Leake County
Probate Court
In Mississippi, estates are probated in the Chancery Court. This page gathers where to file in Leake County, the state rules that apply, and where every detail comes from.
Where to file in Leake County
- Handled by
- Chancery CourtIn Mississippi, probate and estate matters are heard exclusively by the Chancery Court across 20 Chancery Court districts, filed through the Chancery Clerk.
- Location
- Probate filings are made in the county seat, Carthage. We have not found an open, verifiable address for the office yet — use the county website below.
- Phone
- No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- leakecountyms.orgWikidata
- State courts & e-filing
- courts.ms.govCase search: Mississippi Electronic Courts (MEC) System
How probate runs in Leake County
Six stages, with the Mississippi rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. Mississippi deadline: Must be filed with Chancery Clerk promptly upon death.
- 02
Pick the right track
If the probate estate is under $75,000, a small-estate procedure (Miss. Code Ann. § 91-7-322 (Small Estate Affidavit)) may avoid full administration.
- 03
Petition the court
File the petition with the Chancery Court for Leake County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: 90 days from the date of first publication of notice to creditors (strict statutory bar).
- 06
Account and distribute
Pay debts, taxes and fees (Miss. Code Ann. § 91-7-299), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Mississippi courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
Mississippi rules that apply here
Probate law is state law — these apply in all 82 Mississippi counties.
- Small estates
- $75,000 probate estate less liens and encumbrances (personal property)Miss. Code Ann. § 91-7-322 (Small Estate Affidavit) · wait 30 days
- Filing the will
- Must be filed with Chancery Clerk promptly upon death
- Creditor claims
- 90 days from the date of first publication of notice to creditors (strict statutory bar)Miss. Code Ann. §§ 91-7-145, 91-7-151
- Executor fees
- Discretionary allowance by Chancellor, typically 1% to 7% of the estate value depending on work performedMiss. Code Ann. § 91-7-299 · estimate the fee
- Handwritten wills
- Recognized. Mississippi recognizes holographic wills if wholly written and subscribed by the testator (Miss. Code Ann. § 91-5-1).
- Estate tax
- No state estate tax.Mississippi has no state estate tax.
- Inheritance tax
- No.No inheritance tax in Mississippi.
- Typical duration
- 6 to 12 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: law.justia.com (statute)