What to Do When Someone Dies in Leake County, Mississippi

Probate in Leake County runs through the Chancery Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Leake County, settling their estate runs through the Chancery Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Chancery Court

Leake County

Address

101 Court SquareCarthage, MS 39051Mailing: P.O. Box 72

Fax

601-267-6137

Hours

Monday - Friday, 8:00 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing required for attorneys

Chancery Clerk: Dot Merchant (dmerchant@co.leake.ms.us). Office suite # 309.

Verified July 5, 2026 · Source

How Probate Works in Leake 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 Leake County, probate runs through the Chancery Court at 101 Court Square, Carthage.

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. The 3 monthsMiss. Code Ann. § 91-7-151 (90 days after first publication); § 91-7-145 (notice to creditors; publish weekly for 3 consecutive weeks)Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Leake County

What probate costs in Leake 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 101 Court Square, Carthage.

Mississippi charges $143Miss. Code Ann. § 25-7-9; § 37-26-3; § 37-26-9(4)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Chancery Court (https://courts.ms.gov/mec/mec.php). Self-represented filers can request a paper-filing exemption.

Estimate the costs for this estate:

Attorney fees in Mississippi are negotiated, typically 1.6%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source to 2.5%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Mississippi requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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

If you're handling probate yourself in Leake County, Mississippi, you can file at the Chancery Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Leake County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Chancery Court is realistic.

For a full cost comparison and filing checklist, see the Leake County Self-Filing Assessment.

What to Bring

To file at the Chancery Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Leake 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 Leake County are recorded with the Chancery Clerk, led by Chancery Clerk Dot Merchant, at 101 Court Square, Carthage, MS 39051. Phone: 601-267-7371. Hours: Monday - Friday, 8:00 AM - 5:00 PM.

Documents submitted by mail go to P.O. Box 72, Carthage, MS 39051.

The Chancery Clerk charges $25 for the first 5 pages plus $1 for each page beyond 5.

Recording Office Record

Chancery Clerk

Leake County · Chancery Clerk · Dot Merchant

Address

101 Court SquareCarthage, MS 39051Mailing: P.O. Box 72, Carthage, MS 39051

Fax

601-267-6137

Hours

Monday - Friday, 8:00 AM - 5:00 PM
Visit recorder website →

Recording fees

Base fee (first 5 pages)$25
Each page beyond 5$1
Transfer tax on a TOD deedExempt

Miss. Code Ann. 25-7-9(1)(b)

Verified September 7, 2026 · Source

Probate Attorneys Serving Leake County

Mississippi allows informal probate, so many families settle straightforward estates in Leake 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 — typically 1.6%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source to 2.5%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Leake 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.

FirmMeridian, MS

Jacob & Kieronski, LLP

Since 1959 · Serves 13 counties

A general practice law firm in Meridian with a focus on domestic law. The firm assists clients with all aspects of estate planning, including will and trust creation, probate matters, and will contests. Serves clients throughout East Central Mississippi.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
1010 19th Avenue, Suite 10Meridian, MS 39302
Free consultation

Solo PracticePhiladelphia, MS

Nicholas M. Haas, Attorney at Law

Serves 5 counties

Solo practitioner on Knight Street in Philadelphia serving Neshoba County and the surrounding east central Mississippi counties. Handles wills, probate, and estate planning. Holds a Peer Distinguished rating from Martindale-Hubbell.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
25 Knight StreetPhiladelphia, MS 39350

FirmRidgeland, MS

Hancock Law Firm, PLLC

Since 2001 · Serves 6 counties

Ridgeland firm on South Pear Orchard Road serving Madison, Hinds, Rankin, and the surrounding central Mississippi counties. Drafts wills, revocable and irrevocable trusts, powers of attorney, and advance healthcare directives, and sets up bypass, charitable remainder, special needs, and life insurance trusts. Pamela L. Hancock has practiced for over 30 years.

PracticesEstate PlanningSpecial Needs PlanningProbate AdministrationWills Trusts

Office
855 S. Pear Orchard Road, Building 100Ridgeland, MS 39157

FirmCanton, MS

Montgomery McGraw, PLLC

Since 1970 · Serves 5 counties

Established Canton law firm serving central Mississippi since 1970. Helps clients create wills, trusts, and powers of attorney. Located in Canton, the county seat of Madison County. Also serves clients in Yazoo County, Holmes County, Leake County, and the greater Jackson metro area.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
151 W. Peace StreetCanton, MS 39046

FirmTupelo, MS

Lancaster Law Firm

Serves the whole state

Tupelo firm on North Green Street serving clients throughout Mississippi and Tennessee. Handles probate and estate administration, estate planning, elder law and Medicaid planning, asset protection, and charitable planning. Founder Cory R. Lancaster is a tax attorney, which shapes the practice toward estates with tax exposure or business interests to unwind.

PracticesEstate PlanningElder LawAsset ProtectionMedicaid Planningand 2 more

Office
363 N. Green StreetTupelo, MS 38804

FirmColumbus, MS

Mitchell, McNutt & Sams, P.A.

Since 1904 · Serves the whole state

Founded in 1904, one of Mississippi's largest firms, serving the Golden Triangle and north Mississippi from offices in Columbus, Tupelo, and Oxford. Ten attorneys carry the estate planning, probate, and elder law practice: wills and testamentary trusts, life insurance and special needs trusts, durable powers of attorney, guardianships, Medicaid planning, and estate tax returns.

PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 4 more

Office
215 North 5th StreetColumbus, MS 39701
See all 8 firms serving Leake County→

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.

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Legal Sources

Data sourced from Mississippi statutes and official state code. How we research.