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, orderable in person, by mail, online, or by phone (online/phone via VitalChek, which adds a service fee). Webster County families order through the state office; the county Chancery Clerk does not issue death certificates. Verify current fees and processing times with MSDH before 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.
Mississippi allows collection of a small estate's personal property by affidavit when the value of the estate does not exceed $75,000, at least 30 days have passed since death, and no petition for appointment of a personal representative is pending or granted. Verify the current threshold and waiting period before relying on this path.
- Qualifies:
- $75,000
The executor named in a will, or an administrator when there is no will, is appointed by the Chancery Court, qualifies as personal representative, publishes notice to creditors, files an inventory and accounting as required, and distributes the estate under court supervision. Verify bond, notice, and accounting requirements with the Chancery Clerk.
- Attorney:
- not required by law, though many families use one
Where a will devises real or personal property and there are no unpaid debts (or debts can be otherwise addressed), the will may be probated solely as a muniment of title without a full administration, establishing title in the devisees. Confirm eligibility with the Chancery Clerk or an attorney.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Webster County Chancery Clerk (Chancery Court / probate filing) can help you understand forms and filing requirements at no cost.