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Mississippi · 12th Chancery Court District of Mississippi

Clarke County Chancery Court Guide

Settled Estate records a $135+ court filing fee and a 3-month creditor claim period for the Clarke County Chancery Court, read from 7 linked sources and last verified June 14, 2026.

By Settled Estate Editorial Team

Chancery Court information · Updated June 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

$135+
Court filing fee
3 months
Creditor claims, from notice
601-776-2126
Filing office phone
Unofficial guide · Verified June 2026 · Clarke County Chancery CourtSources (7)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Mississippi Vital Records

Certified Mississippi death certificates are issued by the Mississippi State Department of Health (MSDH) Vital Records office, not by the county. Clarke County families order from MSDH by mail, in person in Jackson, or online/by phone via VitalChek (an added service fee applies). Verify the current fee and ordering options with MSDH before ordering.

How to order

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

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required 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)

Cost: Verify locally
Where: Clarke County Chancery Clerk
Clerk Website

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

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

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.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

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.

A successor may collect a decedent's personal property by affidavit when the value of the entire probate estate (excluding liens and encumbrances) does not exceed $75,000, at least 30 days have passed since death, and no personal representative has been appointed or application is pending. The affidavit is presented to the holder of the asset. Verify eligibility for the specific assets and institutions involved.

Qualifies:
$75,000

The executor (with a will) or administrator (without a will) is appointed by the Chancery Court, receives letters testamentary or letters of administration, publishes notice to creditors, files an inventory (unless waived), and accounts to the court. Verify bond, surety, notice, and accounting requirements with the Chancery Clerk.

Attorney:
not required by law, though many families use one

Where the decedent left a will, it may be admitted to probate as a muniment of title to pass real property without a full administration when the value of the estate other than real property does not exceed $75,000. Verify eligibility and the current threshold with the court.

Qualifies:
$75,000

File for Probate

Where to file, forms & fees

Where to File

Office: Clarke County Chancery Court
Address: P.O. Box 689, Quitman, MS 39355
How: in person
Get Forms

Free Filing Help Available

Clarke County Chancery Clerk's Office can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Clarke County Chancery Clerk - Land Records

Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Clarke County Tax Collector

Phone:
(601) 776-6931
Address:
101 South Archusa Avenue, Quitman, MS 39355
Office Website

When a Mississippi vehicle owner dies, the title is transferred through the county Tax Collector's office in the county where the owner resided. The Mississippi Department of Revenue (DOR) issues titles and sets statewide requirements under Miss. Code Ann. Title 63, Chapter 21. The county Tax Collector is the front-line office that accepts title applications (Form 78-002), collects fees, and processes transfers. Mississippi does not offer a Transfer-on-Death (TOD) vehicle designation.

Transfer scenarios

Joint Ownership (OR) — Surviving Spouse or Co-Owner

Documents needed:

  • Title Application (Form 78-002)
  • Existing vehicle title
  • Surviving owner signature

The surviving owner signs Form 78-002 at the county Tax Collector's office and pays the $9.00 title fee. No probate, death certificate, or court order required.

When the title uses 'OR,' either owner may act independently; the survivor holds the vehicle outright.

Joint Ownership (AND/OR) — Surviving Spouse or Co-Owner

Documents needed:

  • Title Application (Form 78-002)
  • Existing vehicle title
  • Certified death certificate of the deceased owner

The surviving owner presents the death certificate and completed Form 78-002 at the county Tax Collector's office and pays the $9.00 title fee.

Joint Ownership (AND) — Probated Will Required

Documents needed:

  • Title Application (Form 78-002)
  • Existing vehicle title
  • Surviving owner signature
  • Court-endorsed copy of the probated will (from Chancery Court)

The deceased owner's estate must be probated in Chancery Court. The surviving owner then presents the court-endorsed will and Form 78-002 at the county Tax Collector's office and pays the $9.00 title fee.

Heirship Transfer — Affidavit of Heirship (Form 78-014)

Documents needed:

  • Title Application (Form 78-002)
  • Affidavit of Heirship for a Motor Vehicle (Form 78-014)
  • Existing vehicle title
  • Certified death certificate

Complete and submit Form 78-014 along with Form 78-002, the existing title, and a certified death certificate to the county Tax Collector's office. Executors and administrators must pay all applicable fees and taxes. No court proceeding is required when using this heirship affidavit path.

This is the primary nonprobate path for sole-owner decedent vehicles in Mississippi when the small-estate affidavit threshold is met or when an estate is handled informally. The DOR FAQ explicitly identifies Form 78-014 as the document for heirship transfers where the will was not probated.

Probate Administration — Letters Testamentary or Administration

Documents needed:

  • Title Application (Form 78-002)
  • Existing vehicle title
  • Letters testamentary or letters of administration from Mississippi Chancery Court
  • Certified death certificate

Open probate in the Chancery Court of the county where the decedent resided. Upon appointment, the executor or administrator presents letters with Form 78-002 at the county Tax Collector's office and pays all fees and taxes. The title is then transferred to the estate or distributed to beneficiaries.

Forms

  • Title Application(78-002)(Obtain from county Tax Collector's office or DOR. The standard $9.00 title fee applies.)
  • Affidavit of Heirship for a Motor Vehicle(78-014)(Submit with Form 78-002, existing title, and death certificate to the county Tax Collector's office.)
  • Application for Replacement Certificate of Title(78-006)($9.00 replacement title fee. Mail to Mississippi Department of Revenue, Motor Vehicle Services, P.O. Box 1383, Jackson, MS 39215-1383. Also available as Fast Track ($39.00) for 72-hour processing.)

Fees

Standard motor vehicle title fee: $9.00 per dor.ms.gov/motor-vehicle-titles (confirmed via live browser 2026-06-27). Applies to new titles, replacement/duplicate titles, and electronic titles. Fast Track title: $39.00 for 72-hour processing.$9
replacement title fee$9
fast track fee$39

Fees set by the Mississippi Department of Revenue. Additional ad valorem taxes and registration fees may apply at the county level. Verify current county-specific fees at the county Tax Collector's office.

Small-estate vehicle transfer

Mississippi allows a successor to collect personal property — including a motor vehicle — without opening probate using a statutory affidavit under Miss. Code Ann. § 91-7-322. The affidavit is presented directly to the asset holder (the county Tax Collector for vehicle title transfers). The holder is protected from liability upon good-faith compliance. At the county Tax Collector, this is typically combined with Form 78-014 (Affidavit of Heirship for a Motor Vehicle) and Form 78-002 (Title Application).

Threshold: $75,000

The affidavit covers personal property only; it cannot transfer real estate. Practice may vary by county Tax Collector; confirm acceptance of the § 91-7-322 affidavit path before relying on it.

Lost or duplicate title

If the original certificate of title is lost, stolen, or damaged

Complete Form 78-006, include payment of $9.00, and mail to: Mississippi Department of Revenue, Motor Vehicle Services, P.O. Box 1383, Jackson, MS 39215-1383. For Fast Track (72-hour) processing, use Form 78-026 with the $39.00 fee.

Form:Application for Replacement Certificate of Title(78-006)

Fee: $9

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (7)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Mississippi

Frequently Asked Questions

How much does probate cost in Clarke County?
Probate filing fees in Clarke County, Mississippi vary by the type of administration. The court filing fee shown on this page is $135+; confirm current amounts with the Chancery Court before filing.
How long does probate take in Clarke County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Clarke County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Mississippi Resources

Explore the rest of the Mississippi probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Clarke County Chancery Court on June 14, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Mississippi can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.