Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Mississippi, probate estate files are generally public records under the Mississippi Public Records Act (Miss. Code Ann. ):
§ 25-61-5, and probate procedures under Miss. Code Ann. Title 91, Chapter 7
§§ 91-7-1 et seq.. Each county chancery clerk or probate clerk typically maintains estate files. You may request files in person, by mail or, in some counties, online.
When you submit a request, county probate staff will ask for specific details to locate the correct estate file. Providing complete and accurate information speeds up your request and reduces fees.
- Decedent ”>Full Name of the Decedent
Provide the decedent ”>Miss. Code Ann. § 91-7-7
Case files open to public inspection except sensitive records. - Date of Death
Exact date or approximate month and year helps narrow the search. - County of Probate Filing
Name of the county where the estate was probated. - Estate or Docket Number
If known, include the case or docket number assigned by the court. - Petitioner or Personal Representative Name(s)
Name of the executor, administrator or petitioner listed in the file. - Type of Copy Requested
Specify uncertified photocopies, certified copies or digital copies. - Contact Information
Provide your name, mailing address, phone number and email. - Payment of Fees
Check the county fee schedule ahead of time. Enclose payment or provide billing instructions.
Helpful Hints
- Call the county chancery or probate clerk before sending your request to confirm procedure and fees.
- Search online probate case indexes (where available) to find docket numbers in advance.
- Include a self-addressed stamped envelope if requesting paper copies by mail.
- If you need certified copies for legal purposes, request them explicitly ”>Certified copies carry the court seal for official use.
- Keep copies of your written request and payment receipt for your records.
- If you run into delays, ask the clerk for an estimated completion date.