1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingMississippi Vital Records
Certified Mississippi death certificates are issued by the Mississippi State Department of Health (MSDH) Vital Records office, not by the county Chancery Clerk. Orders can be placed by mail, in person at the Ridgeland office, or online/by phone through the state's authorized vendor. Records are mailed within about 7 to 10 business days of ordering.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
A will is offered for probate in the Chancery Court of the county where the decedent was domiciled. Mississippi law does not set a fixed numeric deadline in this template for delivering a will after death; the custodian should present the original will to the Chancery Clerk to begin probate. Verify timing and the custodian's obligations with the court. (Miss. Code Ann. 91-7-7)
Creditor claim window
Creditors generally have 3 months from first publication of notice to creditors to bring claims against the estate. (Miss. Code § 91-7-151)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Mississippi small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
When the entire probate estate (excluding liens and encumbrances) does not exceed $75,000, the decedent has been deceased at least 30 days, there is no real property to transfer, and no personal representative has been appointed or is pending, a successor may collect personal property by affidavit presented to the asset holder. Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $75,000
The executor named in a will (or an administrator when there is no will) petitions the Chancery Court to admit the will to probate and/or grant letters. The personal representative gives notice to creditors, files an inventory and accounting, and obtains a decree closing the estate. Real estate generally passes to heirs or devisees at death and is administered through the estate when needed to pay debts. Verify bond, surety, notice, and accounting requirements with the Chancery Court.
- Attorney:
- not required by law, though many families use one
When the estate is solvent and the will only needs to be established to pass title (typically real property), Mississippi allows a will to be probated as a muniment of title without full administration, subject to the statute's conditions. Verify eligibility with the Chancery Court.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Carroll County Chancery Clerk (Probate) can help you understand forms and filing requirements at no cost.
Visit Self-Help Center