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Webster County, MS Probate Information
Quick facts
| Topic | Webster County detail |
|---|---|
| Court | Webster County Chancery Court, the Mississippi court for matters testamentary and of administration under Miss. Const. art. 6, § 159 |
| Probate filings go to | Webster County Chancery Clerk |
| Courthouse address | 6333 MS Hwy 9, Suite 123, Walthall, MS 39771 |
| Mailing address | The county publishes the same address for the chancery clerk: 6333 MS Hwy 9, Suite 123, Walthall, MS 39771 |
| Phone | 662-258-4131 |
| Fax | 662-258-9635 |
| Hours | Webster County does not publish chancery clerk hours on its county site. Call before going to Walthall to confirm counter hours, filing cutoffs and any midday closure. |
| Filing fee | Webster County does not publish a chancery civil estate total on its county site. Miss. Code Ann. § 25-7-9, text effective until December 31, 2027, sets $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 statutory assessments, for a $140.00 statutory floor. Confirm the current total and payment method with the chancery clerk before filing. |
| 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, under Miss. Code Ann. § 91-7-322 needs no court filing and no attorney. |
| Local forms | Webster County does not publish a local estate packet, probate form, small estate affidavit form or estate filing instruction sheet. Mississippi provides a chancery clerk cover sheet and the Uniform Chancery Court Rules set filing content. |
| E-filing | Attorneys file through MEC. A self-represented party may hold a read-only PAMEC account but may not file electronically, and an estate case is opened with a paper filing at the chancery clerk's counter. Start at https://courts.ms.gov/mec/mec.php. |
| Case search | MEC and PAMEC are the public access route at https://courts.ms.gov/mec/mec.php. Remote PAMEC access requires an account, while free viewing is available at the chancery clerk's office during regular business hours. |
| Remote appearance | Ask the Webster County Chancery Clerk whether the chancellor will permit phone or video attendance for a particular setting. District term information is handled through the chancery court district's term order under Miss. Code Ann. § 9-5-3. |
| County website | http://www.webstercountyms.org/node/7 |
Before you begin — know the assets and liabilities
Before choosing a Webster County estate settlement path, list the accounts, vehicles, land, debts, tax items and beneficiary designations. Mississippi has different routes for a court estate, a $75,000 small estate affidavit effective July 1, 2020, under Miss. Code Ann. § 91-7-322, and muniment of title under Miss. Code Ann. § 91-5-35 when a will and Mississippi real property are involved.
Sunset's 2,300-institution asset discovery helps families find accounts before they decide whether a Webster County court filing is needed. That inventory also helps the attorney prepare the petition when full estate settlement must be opened in the Webster County Chancery Court.
Which court handles jurisdiction
Probate for Webster County is filed with the Webster County Chancery Clerk at 6333 MS Hwy 9, Suite 123, Walthall, MS 39771. Mississippi requires chancery court to be held in every county, and Webster County's court is part of the 14th Chancery Court District, which also includes Chickasaw, Clay, Lowndes, Noxubee and Oktibbeha Counties. The district assigns chancellors; it does not move a Webster County filing to another county. Chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159, and a court is held in each county under 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, with a different fallback if there was no fixed place of residence and Mississippi land is devised. For an intestate estate, letters of administration follow a separate county ladder. Use Miss. Code Ann. § 91-7-1 for a will and Miss. Code Ann. § 91-7-63 for an intestate estate.
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of assets and debts, and any deed or account paperwork that affects Webster County estate settlement.
- Choose the route. If the whole probate estate is $75,000 or less, effective July 1, 2020, excluding liens and encumbrances, and 30 days have passed, a successor may use the small estate affidavit under Miss. Code Ann. § 91-7-322 by presenting it to the bank, employer or other holder of personal property. If there is a will that devises Mississippi real property and the debt and property requirements are met, the attorney may use 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 fiduciary, unless licensed to practice law in Mississippi, to retain an attorney during the fiduciary's appointment.
- The attorney prepares the petition. A petition to probate a will must attach a copy of the will as an exhibit under UCCR 6.15, and fiduciary pleadings must be personally signed and sworn under UCCR 6.14.
- File on paper at the Webster County Chancery Clerk's counter in Walthall with the chancery clerk cover sheet and the court cost deposit. UCCR 9.01 ties the cost deposit to Miss. Code Ann. § 25-7-9, whose text effective until December 31, 2027, sets $85.00 plus $10.00, $40.00 and $5.00 statutory assessments, a $140.00 floor. The original will stays with the clerk under UCCR 9.03.
- The chancery court, or the chancery clerk in vacation subject to court approval, admits the will to probate in common form and grants letters testamentary or letters of administration. The clerk's acts are subject to the court's approval and are not final until approved under Miss. Code Ann. §§ 9-5-141 and 9-5-147.
- Provide bond if the court or clerk requires it 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 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, pay allowed debts and taxes, handle accounting, distribute property under the court's decree, and obtain discharge from the chancery court.
Forms and documents
Probate forms in Webster County
Webster County does not publish a local estate packet, probate form, small estate affidavit form or estate filing instruction sheet on its county site. The county's chancery office page links to land records tools and recording materials, but those are not a local estate filing packet.
Use the Mississippi chancery clerk cover sheet, confirm the current filing requirements with the Webster County Chancery Clerk, and have the petition prepared by the attorney required for a full estate under UCCR 6.02. The Uniform Chancery Court Rules set content requirements, including the will copy exhibit under UCCR 6.15 and sworn fiduciary pleadings under UCCR 6.14.
Local nuance
Webster County-specific considerations
| Local point | What it means for Webster County |
|---|---|
| County seat name | Webster County's courthouse is in Walthall. Do not confuse that community with Walthall County, a separate Mississippi county whose seat is Tylertown. |
| 14th Chancery Court District | The district includes Chickasaw, Clay, Lowndes, Noxubee, Oktibbeha and Webster Counties. No chancellor is seated in Webster County, but Webster County estates are still filed with the Webster County Chancery Clerk in Walthall. Chancery court jurisdiction comes from Miss. Const. art. 6, § 159. |
| County website | Use the county's current site at http://www.webstercountyms.org/node/7 for the chancery clerk page. |
| Hours | The county site does not publish chancery clerk hours. Call 662-258-4131 before traveling to Walthall. |
Recent updates
| Date | Change |
|---|---|
| June 30, 2025 | Mississippi announced completion of statewide electronic filing and case management. All chancery courts had been on MEC since June 19, 2023; start at https://courts.ms.gov/mec/mec.php. |
| July 1, 2020 | The small estate affidavit amount became $75,000, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, and the muniment of title procedure was rewritten under Miss. Code Ann. § 91-5-35. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the fiduciary attorney requirement in UCCR 6.02. |
| January 1, 2026 | North Mississippi Rural Legal Services and Mississippi Center for Legal Services use separate legal aid intake numbers. For Webster County, use North Mississippi Rural Legal Services at 1-800-898-8731. Statewide directory information is at mslegalservices.org, and Mississippi Center for Legal Services uses 1-800-519-2915 for its service area. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Webster County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Check the deed first. If the home passes outside the estate and the remaining probate estate is personal property within the $75,000 amount, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, the affidavit may settle the rest 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 Webster County Chancery Court filing. | Sunset helps locate accounts, organize deed and asset information, and prepare the family to speak with a Mississippi attorney if a court filing is needed. |
| Out-of-state adult child with small estate | If 30 days have passed and the whole probate estate is $75,000 or less, effective July 1, 2020, excluding liens and encumbrances, and consists of personal property, the Miss. Code Ann. § 91-7-322 affidavit is presented to the holder rather than opened as a court case. If letters are needed, the child must retain an attorney under UCCR 6.02 and the petition is filed with the Webster County Chancery Clerk. | Sunset helps determine whether a bank, employer or transfer agent needs letters, and can connect the family with a vetted Mississippi probate attorney when letters are required. |
| 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 and the debt requirements are met, muniment of title under Miss. Code Ann. § 91-5-35 may fit. Otherwise, full administration is filed in the Webster 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 the value of real property under UCCR 6.12(B). | Sunset helps build the asset picture, identify documents needed for a sale, and route the family to counsel for the Webster County filing. |
Self-help resources
| Resource | How it helps in Webster County |
|---|---|
| Webster County Chancery Clerk | 6333 MS Hwy 9, Suite 123, Walthall, MS 39771. Phone 662-258-4131. Fax 662-258-9635. Call for current hours, filing cutoffs, payment method and hearing setting questions. Website: http://www.webstercountyms.org/node/7. |
| Mississippi Judiciary chancery court page | Lists Mississippi chancery court districts and links to the chancery clerk cover sheet. Chancery court jurisdiction for estates comes from Miss. Const. art. 6, § 159. Website: https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php. |
| MEC and PAMEC | Use https://courts.ms.gov/mec/mec.php for Mississippi Electronic Courts information and PAMEC public access. Attorneys file through MEC. Free viewing is available at the chancery clerk's office during regular business hours. |
| mslegalservices.org | Statewide public legal information site maintained by Mississippi's two legal aid providers, with a directory searchable by service area. It is a place to check eligibility and information, not a promise of estate representation. |
| North Mississippi Rural Legal Services | Serves Webster County through the West Point office. Intake hotline: 1-800-898-8731, available Monday through Thursday, 9:30 am to 3:30 pm. Estate administration may not be within its services, but eligible families can ask. |
| Mississippi Access to Justice Commission legal resources link | The Webster County chancery office page links to this general legal-resources site for forms and public information. Use it as a general resource, not as a Webster County estate packet. |
When to hire an attorney
For a full Mississippi estate, Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire term of the appointment, and the chancellor fixes the attorney's fee. The useful exception is not a court case: the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 needs no court filing and no attorney. If cost is a barrier, Webster County families can check eligibility with North Mississippi Rural Legal Services through mslegalservices.org and 1-800-898-8731, while understanding that 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.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, investments, insurance, retirement accounts and other assets before the family chooses a Webster County estate settlement path.
Generate the probate packet. Sunset organizes the information needed for the Mississippi attorney's petition, the chancery clerk cover sheet, asset summaries and family details for filing with the Webster County Chancery Clerk.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain an attorney for a full estate, Sunset can connect the family with a vetted Mississippi probate attorney for the Webster County Chancery Court filing.
Sunset is free for families. Families can use Sunset to understand the estate settlement workload, collect documents and get matched with help without paying Sunset.
Frequently asked questions
Where do I file probate for Webster County, Mississippi?
File a Webster County estate with the Webster County Chancery Clerk at 6333 MS Hwy 9, Suite 123, Walthall, MS 39771. Mississippi chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159.
Is Webster County probate filed in Walthall County?
No. Webster County's courthouse is in the community of Walthall. Walthall County is a different Mississippi county with a different courthouse and clerk.
Can I e-file a Webster County estate case?
Attorneys file through MEC, and every estate case begins with a paper filing at the chancery clerk's counter. A self-represented party may hold a read-only PAMEC account but may not file electronically. Start at https://courts.ms.gov/mec/mec.php.
How do I look up a Webster County estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote PAMEC access requires an account. Free viewing is available at the chancery clerk's office during regular business hours.
Does Webster County publish probate forms?
Webster County does not publish a local estate packet, probate form, small estate affidavit form or estate filing instruction sheet on its county site. The Mississippi chancery clerk cover sheet and the Uniform Chancery Court Rules still apply, and a full estate petition is prepared by the attorney required under UCCR 6.02.
What is the Webster County probate filing fee?
Webster County does not publish a chancery civil estate total on its county site. Miss. Code Ann. § 25-7-9, text effective until December 31, 2027, sets $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 statutory assessments, for a $140.00 statutory floor. Call the chancery clerk to confirm the current total before filing.
Do I need an attorney for a Webster County estate?
Yes for a full estate unless the fiduciary is licensed to practice law in Mississippi. UCCR 6.02 requires an executor or administrator to retain an attorney. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is different because it is presented to the holder of personal property and is not a court estate filing.
Can I use a small estate affidavit in Webster County?
If 30 days have passed and the whole probate estate is $75,000 or less, effective July 1, 2020, excluding liens and encumbrances, a successor may use the small estate affidavit for personal property under Miss. Code Ann. § 91-7-322. It is presented to the bank, employer or other holder, not opened as a Webster County court case.
Can I attend a Webster County chancery hearing by phone or video?
Ask the Webster County Chancery Clerk whether the chancellor will permit phone or video attendance for the particular setting. Mississippi practice depends on the chancellor and district scheduling, and term information is handled through the district term order under Miss. Code Ann. § 9-5-3.
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.