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Benton County, MS Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Benton County Chancery Court (Miss. Const. art. 6, § 159) |
| Probate filings go to | Benton County Chancery Clerk |
| Courthouse address | 190 Ripley Avenue, Ashland, MS 38603 |
| Mailing | Call the chancery clerk before mailing a filing. Benton County's county pages list the street address for the chancery clerk. |
| Phone | 662-224-6300 |
| Fax | No chancery clerk fax is posted by Benton County. |
| [email protected] is the general county contact email. | |
| Hours | Call before visiting. Benton County does not post chancery clerk hours or a filing cutoff on its county pages. |
| Website | https://www.bentoncountyms.gov/ |
| Filing fee | Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory opening estate floor is $140.00: $85.00 clerk fee, $10.00 Comprehensive Electronic Court Systems Fund assessment, $40.00 Judicial System Operation Fund assessment and $5.00 Civil Legal Assistance Fund assessment. Benton County's current total may be higher, so call the chancery clerk before filing. |
| Local forms | Benton County does not post a local probate packet on its county site. Use the statewide Chancery Clerk Cover Sheet and the petition prepared by the attorney for the fiduciary. |
| E-filing | Attorneys file later documents through MEC. A self-represented party may hold a read-only PAMEC account but may not file electronically, and every estate case begins with a paper filing at the chancery clerk's counter. See courts.ms.gov/mec. |
| Case search | MEC and PAMEC are the Mississippi court file access systems. Remote access requires a registered PAMEC account, and free viewing is available at the chancery clerk's office during business hours. See courts.ms.gov/mec. |
| Remote appearance | Ask the Benton County Chancery Clerk whether the chancellor will allow phone or video attendance for a particular setting. The district's annual term order is posted in the chancery clerk's office (Miss. Code Ann. § 9-5-3). |
| 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 handled outside court under Miss. Code Ann. § 91-7-322. |
Before you begin — know the assets and liabilities
Before you choose a Benton County estate settlement path, list the assets, debts, beneficiaries, titled property and accounts that may pass outside probate. The right path depends on whether there is an original will, whether Mississippi real property is involved and whether anyone needs letters testamentary or letters of administration.
Sunset can help you start that estate settlement work by searching across more than 2,300 financial institutions, organizing assets and debts, and preparing information for the Mississippi attorney who must handle a full estate under Uniform Chancery Court Rule 6.02.
Which court handles jurisdiction
Probate for Benton County is filed at the Benton County Courthouse in Ashland with the Benton County Chancery Clerk. Benton County sits in Mississippi's 18th Chancery Court District, which groups chancellors for assignment purposes; the estate case is filed at this county's courthouse, not in another county. Chancery court is held in each Mississippi county (Miss. Code Ann. § 9-5-3), and chancery court jurisdiction over matters testamentary and of administration comes from Miss. Const. art. 6, § 159.
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 in the will, the county where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, the venue ladder differs: fixed place of residence first, then land, then the county where the person died if there was no fixed place of residence and no land (Miss. Code Ann. § 91-7-63).
The jurisdiction process
- Gather the death certificate, the original will if one exists, asset information, debt information and Benton County property details. The original will is important because the clerk must keep original wills securely in the clerk's office unless the chancellor orders otherwise (UCCR 9.03).
- Choose the path. If the entire probate estate is $75,000 or less excluding liens and encumbrances, and 30 days have passed, a successor may present a small estate affidavit to the holder of personal property under Miss. Code Ann. § 91-7-322. If there is a will, Mississippi real property, all known debts are paid and the non-real, non-exempt probate estate is within the Miss. Code Ann. § 91-7-322 sum, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- For a full estate, retain a Mississippi attorney unless the fiduciary is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02 requires the fiduciary to retain an attorney for the full 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 (UCCR 6.15), and pleadings, accounts, inventories and reports filed by a fiduciary must be personally signed and sworn by the fiduciary (UCCR 6.14).
- File the opening papers on paper at the Benton County Chancery Clerk's counter at 190 Ripley Avenue in Ashland, with the Chancery Clerk Cover Sheet and the court cost deposit. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory opening estate floor is $140.00, made up of $85.00, $10.00, $40.00 and $5.00 components. Call the clerk for Benton County's current total before filing.
- The chancery court, or the chancery clerk in vacation, meaning between court terms, may admit a will to probate in common form and grant letters testamentary or letters of administration. The clerk's acts are subject to the court's approval and are not final until approved by the court (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147).
- Address bond if the court or clerk requires it. Mississippi law requires an executor's oath and a bond in a penalty equal to the full value of the estate, with sureties approved by the court or clerk (Miss. Code Ann. § 91-7-41).
- 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 the notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-145).
- Creditors probate and register claims with the clerk. Claims not registered within 90 days after the first publication are barred under Miss. Code Ann. § 91-7-151.
- Administer the estate by gathering assets, paying allowed debts and taxes, handling any required accounting, seeking distribution authority and obtaining a final decree and discharge when the chancellor approves closing the estate.
Forms and documents
Probate forms in Benton County
The Mississippi Judiciary provides a statewide Chancery Clerk Cover Sheet, and the Uniform Chancery Court Rules set content requirements for estate filings. Benton County does not post a local probate packet, local estate checklist or local small estate affidavit form on its county site.
For a full Benton County estate, the petition is prepared by the attorney required for the fiduciary under Uniform Chancery Court Rule 6.02. If the matter fits the $75,000 small estate affidavit, effective July 1, 2020, that affidavit is presented to the holder of personal property under Miss. Code Ann. § 91-7-322 rather than opened as a Benton County court case.
Local nuance
Benton County-specific considerations
Use 190 Ripley Avenue, Ashland, MS 38603 for the Benton County courthouse address when planning a probate visit. At the courthouse, direct estate filings to the Benton County Chancery Clerk.
The circuit clerk is a separate office. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court (Miss. Const. art. 6, § 159; Miss. Code Ann. §§ 91-7-1, 91-7-63).
Recent updates
| Change | What it means for Benton County |
|---|---|
| MEC completion | The Mississippi Judiciary announced statewide electronic filing completion on June 30, 2025, and all chancery courts have been on MEC since June 19, 2023. Attorneys use MEC, public read-only access runs through PAMEC, and the hub is courts.ms.gov/mec. |
| Small estate and muniment changes | The small estate affidavit amount is $75,000, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, and muniment of title was rewritten effective July 1, 2020, under Miss. Code Ann. § 91-5-35. |
| Uniform Chancery Court Rules | The Uniform Chancery Court Rules were revised and amended effective April 18, 2024, including the fiduciary attorney rule in UCCR 6.02. |
| Legal aid intake | North Mississippi Rural Legal Services and Mississippi Center for Legal Services use separate intake numbers as of January 1, 2026. Benton County is listed with North Mississippi Rural Legal Services, Oxford office, at 1-800-898-8731. The statewide directory is at mslegalservices.org, and Mississippi Center for Legal Services uses 1-800-519-2915 for its service area. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Benton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking the deed and account titles. If the home passes outside the estate and the remaining probate personal property is $75,000 or less, effective July 1, 2020, the spouse may be able to use the small estate affidavit under Miss. Code Ann. § 91-7-322. If a will devises Mississippi real property and all known debts are paid, counsel may consider muniment of title under Miss. Code Ann. § 91-5-35. | Sunset helps identify accounts, debts and title clues so the attorney can choose the right estate settlement path. |
| Out-of-state adult child w/ small estate | If 30 days have passed and the entire probate estate is $75,000 or less excluding liens and encumbrances, effective July 1, 2020, the child may present a small estate affidavit to the bank or other holder under Miss. Code Ann. § 91-7-322. If letters are needed, a Mississippi attorney is required for the fiduciary under UCCR 6.02. | Sunset organizes the asset list, flags accounts that may not need letters and helps connect the family with Mississippi counsel when a court case is needed. |
| Parent settling 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 all known debts are paid, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, the parent usually needs full administration in Benton County Chancery Court, with an attorney for the fiduciary under UCCR 6.02. The chancellor fixes fiduciary compensation and attorney fees, and fees may not be based on the value of real property (Miss. Const. art. 6, § 159; Miss. Code Ann. § 91-7-299; UCCR 6.12). | Sunset helps gather the financial picture, build the probate packet and find a vetted attorney for the sale-related estate settlement work. |
Self-help resources
| Resource | How it helps |
|---|---|
| Benton County Chancery Clerk | Call 662-224-6300 before visiting 190 Ripley Avenue in Ashland to confirm current hours, mailing instructions, the current filing total and whether a hearing can be handled without personal attendance. |
| North Mississippi Rural Legal Services, Oxford office | Benton County is listed with the Oxford office. Call 1-800-898-8731 to check eligibility. This is a legal aid resource listed through mslegalservices.org, but eligibility does not mean the organization will accept an estate matter. |
| mslegalservices.org | Use the statewide legal information site and its directory by service area to find civil legal aid contacts and public legal information. |
| Mississippi Judiciary chancery court page | Use the Judiciary's chancery court page for statewide chancery court information and the Chancery Clerk Cover Sheet. |
| Uniform Chancery Court Rules | Use the rules to see requirements that govern fiduciary filings, including the attorney rule in UCCR 6.02 and sworn filing requirements. |
| MEC and PAMEC | Use courts.ms.gov/mec for Mississippi Electronic Courts and Public Access to Mississippi Electronic Courts. Remote access requires a PAMEC account, and free viewing is available at the chancery clerk's office during business hours. |
| NMRLS Heirs' Property Program | For heirs' property questions in the North Mississippi Rural Legal Services area, call 1-800-898-8731 or use mslegalservices.org to check eligibility. Do not assume the program will take an estate administration. |
When to hire an attorney
How Sunset helps
Find the accounts and assets
Sunset searches across more than 2,300 financial institutions and helps organize accounts, insurance, debts and property information so the Benton County estate settlement starts with a clearer asset picture.
Generate the probate packet
Sunset turns the information you gather into an organized probate packet for the Mississippi attorney who prepares the petition, cover sheet and supporting documents for the Benton County Chancery Clerk.
Find a local probate attorney
Because UCCR 6.02 requires a fiduciary to retain an attorney for a full Mississippi estate, Sunset helps connect families with a vetted probate attorney who can file in Benton County Chancery Court (Miss. Const. art. 6, § 159).
Sunset is free for families
Sunset is free for families. The platform helps with estate settlement organization, asset discovery and attorney matching without adding another bill at the start of the process.
Frequently asked questions
Where do I file probate in Benton County, Mississippi?
File a Benton County estate case with the Benton County Chancery Clerk at the courthouse, 190 Ripley Avenue, Ashland, MS 38603. Mississippi places matters testamentary and of administration in chancery court (Miss. Const. art. 6, § 159), and venue for a will starts with the county where the testator had a fixed place of residence (Miss. Code Ann. § 91-7-1).
Does Benton County let me file an estate electronically?
Attorneys use MEC for electronic filing after the case is opened, but a self-represented party may not file electronically. Mississippi estate cases begin with a paper filing at the chancery clerk's counter, and PAMEC is read-only for public users. See courts.ms.gov/mec.
What is the Benton County probate filing fee?
Benton County does not post a local estate fee total on its county site. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory opening estate floor is $140.00, made up of $85.00, $10.00, $40.00 and $5.00 components. Call 662-224-6300 for the current amount before filing.
Does Benton County publish local probate forms?
Benton County does not post a local probate packet or local small estate affidavit form on its county site. Use the statewide Chancery Clerk Cover Sheet, and for a full estate, have the attorney required by UCCR 6.02 prepare the petition for the fiduciary.
Can I use a small estate affidavit in Benton County?
If 30 days have passed and the entire probate estate is $75,000 or less excluding liens and encumbrances, effective July 1, 2020, a successor may present the affidavit to the holder of personal property under Miss. Code Ann. § 91-7-322. The affidavit is not used to transfer real property.
How do I look up a Benton County estate case?
Use the MEC and PAMEC hub at courts.ms.gov/mec. Remote access requires a registered PAMEC account. Free viewing is available at the chancery clerk's office during business hours, with copy charges governed by Miss. Code Ann. § 25-7-9.
Can I attend a Benton County probate hearing by phone or video?
Ask the Benton County Chancery Clerk whether the chancellor will allow phone or video attendance in the specific case. Local scheduling is controlled by the chancellor and the district's term order, which is posted in the chancery clerk's office (Miss. Const. art. 6, § 159; Miss. Code Ann. § 9-5-3).
Do I have to travel to Ashland for a Benton County estate?
For a $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, the successor presents the affidavit to the holder of personal property, so a courthouse trip may not be part of that path. If letters testamentary or letters of administration are needed, the fiduciary must retain a Mississippi attorney under UCCR 6.02, and the opening papers are filed with the Benton County Chancery Clerk (Miss. Code Ann. §§ 9-5-141, 9-5-147).
Is an attorney required for probate in Benton County?
For a full estate, yes. Uniform Chancery Court Rule 6.02 requires the fiduciary to retain an attorney unless the fiduciary is licensed to practice law in Mississippi. The small estate affidavit under Miss. Code Ann. § 91-7-322 is different because it does not appoint a fiduciary or open a court case.
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.