Southaven practice on Tchulahoma Road whose probate work runs through the DeSoto County Chancery Court, from opening the estate to the executor's discharge. Handles estate administration, will contests, trustee guidance, and guardianships and conservatorships, and prepares wills and advance directives. Heidi S. Milam has over 20 years of experience; consultations are free.
What to Do When Someone Dies in DeSoto County, Mississippi
How probate works in DeSoto County: the Chancery Court record, what the process costs, and how to file there.
Probate Court Record
DeSoto County Chancery Court
DeSoto County · Chancery Court District 3
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
Room 100, 2535 Highway 51 South, Hernando, MS 38632
Website
Files probate
Chancery Court Records
E-filing
Self-represented filing
Attorney of record required
Self-help forms
E-filing
Required for attorneysAttorneys file estate papers through Mississippi Electronic Courts (MEC). A party without a lawyer files on paper at the chancery clerk's office, and the clerk uploads the filing to the case. On paper: Self-represented parties file on paper, and the clerk scans the filing into MEC.
Accepted payment
- At the counterCredit card.Chancery court fees can be paid online by credit card.
County forms
- Affidavit of Small EstateCollect a small estate without opening an administration (Miss. Code § 91-7-322)
- Probate of ClaimFile a creditor claim against an estate
P.O. Box 949
Hernando, MS 38632
Fax
1-662-469-8308
Departments
- Chancery Court Records1-662-469-8398 · Takes probate filings · Room 100 · chancourt@desotocountyms.govThe court records division in Rooms 100 and 104 of the courthouse takes estate filings. Public terminals there search Mississippi Electronic Courts case records.
Verified October 16, 2026 · Source
How Probate Works in DeSoto County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In DeSoto County, probate runs through the Chancery Court at 2535 Highway 51 South, Hernando. The court sits in the Chancery Court District 3. The same Chancery Court District 3 also serves Grenada, Montgomery, Panola, Tate and Yalobusha.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Mississippi intestacy law when there is no will.
Most Mississippi estates take 12 months to 18 months to move through this process. Creditors have 3 monthsMiss. Code §§ 91-7-145, 91-7-149, 91-7-151, 91-7-165, 91-7-261Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in DeSoto County
What probate costs in DeSoto County, Mississippi comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Chancery Court at 2535 Highway 51 South, Hernando. The court is part of the Chancery Court District 3.
The Chancery Court charges $143Miss. Code Ann. § 25-7-9(1)(j), (2), (3); § 37-26-3(1); § 37-26-9(4)Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Mississippi are negotiated, typically 1.6%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.5%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Mississippi allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payMiss. Code § 91-7-299 (such sum as the court deems proper; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Mississippi requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Miss. Code Ann. §§ 91-7-41, 91-7-45, 91-7-67Verified Sep 8, 2026View source of estate value annually.
Probate in Mississippi typically runs 12 months to 18 months, and costs accrue throughout that period.
How to File Probate at the Chancery Court
Probate cases in DeSoto County, Mississippi are filed at the Chancery Court Records of the Chancery Court. The court sits in the Chancery Court District 3.
Can You File Without an Attorney?
Mississippi requires an attorney of record to open formal probate, and informal probate is availableMiss. Code Ann. § 9-5-141 (chancery clerk may, in termtime or vacation, take proof of wills, admit wills to probate in common form, and grant letters testamentary and of administration)Verified Sep 8, 2026View source; a qualifying small estate can still be collected without one.
For a full cost comparison and filing checklist, see the DeSoto County Self-Filing Assessment.
What to Bring
Filed with the opening petition at the Chancery Court: Original will and any codicils, with a copy of the will attached as an exhibit to the petition (UCCR 6.15); Petition to admit the will to probate / for letters (attorney-drafted, personally signed and sworn to by the fiduciary — UCCR 6.14) under Miss. Code § 91-7-1 et seq; Death certificate — NOT required by any Mississippi statute, court rule, or official form as a condition of opening an estate or obtaining Letters; commonly supplied at intake. (A CERTIFIED copy is required by statute only downstream, to obtain a deceased user's digital assets from a custodian — § 91-23-13.)Miss. Code §§ 91-7-1 to 91-7-67 (proof of wills, grant of letters testamentary & of administration); § 9-5-141 (chancery clerk powers); Uniform Chancery Court Rules 6.01-6.02 (fiduciary must retain a Mississippi attorney)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in DeSoto County
In DeSoto County certified copies of the death certificate come from Mississippi State Department of Health - Vital Records.
Vital Records Office Record
Mississippi State Department of Health - Vital Records
DeSoto County · State vital records office
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM (except state holidays)
Office
222 Marketridge Drive, Ridgeland, MS 39157
Website
Certified copies
From Mississippi State Department of Health - Vital Records
Mississippi Vital Records
P.O. Box 1700
Jackson, MS 39215-1700
Certified copy fees
| First certified copy | $17 |
| Each additional copy ordered at the same time | $6 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
DeSoto County · DeSoto County Coroner
Phone
Website
Verified November 2, 2026 · Source
Transferring Property in DeSoto County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Chancery Clerk.
Deeds and other real property documents for DeSoto County are recorded with the Chancery Clerk at 311 West South Street, Suite C, Hernando, MS 38632. Phone: 1-662-469-8397. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 949, Hernando, MS 38632.
The Chancery Clerk charges $25 for the first 5 pages plus $1 for each page beyond 5.
DeSoto County accepts electronic recording through CSC, ePN and Simplifile.
Recording Office Record
Chancery Clerk
DeSoto County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
311 West South Street, Suite C, Hernando, MS 38632
Website
E-recording
P.O. Box 949
Hernando, MS 38632
Fax
1-662-469-8308
Recording fees
| Base fee (first 5 pages) | $25 |
| Each page beyond 5 | $1 |
| Miss. Code Ann. 25-60-5 Archive FeeApplies to a TOD deed | $1 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
Miss. Code Ann. 25-7-9(1)(b); 25-60-5
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form · Affidavit of Heirship Form
Probate Attorneys Serving DeSoto County
Mississippi allows informal probate, so many families settle straightforward estates in DeSoto County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Mississippi are based on reasonable compensation, billed hourly or as a flat fee. Ask a DeSoto County firm to quote a structure up front.
A probate attorney files the petition with the Chancery Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Southaven office in DeSoto County serving DeSoto, Marshall and Tunica counties in north Mississippi along with Shelby County, Tennessee. Eric L. Sappenfield prepares wills and handles probate and estate administration, representing clients in all facets of the Mississippi probate process. Most of the practice is residential and commercial real estate closings, title insurance and foreclosures.
Solo practice in the Deerchase Office Park on Getwell Road in Southaven, in DeSoto County. Handles testate and intestate probate after a death in the family and drafts wills and revocable living trusts meant to keep heirs out of probate, alongside guardianships and conservatorships. Giles W. King has over 25 years in private practice, and initial consultations are free.
Southaven firm, with a second office in Water Valley, serving DeSoto County families in chancery court for more than 25 years. Guides executors and administrators from filing to distribution, handles probate litigation and will contests, and advises trustees and beneficiaries in trust administration and disputes, along with guardianships and conservatorships. Virtual consultations are offered.
Grenada firm off Interstate 55 serving Grenada and north Mississippi, including DeSoto County, for more than 20 years. Guides executors and administrators through probate, from locating beneficiaries to paying creditors and handling will contests, and drafts wills, trusts, and powers of attorney. The initial consultation is free by phone or in person.
Oxford firm on North Lamar Boulevard serving Lafayette and 17 more north Mississippi counties on estate cases, from DeSoto and Marshall to Lee and Grenada. Guides families through probate and prepares wills, living, special needs, generation-skipping and QTIP trusts and powers of attorney. Founded in 2004 by Rhea Tannehill and Jay Carmean; Tannehill is 2025-2026 President of the Mississippi Bar.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- Miss. Code § 91-7-299 (such sum as the court deems proper; no statutory percentage)
- Miss. Code §§ 91-7-1 to 91-7-67 (proof of wills, grant of letters testamentary & of administration); § 9-5-141 (chancery clerk powers); Uniform Chancery Court Rules 6.01-6.02 (fiduciary must retain a Mississippi attorney)
- Miss. Code §§ 91-7-145, 91-7-149, 91-7-151, 91-7-165, 91-7-261
- Miss. Code Ann. § 25-7-9(1)(j), (2), (3); § 37-26-3(1); § 37-26-9(4)
- Miss. Code Ann. § 9-5-141 (chancery clerk may, in termtime or vacation, take proof of wills, admit wills to probate in common form, and grant letters testamentary and of administration)
- Miss. Code Ann. 25-7-9(1)(b); 25-60-5
- DeSoto County Chancery Court, official page
- DeSoto County Chancery Clerk, official page
- DeSoto County vital records and death investigation offices, official page
Data sourced from Mississippi statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Mississippi
Free tools for settling an estate in Mississippi: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
How Do I Settle an Estate?
Settling an estate in Mississippi: the personal representative files the estate inventory within 90 daysMiss. Code §§ 91-7-93, 91-7-95, 91-7-109Verified Sep 15, 2026View source of appointment; creditors have 3 monthsMiss. Code §§ 91-7-145, 91-7-149, 91-7-151, 91-7-165, 91-7-261Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Mississippi happens outside court: the trustee acts under the state's Uniform Trust CodeMiss. Code Ann. § 91-8-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysMiss. Code §§ 91-8-813, 91-8-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Mississippi requires an attorney of record to open formal probate, and informal probate is availableMiss. Code Ann. § 9-5-141 (chancery clerk may, in termtime or vacation, take proof of wills, admit wills to probate in common form, and grant letters testamentary and of administration)Verified Sep 8, 2026View source; a qualifying small estate can still be collected without one.
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