Rule 6 - Chancery Clerks and Their Authority(a) Rule 81 Matters. Pursuant to Court Order and Rule 81(d)(5) of the Mississippi Rules of Civil Procedure, all Chancery Clerks in the Eleventh Chancery District are authorized to set Rule 81 actions or matters for original hearings and to continue the same for hearing on a later date. Court Administrators in the District are Deputy Chancery Clerks and, therefore, are authorized to set such matters pursuant to Rule 81(d)(5). All continuance orders must be signed on the original hearing date.(b) Acts of the Clerk Permitted Under Miss. Code Ann. § 9-5-141. (1) In Madison County, the Chancery Clerk is hereby authorized to perform those acts set forth in Miss. Code Ann. § 9-5-141, which include: (i) admitting wills to probate in common form, taking proof thereof, and granting letters testamentary; (ii) appointing executors/trixes and administrators/trixes with the will annexed and de bonis non of intestate estates, issuing letters of administration thereto; (iii) appointing guardians for minors and conservators for persons of unsound mind and issuing letters of guardianship or conservatorship thereto; (iv) determining and adjudicating issues involving the collection and preservation of assets of testate and intestate estates, guardianships, and conservatorships. (2) The powers specified herein above include the power to require that bond be posted in such amount as the Clerk may deem to be sufficient, unless in the case of testate estates, such requirement is waived in the testator's will. (3) Proceedings before the Clerk shall conform to the provisions of Miss. Code Ann. § 9-5-145, and, where applicable, to the Uniform Chancery Court Rules. (4) All such acts, judgments, orders, or decrees entered by the Clerk shall be presented to the Chancellor to whom the case is assigned at the conclusion of each monthly term of court, and, at that time, each such act, judgment, order, or decree shall be reviewed by - and either approved or disapproved by - the assigned Chancellor as set forth in Miss. Code Ann. § 9-5-147. All such acts, judgments, orders, or decrees are, therefore, subject to modification or rescission until finally approved. (5) Until further order of the Court, the acts authorized to be performed herein shall be performed only by the Clerk himself and not by one of his deputy clerks. (6) The Clerk may perform these acts at any time whether a Chancellor is present in the courthouse or not and regardless of case assignment. (7) Nothing herein shall prevent attorneys from presenting such matters to the assigned Chancellor directly, and it is preferred that attorneys do so when a Chancellor is available and present in the Courthouse. (8) The Clerk is at all times free to decline to perform such acts if, in his determination, the matter warrants consideration by the assigned Chancellor or he is otherwise uncomfortable hearing the matter. (9) The Clerk shall not hear such matters brought by self-represented litigants in light of Rule 6.01 of the Uniform Chancery Court Rules and he shall not hear such matters wherein one or more of the parties seeks to name him as a fiduciary. (10) In Leake County, the Chancery Clerk is authorized, pursuant to Miss. Code Ann. § 91-5-141, to sign an order admitting a will to probate if: (i) a Chancellor is not present in the courthouse. (ii) the original will is presented;(iii) the will specifically appoints the executor named in the petition;(iv) the will specifically waives bond in favor of the named executor; and(v) the Clerk is comfortable under the circumstances. (c) Rule 6(b) is not applicable in Holmes and Yazoo Counties.Adopted by order entered 2/18/2009 and approved by the Supreme Court by order entered 4/16/2009; Amended and approved by the Supreme Court by order entered 9/27/2012; Amended and approved by the Supreme Court by order entered 10/10/2019.