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Walthall County, MS Probate Information
Quick facts
| Item | Walthall County details |
|---|---|
| Court | Walthall County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Walthall County Chancery Clerk, Walthall County Courthouse, 200 Ball Avenue, Tylertown, MS 39667. |
| Mailing address | P.O. Box 351, Tylertown, MS 39667. |
| Phone | 601-876-3553. |
| Fax | 601-876-6026. The clerk does not state that petitions should be faxed. |
| Hours | Open Monday through Friday from 8 am to 5 pm. No lunch closure or filing cutoff is published, so call before a time-sensitive trip. |
| Website | Walthall County Chancery Clerk page. The county's chancery clerk information is hosted on the Walthall County Chamber of Commerce site. |
| Filing fee | Walthall publishes, with no printed effective date and as reviewed in August 2026, $158.00 for an estate, testate or intestate, and $148.00 for muniment of title only. Miss. Code Ann. § 25-7-9, current text effective until December 31, 2027, sets a $140.00 floor made up of an $85.00 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, so confirm the current amount with the clerk before paying. |
| Local forms | The Walthall page tells filers to include a civil cover sheet and make checks payable to Walthall County Chancery Clerk. It does not link a local probate packet or local small estate affidavit. |
| E-filing | Attorneys file through Mississippi Electronic Courts. A self-represented party may use PAMEC for read-only access, and every estate is opened with a paper filing at the counter. Start at courts.ms.gov/mec. |
| Case search | Walthall's local page says chancery court files are not computerized for county web access. Remote access to Mississippi Electronic Courts runs through PAMEC, and free viewing is available at the chancery clerk's office during business hours. Start at courts.ms.gov/mec. |
| Remote appearance | Ask the Walthall County Chancery Clerk how the chancellor handles a particular hearing. District term information is posted through 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 such as an executor or administrator to retain an attorney unless the fiduciary is licensed to practice law in Mississippi. The $75,000 small estate affidavit, effective July 1, 2020, is presented to the property holder rather than filed in court and does not require an attorney (Miss. Code Ann. § 91-7-322). |
Before you begin — know the assets and liabilities
Before you file anything in Tylertown, identify the decedent's accounts, debts, land, vehicles, business interests and beneficiary designations. The right estate settlement path in Walthall County depends on what is actually in the probate estate, whether there is a will, whether real property is involved and whether letters are needed.
Sunset searches across more than 2,300 financial institutions to help families find accounts and assets before the attorney drafts the petition. That asset picture can keep the Walthall County filing focused and can show whether a no-court small estate affidavit under Miss. Code Ann. § 91-7-322, muniment of title under Miss. Code Ann. § 91-5-35, or a full chancery estate is the practical route.
Which court handles jurisdiction
Probate for Walthall County is filed with the Walthall County Chancery Clerk at the Walthall County Courthouse, 200 Ball Avenue, Tylertown, Mississippi. Walthall County is a single-courthouse county for this purpose.
Mississippi venue rules use the decedent's fixed place of residence for a will, with a different fallback if the decedent had 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 are granted in the chancery court of the county where the decedent had a fixed place of residence, with different fallbacks if there was no fixed place of residence (Miss. Code Ann. § 91-7-63).
Walthall County is in Mississippi's 4th Chancery Court District with Amite, Franklin and Pike counties. That district assignment is how chancellors are assigned. It does not move a Walthall County estate settlement filing out of Tylertown, because chancery court is held in each county (Miss. Code Ann. § 9-5-3(1); Miss. Const. art. 6, § 159).
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of probate assets and debts, and any information needed to decide whether real property is involved.
- Choose the Mississippi route. If 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, a successor may use the small estate affidavit by presenting it to the property holder, not by filing it with the court (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 fit (Miss. Code Ann. § 91-5-35). Otherwise, plan on full 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, and fiduciary pleadings must be personally signed and sworn as required by the Uniform Chancery Court Rules (UCCR 6.15; UCCR 6.14).
- File on paper with the Walthall County Chancery Clerk at the courthouse in Tylertown. Include the civil cover sheet, the court cost deposit, and any check payable to Walthall County Chancery Clerk. Walthall publishes, with no printed effective date and as reviewed in August 2026, $158.00 for an estate, testate or intestate. Miss. Code Ann. § 25-7-9, current text effective until December 31, 2027, sets the $140.00 statutory floor for the filing fee components, and UCCR 9.01 requires cost deposits with filing.
- Leave the original will with the clerk. Original wills are kept securely by the clerk and are not removed except by order of the chancellor (UCCR 9.03; Miss. Const. art. 6, § 159).
- The chancery court, or the chancery clerk in vacation, may admit the will to probate in common form and grant letters testamentary or letters of administration, subject to court approval. The clerk's act is not final until approved by the court (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147; Miss. Const. art. 6, § 159).
- Handle bond if the court or clerk requires it. Mississippi law requires an executor's oath and a bond in the amount approved by the court or clerk (Miss. Code Ann. § 91-7-41).
- After letters are granted, 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 (Miss. Code Ann. § 91-7-151).
- Administer the estate by collecting assets, paying allowed debts and taxes, addressing any sale of property through the attorney, and preparing any inventory, accounting and closing papers the chancellor requires. The chancellor fixes fiduciary compensation and attorney fees (Miss. Code Ann. § 91-7-299; UCCR 6.12(B); Miss. Const. art. 6, § 159).
- Close with the final accounting, decree of distribution and discharge when the estate is ready. Ask the Walthall County Chancery Clerk how the assigned chancellor handles hearing settings and any remote appearance request.
Forms and documents
Probate forms in Walthall County
Walthall County does not link a local probate packet, a local small estate affidavit, or local probate instructions from the chancery clerk page. The local instruction it does publish is practical: all filings should include a civil cover sheet, and payment checks can be made payable to Walthall County Chancery Clerk.
Mississippi provides a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, but the petition itself is drafted for the estate by the attorney required under Uniform Chancery Court Rule 6.02. If the estate uses the small estate affidavit instead, the affidavit is presented to the holder of the personal property and is not filed in Walthall County Chancery Court (Miss. Code Ann. § 91-7-322; Miss. Const. art. 6, § 159).
Fees
Walthall County publishes its own court-fee lines on the chancery clerk page, with no printed effective date. As reviewed in August 2026, the probate-relevant lines include $158.00 for an estate, testate or intestate, $148.00 for estate muniment of title only, $148.00 for muniment of title, $158.00 for accounting in probate, $158.00 for heirship, and $158.00 for will contest under Miss. Code Ann. § 91-7-23.
Those local figures sit above the statutory floor. Miss. Code Ann. § 25-7-9, current text effective until December 31, 2027, sets a $140.00 floor made up of an $85.00 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. Walthall's $158.00 estate line is $18.00 above that floor, and the county page does not itemize that difference. Confirm the current total with the Walthall County Chancery Clerk before filing or mailing payment.
Publication and service charges are separate from the court's filing fee. Miss. Code Ann. § 25-7-9(4), current text effective until December 31, 2027, allows the clerk to require the actual charges for service or publication when the filing party asks the clerk to pay them.
Local nuance
Walthall County-specific considerations
| Local point | Why it matters |
|---|---|
| Chamber-hosted chancery clerk page | Walthall County's live chancery clerk information is published on the Walthall County Chamber of Commerce site. Use the Walthall County Chancery Clerk page there for the office address, phone, fax, hours and fee table. |
| County web docket | The Walthall page states that chancery court files are handled through the clerk's office rather than a county web docket. Use PAMEC through courts.ms.gov/mec for remote read-only access where available, or view filings for free at the clerk's office during regular hours. |
| Civil cover sheet and payee | The local page tells filers to include a civil cover sheet and make checks payable to Walthall County Chancery Clerk. |
| Fee gap | Walthall publishes, with no printed effective date and as reviewed in August 2026, $158.00 for an estate and $148.00 for muniment of title. Miss. Code Ann. § 25-7-9, current text effective until December 31, 2027, sets a $140.00 statutory floor, so call the clerk before paying. |
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including Walthall County's, were implemented in Mississippi Electronic Courts. The statewide trial-court rollout finished June 30, 2025. Start at courts.ms.gov/mec. |
| July 1, 2020 | The small estate affidavit amount became $75,000 and the muniment of title procedure was rewritten (Miss. Code Ann. §§ 91-7-322, 91-5-35). |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the fiduciary rules that govern estate administration. |
| January 1, 2026 | Mississippi's two civil legal aid providers moved to separate intake hotlines. Mississippi Center for Legal Services serves Walthall County and uses 1-800-519-2915; the directory is at mslegalservices.org. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Walthall 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 personal property is $75,000 or less, effective July 1, 2020, the small estate affidavit may settle the rest without a Walthall court filing or an attorney (Miss. Code Ann. § 91-7-322). If a will devises Mississippi real property and all known debts are paid, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Walthall publishes, with no printed effective date and as reviewed in August 2026, a $148.00 muniment fee line under Miss. Code Ann. § 25-7-9. | Sunset identifies accounts, flags beneficiary assets, and helps organize the asset picture before the attorney decides whether the home needs a chancery filing. |
| Out-of-state adult child w/ small estate | If 30 days have passed and the probate estate is $75,000 or less, excluding liens and encumbrances, the child may be able to present the small estate affidavit to the bank or other holder rather than travel to Tylertown (Miss. Code Ann. § 91-7-322). If letters are needed, a fiduciary must retain counsel under UCCR 6.02, and the attorney opens the case with a paper filing at the Walthall County Chancery Clerk's counter. | Sunset helps locate accounts, prepare an organized packet for counsel, and reduce back-and-forth when the family is outside Mississippi. |
| Parent settling predeceased child's estate, home must be sold | The small estate affidavit does not transfer the house. If there is a will, all known debts are paid, and the non-real, non-exempt probate estate fits the Miss. Code Ann. § 91-7-322 amount, counsel may evaluate muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, the parent should expect full administration in Walthall County Chancery Court, with counsel required by UCCR 6.02 and compensation set by the chancellor rather than by a real-property percentage (Miss. Code Ann. § 91-7-299; UCCR 6.12(B); Miss. Const. art. 6, § 159). | Sunset gathers asset and debt information, creates a probate packet, and connects the family with a Mississippi probate attorney for the filing. |
Self-help resources
| Resource | How it helps in Walthall County |
|---|---|
| Walthall County Chancery Clerk | Use the clerk's page for the Tylertown courthouse address, mailing address, phone, fax, hours, civil-cover-sheet instruction, payee name and local fee lines: Walthall County Chancery Clerk. |
| Mississippi Center for Legal Services | Walthall County is listed in the McComb service area. Families who cannot afford counsel can check eligibility through the intake line, 1-800-519-2915. The legal aid directory is at mslegalservices.org. Estate matters may not be accepted. |
| Mississippi Judiciary chancery court page | Use the Judiciary's chancery court materials for the statewide Chancery Clerk Cover Sheet link and chancery court structure. Probate is in chancery court under Miss. Const. art. 6, § 159. |
| Uniform Chancery Court Rules | These rules govern fiduciary filings in Mississippi estates, including the attorney requirement in UCCR 6.02. |
| MEC and PAMEC | Use courts.ms.gov/mec for Mississippi Electronic Courts and PAMEC information. Attorneys file through MEC, remote public access is read-only through PAMEC, and free viewing is available at the chancery clerk's office during regular hours. |
When to hire an attorney
In a Walthall County full estate, the attorney step 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 firm of attorneys for the entire term of the appointment, and the chancellor fixes attorney compensation (UCCR 6.02; Miss. Const. art. 6, § 159). The practical exception is the $75,000 small estate affidavit, effective July 1, 2020, which is presented to the property holder and is not a court filing (Miss. Code Ann. § 91-7-322). A family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 and the directory at mslegalservices.org. Sunset connects families with a vetted local probate attorney, which Mississippi rules require for a full estate settlement.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, balances and beneficiary assets before the Walthall County filing decision is made.
Generate the probate packet. Sunset organizes the death certificate, will information, asset inventory, debt list and family details into a packet the Mississippi attorney can use to prepare the chancery petition and estate settlement filings.
Find a local probate attorney. Mississippi requires a fiduciary to retain an attorney for a full estate under UCCR 6.02, so Sunset helps connect the family with vetted Mississippi probate counsel for the Walthall County Chancery Court process.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. If a lawyer is needed, the attorney's engagement and fees are handled directly with that attorney.
Frequently asked questions
Where do I file probate for Walthall County?
File a Walthall County estate with the Walthall County Chancery Clerk at the Walthall County Courthouse, 200 Ball Avenue, Tylertown, MS 39667. Probate belongs in chancery court under Miss. Const. art. 6, § 159, and venue depends on the decedent's fixed place of residence for a will under Miss. Code Ann. § 91-7-1 and on the intestate venue ladder under Miss. Code Ann. § 91-7-63.
What is the Walthall County Chancery Clerk's phone number?
The Walthall County Chancery Clerk's phone number is 601-876-3553. The fax number is 601-876-6026, but the clerk's page does not tell families to fax probate petitions.
Does Walthall County have local probate forms?
The Walthall chancery clerk page does not link a local probate packet, local small estate affidavit, or local probate instructions. It does tell filers to include a civil cover sheet and make checks payable to Walthall County Chancery Clerk. The petition for a full estate is prepared by the attorney required under UCCR 6.02.
How much is the Walthall County estate filing fee?
Walthall publishes, with no printed effective date and as reviewed in August 2026, $158.00 for an estate, testate or intestate, and $148.00 for muniment of title. Miss. Code Ann. § 25-7-9, current text effective until December 31, 2027, sets a $140.00 statutory floor made up of $85.00, $10.00, $40.00 and $5.00 components, so call the clerk before paying.
Can I use a small estate affidavit in Walthall County?
Possibly, 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 property holder and is not filed with the Walthall County Chancery Clerk (Miss. Code Ann. § 91-7-322).
Can I e-file a Walthall County estate?
Attorneys use Mississippi Electronic Courts, and every estate begins with a paper filing at the Walthall County Chancery Clerk's counter. A self-represented party uses PAMEC for read-only access rather than filing access. Start with courts.ms.gov/mec.
Can I look up a Walthall County probate case online?
Walthall's local page says chancery court files are handled through the clerk's office rather than a county web docket. Remote access to Mississippi Electronic Courts is through PAMEC, and free viewing is available at the chancery clerk's office during regular business hours. Start at courts.ms.gov/mec.
Do I have to travel to Tylertown for a Walthall County estate?
Not always. If the estate qualifies for the $75,000 small estate affidavit, effective July 1, 2020, the affidavit is presented to the property holder and no courthouse filing is made (Miss. Code Ann. § 91-7-322). If letters testamentary or letters of administration are needed, the fiduciary must retain counsel under UCCR 6.02, and the attorney can ask the Walthall County Chancery Clerk how the assigned chancellor handles any appearance request (Miss. Code Ann. §§ 9-5-141, 9-5-147; Miss. Const. art. 6, § 159).
How are creditor claims handled in Walthall County?
After letters are granted, the executor or administrator makes reasonably diligent efforts to identify creditors, mails notice, files the diligent-search affidavit, and then publishes the notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-145). Claims not registered within 90 days after the first publication are barred (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.