Jurisdiction and Venue

Like many other states, Mississippi does not have a distinct probate court with jurisdiction over issues related to probate laws. Instead, probate matters are handled in the Chancery Court. Mississippi Chancery Courts have jurisdiction over probate issues that relate to estate, mental health issues, divorces, child support and child custody and paternity matters.

In Mississippi, the Chancery Court is a court of equity. The sitting judge, called the chancellor, hears most cases without a jury (juries are typically permitted only in paternity cases and will contests). Although an advisory jury is permitted in any case, the jury’s decision is not binding upon the chancellor. Although litigants have the right to request an advisory jury, because its decisions are not binding on the chancellor advisory juries are not used often.

The Chancery Court also handles other matters, such as issues concerning title to land, contracts, injunctive matters, and commitments of persons impaired through mental disability and/or chemical-substance-alcohol abuse. In the 63 counties having no Family or County Court, the Chancery Court either hears all youth court proceedings or appoints a Youth Court Referee (Judge) to do so. The Chancery Court is a court of record and its appeals are to the Mississippi Supreme Court.

Mississippi probate and estate matters are within the jurisdiction of Mississippi chancery courts by virtue of the Mississippi Constitution, which gives Chancery Courts full jurisdiction in “[m]atters of testamentary and of administration.” Section 91-7-1 of the Mississippi Code sets forth a tiered system for determining where in Mississippi the will should be admitted to probate:

• The will should be probated in the chancery court in the county where the decedent had a fixed residence.
• If the decedent had no fixed place of residence in Mississippi but owned land in Mississippi, the will should be probated in the county where all or a portion of the land owned by the decedent is located.
• If did not have a fixed place of residence in Mississippi and did not own land in Mississippi, the will should be probated in the county where the decedent died or in the county where some part of the decedent’s property is located.

In the last circumstance – where the decedent did not own land or have a fixed place of residence in Mississippi – a qualified Mississippi probate attorney should be consulted to determine whether the will should be admitted to probate in Mississippi at all. Because Mississippi probate will only operate to control property located within Mississippi, all of the decedent’s assets should be reviewed by the probate attorney to determine whether probate is necessary and, if so, where the will should be admitted to probate.

Persons Who May Initiate Mississippi Probate Proceeding

Section 91-7-3 of the Mississippi Code allows “anyone interested in a will” to probate the will. Examples of interested persons include the decedent’s heirs and the executor named in the will.