prepared by the attorney required for a full estate under UCCR 6.02. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is presented to the holder of personal property rather than filed at the courthouse.
Can I look up a Tallahatchie County estate case through MEC or PAMEC?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote PAMEC access requires an account, and public viewing is available at the chancery clerk's office during regular business hours. Copy charges are governed by Miss. Code Ann. § 25-7-9.
Can I attend a Tallahatchie County probate hearing by phone or video?
Ask the Tallahatchie County Chancery Clerk. Whether a phone or video appearance is allowed is set by the chancellor and district practice. The 7th Chancery Court District's annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2), and chancery court authority comes from Miss. Const. art. 6, § 159.
Do I have to travel to Tallahatchie County for a small estate?
If the estate qualifies for the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, the affidavit is presented to the person or institution holding personal property after 30 days. That route is not a court filing. If letters testamentary or letters of administration are needed, a Mississippi attorney must be retained under UCCR 6.02, and the filing goes through the Tallahatchie County Chancery Clerk.
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.