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Tishomingo County, MS Probate Information
Quick facts
| Topic | Local detail |
|---|---|
| Court | Tishomingo County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Tishomingo County Chancery Clerk, 1008 Battleground Drive, Iuka, MS 38852. |
| Mailing | Use 1008 Battleground Drive, Iuka, MS 38852 unless the chancery clerk gives a different mailing address for your filing. |
| Phone | (662) 423-7010. |
| Fax | (662) 423-7005. |
| [email protected]. | |
| Hours | Call before visiting. Tishomingo County does not list chancery clerk hours, midday closures or filing cutoffs on its county site. |
| Filing fee | Tishomingo County publishes $158.00 for an estate, testate or intestate, and $148.00 for estate, muniment of title only, as reviewed in August 2026 with no printed effective date. Miss. Code Ann. § 25-7-9 sets a statutory floor of $140.00 under the text effective until December 31, 2027, made up of $85.00 for an estate of deceased, $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. Confirm the current total with the chancery clerk. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary, unless licensed to practice law in Mississippi, to retain an attorney during the entire term of the appointment. The $75,000 small estate affidavit, effective July 1, 2020, is handled under Miss. Code Ann. § 91-7-322 and needs no court filing and no attorney. |
| Local forms | Tishomingo County publishes no probate form, small estate affidavit form or local probate instruction sheet of its own. Use the statewide chancery clerk cover sheet if the clerk requires it, and have the attorney prepare the petition required 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. Every estate begins with a paper filing at the chancery clerk's counter. See courts.ms.gov/mec. |
| Case search | Remote public access is through MEC and PAMEC at courts.ms.gov/mec with a registered account. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours, with copy charges for copies. Tishomingo County's online land index is for land records, not estate case lookup. |
| Remote appearance | Ask the chancery clerk and the assigned attorney. Remote appearance depends on the chancellor and district practice, and the district term order is posted through the chancery clerk process described in Miss. Code Ann. § 9-5-3. |
| County website | https://www.co.tishomingo.ms.us/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Tishomingo County, make a practical inventory of what the person owned, what was co-owned, what had beneficiaries, what debts remain and whether the original will exists. That asset picture controls whether estate settlement can stay outside court, use muniment of title, or needs a full chancery estate.
Sunset's 2,300-institution asset discovery helps families find bank, investment, retirement and insurance accounts before they pay a filing fee or ask an attorney to draft the petition. In Tishomingo County, that preparation also helps you decide whether the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, can solve the personal-property side without a courthouse filing.
Which court handles jurisdiction
Probate for Tishomingo County is filed at the Tishomingo County Courthouse in Iuka with the Tishomingo County Chancery Clerk. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court (Miss. Const. art. 6, § 159; Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 91-7-63).
Tishomingo County is in Mississippi's 1st Chancery Court District with Alcorn, Itawamba, Lee, Monroe, Pontotoc, Prentiss and Union counties. That district grouping is how chancellors are assigned; a Tishomingo County case is filed at this county's own courthouse in Iuka. Mississippi law provides that chancery court is held in each county (Miss. Code Ann. § 9-5-3).
For a will, venue 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 the will devises land, where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, the venue ladder is different: fixed place of residence, then where the decedent owned land, then where the decedent died (Miss. Code Ann. § 91-7-63).
The jurisdiction process
- Gather the death certificate, the original will if there is one, deeds, account statements, creditor information and beneficiary information before starting estate settlement.
- 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, effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the bank, employer or other holder and is not filed with the chancery clerk. If there is a will devising Mississippi real property, all known debts are paid and the non-real, non-exempt probate estate fits the § 91-7-322 sum, ask the attorney about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- For a full estate or a muniment of title petition, retain an attorney. Uniform Chancery Court Rule 6.02 requires each 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 attaches a copy of the will as an exhibit, and pleadings, accounts, inventories and reports filed by a fiduciary are personally signed and sworn as required by UCCR 6.14 and UCCR 6.15.
- File the paper opening documents at the Tishomingo County Chancery Clerk's counter at 1008 Battleground Drive in Iuka, with the chancery clerk cover sheet if required 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, meaning between terms of court, subject to court approval, admits the will to probate in common form and grants letters testamentary or letters of administration when the legal requirements are met (Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 91-7-63; Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 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 known creditors, files the diligent-search affidavit, and then publishes the notice to creditors for three consecutive weeks under 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, handle taxes and debts, sell or transfer property if authorized, prepare required accountings, and seek the final decree of distribution and discharge through the chancery court.
Forms and documents
Probate forms in Tishomingo County
Mississippi provides a statewide chancery clerk cover sheet and the Uniform Chancery Court Rules, but not a statewide probate form packet. In Tishomingo County, the county forms page lists general county forms and does not list a local probate form, small estate affidavit form or estate instruction sheet.
For a full estate, the petition is drafted by the attorney that Uniform Chancery Court Rule 6.02 requires the fiduciary to retain. For a will, the petition must attach a copy of the will as an exhibit under UCCR 6.15, and the original will is delivered to the Tishomingo County Chancery Clerk for safekeeping under UCCR 9.03.
| Form or filing item | How it works in Tishomingo County |
|---|---|
| Chancery clerk cover sheet | Use the statewide chancery clerk cover sheet when the clerk requires it for a paper filing. |
| Petition for full administration | Prepared by the attorney, filed on paper with the Tishomingo County Chancery Clerk. |
| Small estate affidavit | Tishomingo County does not publish a local version. The affidavit under Miss. Code Ann. § 91-7-322 is presented to the holder after 30 days for personal property up to $75,000, effective July 1, 2020, and is not filed with the court. |
| Muniment of title | Filed as a petition under Miss. Code Ann. § 91-5-35 when the statutory requirements fit. Tishomingo County publishes $148.00 for estate, muniment of title only, as reviewed in August 2026 with no printed effective date, subject to Miss. Code Ann. § 25-7-9 and current clerk confirmation. |
Fees
Tishomingo County publishes an itemized chancery fee table. As reviewed in August 2026, with no printed effective date, it lists $158.00 for an estate, testate or intestate, $148.00 for estate, muniment of title only, and $158.00 for a will contest. A will contest is governed by the two-year contest rule in Miss. Code Ann. § 91-7-23.
Those local amounts sit above the Miss. Code Ann. § 25-7-9 statutory floor. Under the text effective until December 31, 2027, that floor is $140.00: $85.00 for an estate of deceased, $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. Tishomingo's published $158.00 estate amount is $18.00 above that floor, so call the chancery clerk before filing to confirm the current amount, acceptable payment method and any publication or service deposits.
| Local charge | Amount | Timing note |
|---|---|---|
| Estate, testate or intestate | $158.00 | Published by Tishomingo County as reviewed in August 2026, with no printed effective date. |
| Estate, muniment of title only | $148.00 | Published by Tishomingo County as reviewed in August 2026, with no printed effective date. |
| Will contest | $158.00 | Published by Tishomingo County as reviewed in August 2026, with no printed effective date. See Miss. Code Ann. § 91-7-23. |
Local nuance
Tishomingo County-specific considerations
| Local point | What it means |
|---|---|
| One courthouse | Tishomingo County is not one of Mississippi's two judicial districts counties. File a Tishomingo County estate at the Tishomingo County Courthouse in Iuka. |
| County website | Use https://www.co.tishomingo.ms.us/ for Tishomingo County information. Do not rely on similarly named web addresses that are not the county's live site. |
| Land index | The county's online land index gives access to Tishomingo County land records. It is not a chancery estate case search. |
| Hours | The county does not list chancery clerk hours, lunch closures or filing cutoffs on its county site. Call (662) 423-7010 before traveling to Iuka. |
| Legal aid mapping | Tishomingo County is one of the Mississippi counties not named on either provider's office page. Use mslegalservices.org's service-area lookup and check both provider hotlines. |
Recent updates
| Date | Change |
|---|---|
| June 19, 2023 | Every Mississippi chancery court, including the Tishomingo County Chancery Court, was on Mississippi Electronic Courts. The statewide trial-court rollout finished June 30, 2025. See courts.ms.gov/mec. |
| July 1, 2020 | The 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. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the fiduciary rules used in estate cases. |
| January 1, 2026 | North Mississippi Rural Legal Services and Mississippi Center for Legal Services began using separate intake hotline numbers. Use mslegalservices.org to check the current service-area listing. |
Scenarios
| Situation | Likely Tishomingo 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 personal property is $75,000 or less, effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 may settle the personal property without a filing in Iuka. If a will devises the home and all known debts are paid, ask the attorney about muniment of title under Miss. Code Ann. § 91-5-35; Tishomingo County publishes $148.00 for that filing as reviewed in August 2026 with no printed effective date, subject to Miss. Code Ann. § 25-7-9. | Sunset helps identify accounts, beneficiary designations and deed issues so the spouse can choose the right estate settlement path before paying court costs. |
| Out-of-state adult child with a small estate | If 30 days have passed and the whole probate estate, excluding liens and encumbrances, is $75,000 or less in personal property, effective July 1, 2020, the Miss. Code Ann. § 91-7-322 affidavit is handed to the bank or other holder and is not filed anywhere. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02, and the paper filing goes to the Tishomingo County Chancery Clerk in Iuka. | Sunset gathers asset information, organizes debts and documents, and connects the family to a Mississippi probate attorney when a full estate is required. |
| Parent settling a predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit cannot transfer the house. If there is a will and the debt requirements are met, muniment of title under Miss. Code Ann. § 91-5-35 may fit. Otherwise, the parent should expect full administration in the Tishomingo County Chancery Court. The chancellor fixes fiduciary compensation and attorney fees under Miss. Code Ann. § 91-7-299, and fees may not be based on real-property value under UCCR 6.12(B). | Sunset helps build the asset list, generate the probate packet for attorney review, and find a local probate attorney for the court filing. |
Self-help resources
| Resource | How it can help | Contact |
|---|---|---|
| Tishomingo County Chancery Clerk | Filing counter for Tishomingo County estate cases, local fee confirmation, copy requests and free in-office viewing of filed civil documents. The clerk cannot give legal advice. | 1008 Battleground Drive, Iuka, MS 38852; (662) 423-7010; fax (662) 423-7005; [email protected]; https://www.co.tishomingo.ms.us/chancery-clerk/ |
| Mississippi Judiciary chancery courts page | Statewide chancery court information and link to the chancery clerk cover sheet used for paper filings. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules for fiduciary estates, including the attorney requirement in UCCR 6.02 and filing content rules. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Remote access to Mississippi Electronic Courts with a registered PAMEC account; free viewing is available at the clerk's office during regular business hours, with copy charges for copies. | courts.ms.gov/mec |
| mslegalservices.org service-area directory | Use the directory to check which legal aid provider serves Tishomingo County. Estate administration may not be within a provider's services, but families who cannot afford counsel should check eligibility. | https://www.mslegalservices.org/find-legal-help/directory/area |
| North Mississippi Rural Legal Services | One of the two providers to check because Tishomingo County is not named on either provider's office page. Intake call center hours are Monday through Thursday, 9:30 to 3:30. | 1-800-898-8731; https://nmrls.com/ |
| Mississippi Center for Legal Services | The other provider to check because Tishomingo County is not named on either provider's office page. | 1-800-519-2915; https://mscenterforlegalservices.org/ |
When to hire an attorney
In Mississippi, this is a rule, not a preference: Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or law firm for the entire term of the appointment, and the chancellor fixes the fee. The counterweight is the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, which is not a court filing and does not require an attorney. Families who cannot afford counsel should check eligibility through mslegalservices.org and both provider hotlines, but legal aid may not take estate 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 across more than 2,300 financial institutions to help identify accounts, insurance, retirement assets and other property that may affect estate settlement in Tishomingo County.
Generate the probate packet. Sunset organizes the family information, asset details, debts and documents into a packet a Mississippi attorney can use to prepare the chancery filing.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain an attorney for a full Mississippi estate, Sunset helps connect families with a vetted probate attorney for the Tishomingo County Chancery Court process.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, so they can understand the estate before paying filing costs or attorney fees.
Frequently asked questions
Where do I file probate in Tishomingo County?
File a Tishomingo County estate at the Tishomingo County Chancery Clerk's office, 1008 Battleground Drive, Iuka, MS 38852. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159), and venue for a will depends on the decedent's fixed place of residence or the location of devised land under Miss. Code Ann. § 91-7-1.
Can I e-file a Tishomingo County estate?
The opening filing is made on paper at the chancery clerk's counter. Attorneys then file through Mississippi Electronic Courts, and a self-represented party may have read-only PAMEC access but may not file electronically. See courts.ms.gov/mec.
What is the filing fee for an estate in Tishomingo County?
Tishomingo County publishes $158.00 for an estate, testate or intestate, as reviewed in August 2026 with no printed effective date. Miss. Code Ann. § 25-7-9 sets a statutory floor of $140.00 under the text effective until December 31, 2027, so call the chancery clerk to confirm the current amount before filing.
Does Tishomingo County have local probate forms?
Tishomingo County publishes no local probate form, small estate affidavit form or probate instruction sheet of its own. Mississippi uses a statewide chancery clerk cover sheet and the Uniform Chancery Court Rules, and the petition for a full estate is prepared by the attorney required under UCCR 6.02.
Can I use a small estate affidavit in Tishomingo County?
Yes, if the Mississippi requirements fit. After 30 days, a successor may present the affidavit under Miss. Code Ann. § 91-7-322 to the person or institution holding personal property when the entire probate estate, excluding liens and encumbrances, is $75,000 or less, effective July 1, 2020. It is not filed with the chancery clerk.
How do I look up a Tishomingo County estate case?
Remote public access is through MEC and PAMEC at courts.ms.gov/mec with a registered account. Free viewing of filed civil documents is available at the Tishomingo County Chancery Clerk's office during regular business hours, with copy charges for copies. The county's online land index is for land records, not estate case lookup.
Do I have to travel to Iuka for a small estate?
If the Miss. Code Ann. § 91-7-322 small estate affidavit applies, it is presented to the bank, employer or other holder of personal property and is not filed in Iuka. If letters testamentary or letters of administration are needed, the estate proceeds through the Tishomingo County Chancery Court, and the attorney can help you ask about any appearance options. The clerk's authority to grant letters is subject to court approval (Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147).
Are remote appearances available in Tishomingo County?
Ask the chancery clerk and the assigned attorney. Remote appearance depends on the chancellor and district practice, and the district's term order process is tied to Miss. Code Ann. § 9-5-3. The page cannot promise a phone or video appearance.
Does Mississippi require an attorney for Tishomingo County probate?
For a full estate, yes. UCCR 6.02 requires each fiduciary, unless licensed to practice law in Mississippi, to retain an attorney during the appointment. 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.
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.