Mississippi · 14th Chancery Court District of Mississippi
Oktibbeha County Chancery Court Guide
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.
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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 everythingMississippi Vital Records
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
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)
Creditor claim window
Creditors generally have 3 months from first publication of notice to creditors to bring claims against the estate. (Miss. Code Ann. Sec. 91-7-145, Sec. 91-7-147)
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?
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.
Mississippi allows a successor to collect a decedent's personal property by affidavit when the entire probate estate (excluding liens and encumbrances) does not exceed $75,000 and at least 30 days have passed since death, with no petition for appointment of a personal representative granted or pending. The threshold was raised from $50,000 to $75,000 by 2020 legislation (SB 2850). Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $75,000
The executor named in a will (testate) or an administrator appointed by the court (intestate) petitions the Chancery Court for Letters Testamentary or Letters of Administration, gives notice to creditors, files an inventory unless waived, and settles the estate under the chancellor's supervision. Verify bond, accounting, and notice requirements with the Chancery Clerk.
- Attorney:
- not required by law, though many families use one
For some small estates where the decedent left a will, real property can be transferred without full administration by probating the will as a muniment of title. This applies to real property and requires a will. Verify eligibility and procedure with the Chancery Clerk and a Mississippi attorney.
File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Oktibbeha County Chancery Clerk (Probate Filing Office) can help you understand forms and filing requirements at no cost.
Visit Self-Help CenterOther Topics That May Apply
Property & Real Estate
Property transfer after death, recording
Oktibbeha County Chancery Clerk
WebsiteVehicle Title Transfer
Retitle or transfer the deceased's vehicle. Office, forms, fees.
Oktibbeha County Tax Collector
- Phone:
- (662) 323-1273
- Address:
- 101 E Main Street Suite 103, Starkville, MS 39759
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
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.
Fee: $9
Helpful resources
- Mississippi DOR - Motor Vehicle Titles
Official Mississippi DOR page on vehicle titles: title fees ($9.00 standard, $39.00 Fast Track), processing times, replacement title process, and transferring ownership.
- Mississippi DOR - Motor Vehicle FAQs
Official DOR FAQ covering deceased-owner title transfers: county Tax Collector, Form 78-002, joint ownership rules (OR/AND/AND-OR), Affidavit of Heirship (Form 78-014), and letters of administration.
- Mississippi DOR - All Motor Vehicle Forms
Official DOR listing of all motor vehicle forms including Form 78-002 (Title Application), Form 78-006 (Replacement Title), and Form 78-014 (Affidavit of Heirship for a Motor Vehicle).
- Mississippi DOR - Form 78-014 Affidavit of Heirship for a Motor Vehicle
Direct PDF download: Affidavit of Heirship for a Motor Vehicle (Form 78-014). Used for heirship transfers when the will was not probated.
- Mississippi Code Annotated (Official Public Access)
Official Mississippi Code Annotated via LexisNexis public access — the official code access gateway linked from the Mississippi Legislature (legislature.ms.gov). Key sections: Title 63, Chapter 21 (Motor Vehicle Title Law); § 91-7-322 (small-estate affidavit).
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)
- https://www.dor.ms.gov/motor-vehicle-titles
- https://www.dor.ms.gov/motor-vehicle/motor-vehicle-frequently-asked-questions
- https://www.dor.ms.gov/forms-resources/form-search?division=motor_vehicle_forms
- https://www.dor.ms.gov/sites/default/files/tax-forms/motor-vehicle/78014178%20Affidavit%20of%20Heirship%20for%20a%20motor%20vehicle%2020210817.pdf
- https://www.lexisnexis.com/hottopics/mscode/
- https://www.legislature.ms.gov/
- https://www.oktibbeha.ms.gov/199/Tax-Office
Sources for this page (7)
The facts above come from these official sources. Verify current details with the office before filing.
- oktibbeha.ms.govhttps://www.oktibbeha.ms.gov/159/Chancery-Clerk
- courts.ms.govhttps://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php
- courts.ms.govhttps://courts.ms.gov/trialcourts/chancerycourt/chanclerks.pdf
- courts.ms.govhttps://courts.ms.gov/mec/mec.php
- law.justia.comhttps://law.justia.com/codes/mississippi/title-25/chapter-7/section-25-7-9/
- law.justia.comhttps://law.justia.com/codes/mississippi/title-91/chapter-7/division-general-provisions/section-91-7-322/
- law.justia.comhttps://law.justia.com/codes/mississippi/2020/title-91/chapter-7/section-91-7-147/
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 MississippiFrequently Asked Questions
How much does probate cost in Oktibbeha County?
How long does probate take in Oktibbeha County?
Do I need an attorney for probate in Oktibbeha County?
More Mississippi Resources
Explore the rest of the Mississippi probate hub.
Start here
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 Oktibbeha 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.