Submitting an Original Will to Mississippi Probate Court When You Live Out of State

Short answer: Contact the probate clerk in the county where the decedent lived or died, follow that court’s filing rules for probating a will, and use secure, trackable delivery to send the original will and required supporting documents. Expect to file a petition for probate (or appoint a local agent if required), provide a certified death certificate, and attend or arrange for required hearings or affidavits.

Detailed Answer

This section explains the typical steps to submit an original will to a Mississippi probate court when you live outside Mississippi. Procedures vary by county, so treat these as a general, practical roadmap rather than definitive county-level instructions.

1. Identify the proper probate court

In Mississippi, wills are probated in the county where the decedent was domiciled (lived) at death or, in some cases, where the property is located. Start by calling or visiting the probate clerk’s office in that county. You can find county court contacts on the Mississippi judiciary website: https://courts.ms.gov/.

2. Call or email the probate clerk before mailing anything

Every probate office has local filing rules, required forms, fees, and scheduling procedures. Tell the clerk you have the original will and live out of state. Ask these specific questions:

• Which forms do you require to begin probate (petition to probate will, appointment forms, etc.)?
• Do you accept filings and original wills by mail, or must someone appear in person?
• What supporting documents are required (original will, certified death certificate, witness affidavits, filing fee)?
• Is a bond required for the named executor, and can the will waive the bond?
• Do you have a local requirement for non-resident executors (for example, appointment of a resident agent)?

3. Prepare required documents

Typical items the court will want:

• The original will (do not sign, initial, or otherwise alter it).
• A certified copy of the death certificate.
• A completed petition to probate the will or petition for probate and appointment of executor (forms differ by county).
• Affidavits of attesting witnesses if available, especially if witnesses live out of state or cannot testify in person. If witnesses are deceased or unavailable, the court will advise how to proceed.
• Filing fee or instructions for payment.

Mississippi statutes govern probate procedure and the duties of county courts. For general statutory resources about Mississippi law and probate, see the Mississippi Legislature site: https://www.legislature.ms.gov/ and the Mississippi Judiciary site: https://courts.ms.gov/.

4. Mail the original will securely

If the clerk confirms the court accepts mailed originals, use a secure, trackable method (overnight courier or certified mail with return receipt). Inside the package include:

• A cover letter explaining who you are, your relationship to the decedent, and the documents included.
• The original will (do not staple or otherwise attach other documents to it).
• Copies of additional documents (death certificate, identification, and the completed petition) as requested by the court.

Keep copies of everything and retain the tracking and delivery receipt. Do not discard the original until the court confirms receipt and filing.

5. Who should file: named executor or another interested party?

Usually the person named as executor in the will files the petition to probate. If you are the named executor and you live out of state, you can typically still file. Some courts may require appointment of a resident agent or local attorney if you are not available for in-person matters. If a named executor does not act, an interested heir or creditor can petition to probate the will or for appointment.

6. Hearings, witnesses, and remote participation

Mississippi courts may schedule a probate hearing. If witnesses live out of state, many counties accept sworn affidavits from attesting witnesses in lieu of in-person testimony (ask the clerk). Some courts allow remote testimony or remote appearances—confirm availability and required technical arrangements beforehand.

7. If the will cannot be located or the original is missing

If the original was lost, destroyed, or otherwise unavailable, Mississippi law allows proof of a will by secondary evidence, but the requirements are stricter and may require testimony from witnesses or other proof of authenticity. The probate clerk or an attorney can explain the county’s approach.

8. Consider hiring local counsel or a local representative

If you cannot appear, a local Mississippi attorney can file the petition, appear at hearings, and handle bonds and letters of administration or testamentary. Alternatively, some counties allow a non-resident executor to appoint a local agent or request that the clerk accept filings via a designated local representative.

9. Timeline and fees

Timelines vary by county and by case complexity. Simple admitted wills can move through probate in a matter of weeks to months. Expect local filing fees and potential bond costs. Ask the clerk for an estimate of typical processing time in that county.

Helpful Hints

• Call the county probate clerk first. Local rules vary and the clerk can give exact form names and fee amounts.
• Never mail other important originals together with the will—keep a copy of everything and send copies unless the court requests originals.
• Use insured, trackable shipping (FedEx/UPS/USPS Certified) and keep delivery records.
• Include a pre-paid envelope if you expect the court to return the original or issue certified letters.
• If witnesses live out of state, obtain sworn witness affidavits notarized where they reside and include them with your filing if the clerk recommends it.
• Ask whether the court requires a bond for the executor and whether the will expressly waives bond; a waiver in the will can simplify matters.
• If the named executor cannot serve, the court will consider other qualified persons. Ask the clerk about succession rules and priority for appointment.
• Consider retaining a Mississippi probate attorney if the estate is complex, contested, or if you need someone to appear in person on short notice.
• Keep careful records of all communications with the probate court, including names, dates, and phone numbers.

Key resources: Mississippi Judiciary (county contacts and forms) — https://courts.ms.gov/. For the state’s legislative materials and statutes, see the Mississippi Legislature site — https://www.legislature.ms.gov/.

Disclaimer: This article explains general procedures under Mississippi law and is for educational purposes only. It is not legal advice. For help specific to your situation, contact the probate clerk in the relevant Mississippi county or consult a licensed Mississippi probate attorney.