Probate in Marshall 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 Marshall 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
Marshall County
Address
Phone
Fax
Hours
Chancery Clerk: Nicole M. Phelps (nphelps@marshallcoms.org).
Verified July 5, 2026 · Source
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 Marshall County, probate runs through the Chancery Court at 128 East Van Dorn Ave, Holly Springs.
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 Marshall 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 128 East Van Dorn Ave, Holly Springs.
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.
If you're handling probate yourself in Marshall 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
You can file your probate documents in person or by mail. While attorneys are required to e-file in Marshall County, families handling probate themselves are exempt and can file on paper.
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 InformationNot 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 Marshall County Self-Filing Assessment.
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.
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 Marshall County are recorded with the Chancery Clerk, led by Chancery Clerk Nicole M. Phelps, at 128 East Van Dorn Ave, Holly Springs, MS 38635. Phone: 662-252-4431. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
Documents submitted by mail go to P.O. Box 219, Holly Springs, MS 38635.
The Chancery Clerk charges $25 for the first 5 pages plus $1 for each page beyond 5.
Recording Office Record
Marshall County · Chancery Clerk · Nicole M. Phelps
Address
Phone
Fax
Hours
Recording fees
| Base fee (first 5 pages) | $25 |
| Each page beyond 5 | $1 |
| Transfer tax on a TOD deed | Exempt |
Miss. Code Ann. 25-7-9(1)(b)
Verified September 7, 2026 · Source
Mississippi allows informal probate, so many families settle straightforward estates in Marshall 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 Marshall 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.
FirmAshland, MS
North Mississippi firm serving Benton, Marshall, Tippah, and Union counties from Ashland, with a branch office in Oxford. Estates and trusts and probate litigation sit alongside the criminal defense, personal injury, and family law work the firm has been known for since 1939. Free and confidential initial consultation.
PracticesEstate PlanningProbate Administration
FirmHolly Springs, MS
Holly Springs firm serving Marshall and Benton counties, and reaching Oxford and north Mississippi, since 1975. Handles wills and estate planning and helps families settle a loved one's estate, alongside personal injury, family law, real estate, debt collection, and Social Security disability work. Free consultations.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmOxford, MS
Multi-office Mississippi law firm tracing its origins to 1946; the Oxford office opened in 1995 and serves clients across north Mississippi. Wills and estate planning practice covers will drafting, estate administration, healthcare directives, powers of attorney, charitable giving, and will contests, alongside the firm's broader civil litigation work.
PracticesEstate PlanningTrust AdministrationGuardianshipProbate AdministrationWills Trusts
FirmOxford, MS
Oxford general-practice firm covering wills, living wills, powers of attorney, healthcare directives, trusts, and probate. The firm also handles family law, criminal defense, personal injury, real property, and small business matters across north Mississippi.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmSouthaven, MS
Handles probate and estate planning matters, offering assistance with wills, estates, and probate. Represents clients in all facets of the probate process. Also handles real estate transactions, commercial and residential closings, title insurance, and foreclosures. Serves multiple counties in Mississippi and Tennessee including DeSoto, Marshall, and Tunica. Operates on an appointment-only basis.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmTupelo, MS
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
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.
Data sourced from Mississippi statutes and official state code. How we research.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Step-by-step tools for families in Marshall County, Mississippi.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
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