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Amite County, MS Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Amite County Chancery Court, the court with Mississippi constitutional authority over matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Amite County Chancery Clerk, Courthouse Square, 243 West Main Street, Liberty, MS 39645. |
| Mailing address | P.O. Box 680, Liberty, MS 39645. |
| Phone | 601-657-8022. |
| Fax | 601-657-8288. |
| Hours | Call the chancery clerk before going. The county pages list contact information but do not state public counter hours, lunch closures, or filing cutoffs. |
| Filing fee | Amite County does not publish a local estate total on its county pages. Under the current text of Miss. Code Ann. § 25-7-9, effective until December 31, 2027, the statutory floor is $85.00 for opening an estate of deceased, plus $10.00, $40.00, and $5.00 in statutory assessments, for $140.00. County totals can be higher, so confirm the current amount with the chancery clerk. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary, including an executor or administrator, to retain an attorney unless the fiduciary is licensed to practice law in Mississippi. The $75,000 small estate affidavit, effective July 1, 2020, is governed by Miss. Code Ann. § 91-7-322 and needs no court filing and no attorney. |
| Local forms | The county pages do not publish an Amite County estate form packet, small estate affidavit form, or probate instruction sheet. Use the statewide Chancery Clerk Cover Sheet if the clerk requires it, and have the required petition prepared by the attorney for a full estate. |
| E-filing | Attorneys file through MEC. A self-represented party may have read-only PAMEC access but may not file electronically, and an estate starts with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec/mec.php. |
| Case search | MEC and PAMEC are the statewide systems. Remote access requires a PAMEC account and fees may apply; public viewing is free at the chancery clerk's office during regular business hours. See https://courts.ms.gov/mec/mec.php. |
| Remote appearance | Ask the chancery clerk how the assigned chancellor handles phone or video requests. Chancery court scheduling is tied to district practice and court terms (Miss. Const. art. 6, § 159). |
| Website | https://www.amitecounty.ms/chancery-clerk |
Before you begin — know the assets and liabilities
Before you file anything in Amite County, list the assets, debts, account holders, real estate, vehicle titles, and beneficiary designations. That first inventory determines whether the family can use the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, a muniment of title under Miss. Code Ann. § 91-5-35, or a full estate in the Amite County Chancery Court.
Sunset's estate settlement process starts with asset discovery across more than 2,300 institutions, so you can identify accounts before paying for a court filing or attorney review. That is especially useful in Amite County because the clerk can confirm local filing logistics, but the petition for a full estate must be prepared with counsel under UCCR 6.02.
Which court handles jurisdiction
Probate for Amite County is filed at the Amite County Courthouse in Liberty with the Amite County Chancery Clerk. The Amite County Chancery Court is the local court for matters testamentary and of administration (Miss. Const. art. 6, § 159), and Miss. Code Ann. § 9-5-3(1) provides that a chancery court is held in each county.
For a will, venue is the chancery court of the county where the testator had a fixed place of residence, and if there was no fixed place of residence and land is devised, the county where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, the ladder is different: fixed place of residence, then county where the intestate owned land, then county where the intestate died (Miss. Code Ann. § 91-7-63). Amite County is in Mississippi's 4th Chancery Court District with Franklin, Pike, and Walthall Counties, but the estate settlement for an Amite County matter is filed at this county's own courthouse. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court.
The jurisdiction process
- Gather the death certificate, the original will if there is one, asset information, debt information, and the names and addresses of heirs, devisees, and known creditors.
- Choose the right Mississippi route before filing. If the whole probate estate is $75,000 or less, excluding liens and encumbrances, and 30 days have passed, a successor may present the small estate affidavit to the bank, employer, transfer agent, or other holder under Miss. Code Ann. § 91-7-322, effective July 1, 2020. If the decedent left a will and Mississippi real property, all known debts are paid, and the non-real, non-exempt probate estate fits within the Miss. Code Ann. § 91-7-322 sum, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, plan for full administration.
- For a full estate, retain an attorney. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire term of the appointment.
- The attorney prepares the petition. A petition to probate a will must attach a copy of the will as an exhibit under UCCR 6.15, and pleadings, accounts, inventories, and reports filed by a fiduciary must be personally signed and sworn under UCCR 6.14.
- File on paper with the Amite County Chancery Clerk at Courthouse Square, 243 West Main Street, Liberty. Include the chancery clerk cover sheet if required, the court cost deposit under UCCR 9.01, and the filing fee deposit tied to Miss. Code Ann. § 25-7-9, whose current text effective until December 31, 2027 sets the statutory floor at $85.00 plus $10.00, $40.00, and $5.00. The original will stays with the clerk under UCCR 9.03.
- The chancery court, or the chancery clerk in vacation, meaning between terms of court, subject to court approval, may admit a will to probate in common form and grant letters testamentary or letters of administration under Miss. Code Ann. §§ 91-7-1, 91-7-63, and 9-5-141. The clerk's act is not final until approved by the court under Miss. Code Ann. § 9-5-147.
- Address oath and bond if the court or clerk requires them. Miss. Code Ann. § 91-7-41 states the executor's oath and requires a bond in an amount approved by the court or clerk.
- After appointment, the executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to known creditors, files the diligent-search affidavit, and then publishes notice to creditors for three consecutive weeks under Miss. Code Ann. § 91-7-145.
- Creditors probate and register claims with the Amite County Chancery Clerk. Claims not registered within 90 days after the first publication are barred under Miss. Code Ann. § 91-7-151.
- Administer the estate, pay allowed claims and taxes, account as required, distribute under the will or law, and seek the final decree and discharge from the chancery court.
Forms and documents
Probate forms in Amite County
Amite County does not publish a local estate form packet, local small estate affidavit form, or probate instruction sheet on its county pages. The county provides chancery clerk contact information, so call the clerk before filing to ask what cover sheet and copy set the office wants at the counter.
Mississippi uses a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, but there is not a statewide estate packet for families to complete on their own. For a full estate, the petition is drafted by the attorney that UCCR 6.02 requires the fiduciary to retain. The petition to probate a will must attach a copy of the will under UCCR 6.15, and fiduciary filings must be personally signed and sworn under UCCR 6.14.
Recent updates
| Change | What it means in Amite County |
|---|---|
| MEC statewide completion | Mississippi announced statewide electronic filing completion on June 30, 2025, and all chancery courts had been in MEC since June 19, 2023. Attorneys use MEC for later filings, but an estate still starts with paper at the chancery clerk's counter. See https://courts.ms.gov/mec/mec.php. |
| Small estate and muniment changes | The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, and the muniment of title procedure under Miss. Code Ann. § 91-5-35 are statewide routes that may avoid full administration when their requirements fit. |
| Legal aid intake numbers | As of January 1, 2026, Mississippi Center for Legal Services uses 1-800-519-2915 and North Mississippi Rural Legal Services uses 1-800-898-8731. For Amite County, the mapped provider is Mississippi Center for Legal Services, McComb office. Start with mslegalservices.org to check eligibility. |
| Uniform Chancery Court Rules update | The Uniform Chancery Court Rules were revised and amended effective April 18, 2024, including rules that govern fiduciary filings and the attorney requirement in UCCR 6.02. |
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming how title to the home is held. If the home passes outside the estate and the remaining probate personal property is $75,000 or less, excluding liens and encumbrances, the spouse may use the small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, with no court filing and no attorney. If a will devises Mississippi real property and all known debts are paid, counsel may use muniment of title under Miss. Code Ann. § 91-5-35. | Sunset identifies accounts, helps sort probate and non-probate assets, and prepares the estate settlement information an attorney needs if an Amite County filing is required. |
| Out-of-state adult child with a small estate | If 30 days have passed and the whole probate estate is $75,000 or less, excluding liens and encumbrances, the child may present the Miss. Code Ann. § 91-7-322 affidavit to the holder of the property instead of filing in Liberty. If letters are needed, the child must work with a Mississippi attorney under UCCR 6.02 and should ask the chancery clerk how the assigned chancellor handles phone or video requests (Miss. Const. art. 6, § 159). | Sunset helps find financial accounts, organize documents for the affidavit or attorney, and reduce unnecessary travel during estate settlement. |
| Parent settling a predeceased child's estate, home must be sold | The small estate affidavit under Miss. Code Ann. § 91-7-322 does not transfer the house. If there is a will and the requirements of Miss. Code Ann. § 91-5-35 are met, muniment of title may be available. Otherwise, a full Amite County administration is likely, with counsel required by UCCR 6.02. The chancellor fixes fiduciary compensation and attorney fees under Miss. Code Ann. § 91-7-299, and UCCR 6.12(B) says those fees may not be based on the value of real property. | Sunset builds the asset list, gathers title and account clues, generates an attorney-ready packet, and connects the family with a local probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Amite County Chancery Clerk | Filing counter for Amite County estate matters in the chancery court (Miss. Const. art. 6, § 159). Call for current hours, filing deposit, cover sheet practice, and local scheduling questions. | 601-657-8022, fax 601-657-8288, https://www.amitecounty.ms/chancery-clerk |
| Mississippi Center for Legal Services, McComb office | Legal aid screening for eligible low-income residents in Amite County. Estate administration may not be a covered matter, so ask about eligibility and available referrals. Use mslegalservices.org for the directory. | 1-800-519-2915, https://www.mslegalservices.org/find-legal-help/directory/area |
| Mississippi Judiciary Chancery Court page | Statewide chancery court information, including the Chancery Clerk Cover Sheet link and chancery court district information. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules for fiduciary filings, accountings, original wills, and the attorney requirement in UCCR 6.02. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Attorneys use MEC for e-filing after the case is opened on paper. Public remote access uses PAMEC, and free viewing is available at the chancery clerk's office during regular business hours. | https://courts.ms.gov/mec/mec.php |
When to hire an attorney
For a full Amite County estate, Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or firm of attorneys for the entire term of the appointment, and the chancellor fixes the attorney's fee. The practical exception for many families is not a court exception: the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, is presented to the holder of personal property and needs no court filing and no attorney. If paying counsel is difficult, start with Mississippi Center for Legal Services at 1-800-519-2915 and mslegalservices.org to check eligibility. Sunset connects you to a vetted local probate attorney, which in Mississippi is the step the rules require for a full estate.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank, brokerage, retirement, insurance, and other accounts before you decide whether Amite County estate settlement needs a court filing.
Generate the probate packet. Sunset organizes the family information, asset list, debt details, and document checklist an attorney needs to prepare an Amite County petition or to confirm that a non-court route fits.
Find a local probate attorney. Mississippi requires a fiduciary in a full estate to retain counsel under UCCR 6.02, so Sunset can connect the family with a vetted attorney familiar with chancery court estate work.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying a platform fee, including asset discovery, document organization, and attorney matching.
Frequently asked questions
Where do I file probate in Amite County?
File a full estate at the Amite County Chancery Clerk's office at Courthouse Square, 243 West Main Street, Liberty, MS 39645. The case is in the Amite County Chancery Court, which handles matters testamentary and of administration under Miss. Const. art. 6, § 159.
What is the Amite County mailing address for estate filings?
Use Amite County Chancery Clerk, P.O. Box 680, Liberty, MS 39645. Call 601-657-8022 before mailing an original will, filing deposit, or proposed order so the clerk can confirm the current paper filing practice.
Can I e-file an Amite County estate?
Attorneys file through MEC, and a self-represented party may have read-only PAMEC access but may not file electronically. Mississippi estate cases start with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec/mec.php.
How do I look up an Amite County estate case?
Use the MEC and PAMEC hub at https://courts.ms.gov/mec/mec.php for remote access information. Remote PAMEC access requires an account and fees may apply. Public viewing is free at the Amite County Chancery Clerk's office during regular business hours.
Does Amite County publish local probate forms?
The county pages do not publish an Amite County estate form packet, local small estate affidavit form, or probate instruction sheet. For a full estate, the attorney required by UCCR 6.02 prepares the petition, and the filing may also need the statewide Chancery Clerk Cover Sheet.
What is the filing fee for probate in Amite County?
Amite County does not publish a local estate total on its county pages. Under the current text of Miss. Code Ann. § 25-7-9, effective until December 31, 2027, the statutory floor is $85.00 for the estate filing, plus $10.00, $40.00, and $5.00 in statutory assessments, for $140.00. Confirm the current amount with the chancery clerk before filing.
Do I need an attorney for probate in Amite County?
For a full estate, yes unless the fiduciary is licensed to practice law in Mississippi. UCCR 6.02 requires a fiduciary, including an executor or administrator, to retain an attorney for the entire term of the appointment. The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, is different because it is not a court filing and needs no attorney.
Can I handle an Amite County small estate without going to Liberty?
If the requirements of Miss. Code Ann. § 91-7-322 are met, including 30 days after death and a whole probate estate of $75,000 or less excluding liens and encumbrances, the successor presents the affidavit to the holder of the personal property rather than filing it at the courthouse. If letters are needed, a Mississippi attorney must handle the full estate under UCCR 6.02.
Who decides whether an Amite County hearing can be by phone or video?
Ask the Amite County Chancery Clerk how the assigned chancellor handles phone or video requests. Mississippi has chancery court terms and district practices, and the Amite County case remains in the chancery court (Miss. Const. art. 6, § 159).
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.