Detailed Answer: Documents Needed to Apply for Probate Appointment and to Take the Oath in Mississippi

This FAQ explains, in plain language, the documents you normally must file or bring when you seek appointment as a personal representative (executor or administrator) and take the oath in a Mississippi chancery court. This is a general guide only and not legal advice.

Who handles probate in Mississippi?

Chancery courts in the county where the decedent lived handle probate and administration of estates in Mississippi. Contact the local chancery clerk for county-specific forms, fees, and procedures. See the Mississippi Judiciary site for court information: https://courts.ms.gov/.

Core documents you will usually need

Most Mississippi chancery clerks require the following documents to begin a probate appointment and to allow the appointed person to take the required oath. Always confirm the exact list with the local chancery clerk because local requirements and form names vary.

• Original will (if one exists): File the original signed last will and testament with your petition to probate. If the original cannot be located, the court needs an explanation and proof of diligent search.
• Certified death certificate: A certified copy of the decedent’s death certificate is normally required to open the estate. Obtain certified copies from the Mississippi State Department of Health or the local registrar.
• Petition or application for probate / appointment: The formal pleading filed with the court asking for probate of the will and for appointment of a personal representative. The petition identifies the decedent, the petitioner, heirs and beneficiaries, and requests issuance of letters (letters testamentary or letters of administration).
• Oath or affidavit of executor/administrator: The personal representative must take an oath promising to faithfully perform duties. Many counties use a specific form (often called the oath, acceptance, or qualification form) to be signed before the clerk or a notary and filed with the court.
• Acceptance of appointment: Some courts require a signed acceptance form (sometimes combined with the oath) from the person appointed.
• Inventory and/or listing of assets: You may be required to file an initial inventory or list of known assets. Local rules set the timing and form for inventories and appraisements.
• Bonds and surety documents (if required): The court may require the personal representative to post a bond (a type of insurance protecting estate creditors and beneficiaries). A will sometimes waives bond for a named executor. If the will waives bond, you must file the will provision that waives bond. If a bond is required, the court will need the bond form and the surety company’s paperwork.
• Names and addresses of heirs and beneficiaries: Provide the court with a list of persons entitled to notice — heirs at law and will beneficiaries — and their contact information so the clerk can issue required notices.
• Venue and jurisdiction information: Proof that the decedent lived in the county where you are filing (for example, a driver’s license or affidavit of residency) may be requested.
• Filing fee payment: Probate filing fees vary by county. The chancery clerk can confirm the current amount and acceptable payment methods.

Typical step-by-step process (what you’ll file and when)

1. Locate original will (if any) and obtain certified death certificate.
2. Prepare and file the petition to open probate and request appointment of a personal representative with the chancery clerk of the decedent’s county.
3. Provide the clerk with the original will, death certificate, list of heirs/beneficiaries, and pay the filing fee.
4. If the will waives bond, file the will provision or waiver language. If bond is required, secure a bond and file bond paperwork.
5. Appear before the court or clerk to sign the oath/acceptance form (some counties allow the oath to be signed for filing by a notary or the clerk).
6. After the court admits the will and approves the appointment, the clerk issues Letters Testamentary or Letters of Administration, which allow the personal representative to act on behalf of the estate.
7. Complete required follow-up filings: inventories, periodic accountings, creditor notices, and final accounting as required by chancery rules and the court order.

Special situations and extra documents

• No will (intestate): File a petition for appointment as administrator. The court will require an affidavit or proof of heirs and may require bond.
• Small estate or summary procedure: Mississippi may allow simplified procedures for small estates or for transfer of certain assets (e.g., motor vehicle, small bank accounts) without full probate. The chancery clerk or court rules will identify the threshold and forms.
• Missing original will: If the original will cannot be produced, you must file an affidavit about the search and may need testimony or other proof for the court to admit a copy.
• Out-of-state assets: You may need ancillary probate in other states for assets located outside Mississippi.

Where to find Mississippi forms and more information

Because forms and requirements differ by county, start with the local chancery clerk’s office. General resources:

• Mississippi Judiciary (court information): https://courts.ms.gov/
• Mississippi State Department of Health — Vital Records (death certificates): https://msdh.ms.gov/
• Mississippi Legislature (statutes and codes): https://www.legislature.ms.gov/

These sites provide contacts, forms, and instructions. If you plan to cite a specific Mississippi statute or local rule, use the legislature and chancery-court resources above to find the exact code section or rule.

Practical checklist (print and bring to the chancery clerk)

• Certified copy of the death certificate (multiple copies if you will need to present to banks and agencies).
• Original will and any codicils (if applicable).
• Photo ID for the petitioner and proposed personal representative.
• Prepared petition to probate (local form if available).
• Oath/acceptance form (if the county provides it in advance).
• List of heirs and beneficiaries with addresses and relationships.
• Documentation of known estate assets (bank statements, deeds, vehicle titles).
• Bond paperwork or language from the will waiving bond (if applicable).
• Payment for filing fee.

Helpful Hints

• Contact the chancery clerk before you go. Clerk offices often provide checklists and local forms that speed the process.
• Get several certified death certificates up front. Banks and other institutions commonly require certified copies; waiting to order them can delay administration.
• Search thoroughly for the original will: check safe deposit boxes, attorney files, and home safes. Filing a copy instead of the original can complicate and prolong probate.
• Check the will for a bond waiver. A will sometimes waives the requirement for a bond, which saves time and cost.
• Ask whether your county accepts electronic filing or has mandatory forms. Some chancery courts use standardized local forms you can download.
• If the estate looks complicated (disputed heirs, significant creditor claims, real estate disputes, tax issues), consult a probate attorney early.
• For very small or straightforward estates, ask the clerk about simplified transfer procedures that may avoid formal probate.

Disclaimer: This information is educational only and not legal advice. Laws and local rules change. For advice about a specific estate or to confirm the exact documents and deadlines for the chancery court in your county, consult a licensed Mississippi attorney or contact the local chancery clerk.