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Clay County, MS Probate Information
Quick facts
| Topic | Clay County details |
|---|---|
| Court | Clay County Chancery Court, West Point, Mississippi (Miss. Const. art. 6, § 159) |
| Probate filings go to | Clay County Chancery Clerk, 365 Court Street, West Point, MS 39773 |
| Mailing address | P.O. Box 815, West Point, MS 39773 |
| Phone | 662-494-3124 |
| Fax | 662-492-4059 |
| [email protected] | |
| Hours | Call the chancery clerk before visiting. Clay County does not list public counter hours on its chancery clerk contact page. |
| Filing fee | Clay County's schedule, effective February 2023, lists $158.00 for an estate, testate or intestate, and $148.00 for muniment of title. Miss. Code Ann. § 25-7-9, under the current text effective until December 31, 2027, sets a $140.00 statutory floor made up of $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 statutory assessments. Confirm the current total with the chancery clerk. |
| Local forms | Clay County does not post a local estate form packet or local small estate affidavit form on its county forms page. Use the statewide Chancery Clerk Cover Sheet and the petition prepared for the estate. |
| E-filing | Attorneys file through Mississippi Electronic Courts, MEC, after the case is opened. A person without counsel may have read-only PAMEC access but may not file electronically. Every estate case is opened with a paper filing at the chancery clerk's counter. Start at https://courts.ms.gov/mec. |
| Case search | MEC and PAMEC are available through https://courts.ms.gov/mec. Remote access requires a registered PAMEC account, and free viewing of filed civil documents is available at the chancery clerk's office during regular business hours, with copy charges for copies. |
| Remote appearance | Ask the Clay County Chancery Clerk how the chancellor handles phone or video requests and where the 14th Chancery Court District term order is posted. |
| 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 that fiduciary is licensed to practice law in Mississippi. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, needs no court filing and no attorney. |
| Website | https://www.claycountyms.com/chancery-clerk/ and https://www.claycountyms.com/courts/chancery-court/ |
Before you begin — know the assets and liabilities
Before you file anything in Clay County, make a list of the person's accounts, vehicles, real estate, debts, tax issues and any beneficiary designations. The right estate settlement path depends on what actually passes through probate, not just the size of the family or whether there is a will.
Sunset's asset discovery searches more than 2,300 financial institutions so families can find accounts before paying court costs or asking an attorney to prepare a petition. In Mississippi, that preparation matters because a full estate requires an attorney under Uniform Chancery Court Rule 6.02, while a qualifying $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 is handled outside court.
Which court handles jurisdiction
Clay County probate filings are handled at the Clay County Courthouse in West Point by the Clay County Chancery Clerk. Clay County has one chancery filing counter, and it is not one of the Mississippi counties with two courthouse districts.
For a will, Mississippi venue is the chancery court of the county where the testator had a fixed place of residence, or, if there was no fixed place of residence and land is devised, where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration follow a different ladder: fixed place of residence, then land ownership, then the county where the person died if there was no fixed place of residence and no land (Miss. Code Ann. § 91-7-63).
Clay County sits in Mississippi's 14th Chancery Court District with Chickasaw, Lowndes, Noxubee, Oktibbeha and Webster counties. That district assignment is how chancellors are assigned. It does not send a Clay County filing to Columbus, Starkville or another county. A chancery court is held in each county (Miss. Code Ann. § 9-5-3(1); Miss. Const. art. 6, § 159).
The jurisdiction process
- Gather the death certificate, the original will if one exists, account statements, deeds, vehicle titles, debts and tax information. Keep the original will ready for the Clay County Chancery Clerk because original wills remain in the clerk's custody unless the chancellor orders otherwise (UCCR 9.03; Miss. Const. art. 6, § 159).
- Choose the path. If at least 30 days have passed and the entire probate estate, wherever located and excluding liens and encumbrances, is $75,000 or less in personal property, effective July 1, 2020, a successor may use the small estate affidavit by presenting it to the bank, employer or other holder, without a Clay County court filing (Miss. Code Ann. § 91-7-322). If the decedent left a will that devises 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, the attorney may use muniment of title (Miss. Code Ann. § 91-5-35). Otherwise, use a 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 during the entire term of the fiduciary appointment.
- The attorney prepares the petition. A petition to probate a will must attach a copy of the will as an exhibit, and pleadings, accounts, inventories and reports filed by a fiduciary must be personally signed and sworn by the fiduciary (UCCR 6.15; UCCR 6.14; UCCR 6.02).
- File the paper petition at the Clay County Chancery Clerk's counter at 365 Court Street in West Point with the Chancery Clerk Cover Sheet and the court cost deposit. Clay County's schedule, effective February 2023, lists $158.00 for an estate and $148.00 for muniment of title, while Miss. Code Ann. § 25-7-9, under the current text effective until December 31, 2027, sets a $140.00 statutory floor made up of $85.00, $10.00, $40.00 and $5.00. UCCR 9.01 requires the cost deposit when the petition is filed.
- The chancery court, or the chancery clerk in vacation, meaning between court terms, may take proof of the will in common form and grant letters testamentary or letters of administration, subject to the court's approval. The clerk's act is not final until approved by the court (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147; Miss. Const. art. 6, § 159).
- Give bond if the court or clerk requires it. Mississippi law provides for an executor's oath and a bond approved by the court or clerk, but the amount and any waiver question should be handled by the attorney in the Clay County filing (Miss. Code Ann. § 91-7-41).
- After letters are granted, identify creditors, mail notice to known creditors, file the diligent-search affidavit, and then publish the notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-145).
- Creditors probate and register claims with the Clay County Chancery Clerk. Claims not registered within 90 days after the first publication are barred (Miss. Code Ann. § 91-7-151).
- Administer and close the estate. The personal representative gathers assets, pays allowed debts and taxes, accounts as required, requests approval of any compensation or attorney fee, distributes property under the will or Mississippi law, and seeks a final decree and discharge from the chancery court.
Forms and documents
Probate forms in Clay County
Clay County does not post a local estate form packet, small estate affidavit form or probate instruction sheet on its county forms page. The county forms page lists other county forms, but not Clay County estate forms.
For a Clay County full estate, the petition is prepared by the attorney required under Uniform Chancery Court Rule 6.02. The Mississippi Judiciary links a statewide Chancery Clerk Cover Sheet, and the Uniform Chancery Court Rules set content requirements, including a copy of the will attached to a will petition and sworn signatures for fiduciary filings (UCCR 6.15; UCCR 6.14; UCCR 6.02).
The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is presented to the bank, employer or other holder of personal property. It is not a Clay County court filing. For real property passing under a will, ask the attorney whether muniment of title under Miss. Code Ann. § 91-5-35 fits.
Fees
Clay County publishes a chancery fee schedule headed "Filing Fees for Clay County Chancery Court, Effective as of February 2023." The schedule lists $158.00 for an estate, testate or intestate, and $148.00 for estate muniment of title. It also lists $148.00 for a separate muniment of title line.
| Fee item | Clay County amount | How to read it |
|---|---|---|
| Estate, testate or intestate | $158.00, effective February 2023 | Clay County shows $85.00 base and $73.00 in assessments. Miss. Code Ann. § 25-7-9, under the current text effective until December 31, 2027, accounts for a $140.00 statutory floor made up of $85.00, $10.00, $40.00 and $5.00, so Clay County's total is $18.00 above that floor. |
| Muniment of title | $148.00, effective February 2023 | Clay County shows $85.00 base and $63.00 in assessments. Muniment of title is the Mississippi will and real-property route under Miss. Code Ann. § 91-5-35. |
Ask the Clay County Chancery Clerk to confirm the current amount before filing. Publication and service costs are separate from the clerk's filing total. Miss. Code Ann. § 25-7-9(4), under the current text effective until December 31, 2027, allows the clerk to demand the actual publication and service charges at filing when the filing party wants the clerk to pay them.
Local nuance
Clay County-specific considerations
| Local point | What it means in Clay County |
|---|---|
| Courthouse address | Use 365 Court Street, West Point, MS 39773 for the Clay County Chancery Clerk, with mail to P.O. Box 815, West Point, MS 39773. |
| Single filing counter | Clay County has one courthouse filing counter for chancery matters. Its place in the 14th Chancery Court District does not move a Clay County filing to Lowndes, Oktibbeha or another county (Miss. Code Ann. § 9-5-3(1); Miss. Const. art. 6, § 159). |
| County fee schedule | Clay County's February 2023 chancery fee schedule lists $158.00 for an estate and $148.00 for muniment of title, while Miss. Code Ann. § 25-7-9, under the current text effective until December 31, 2027, sets the $140.00 statutory floor. |
| Hours | Clay County's public chancery clerk contact page does not list counter hours. Call 662-494-3124 before going to the courthouse. |
Recent updates
| Date | Change |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including the Clay County Chancery Court, were implemented in Mississippi Electronic Courts. The statewide rollout across all Mississippi trial courts finished June 30, 2025. MEC and PAMEC information is at https://courts.ms.gov/mec. |
| July 1, 2020 | The small estate affidavit amount became $75,000 under Miss. Code Ann. § 91-7-322, and the muniment of title procedure was rewritten under Miss. Code Ann. § 91-5-35. |
| February 2023 | Clay County's chancery fee schedule lists $158.00 for an estate and $148.00 for muniment of title. Miss. Code Ann. § 25-7-9, under the current text effective until December 31, 2027, sets the $140.00 statutory floor made up of $85.00, $10.00, $40.00 and $5.00. |
| January 1, 2026 | North Mississippi Rural Legal Services and Mississippi Center for Legal Services began using separate intake numbers. Clay County is served by North Mississippi Rural Legal Services at 1-800-898-8731; Mississippi Center for Legal Services uses 1-800-519-2915. The legal aid directory is at mslegalservices.org. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended. Rule 6.02 requires a fiduciary in a full estate to retain an attorney unless the fiduciary is licensed to practice law in Mississippi. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Clay County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed. If the home passes outside the estate and the remaining probate personal property is $75,000 or less, effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 may settle the personal property without a court filing. If there is a will devising the home and all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be filed with the Clay County Chancery Clerk; Clay County lists $148.00 for that filing, effective February 2023, while Miss. Code Ann. § 25-7-9 sets the fee floor. | Sunset helps identify accounts, debts and beneficiary assets so the spouse and attorney can decide whether estate settlement needs a Clay County filing. |
| Out-of-state adult child with a small estate | If 30 days have passed and the entire probate estate, excluding liens and encumbrances, is $75,000 or less in personal property, effective July 1, 2020, the affidavit under Miss. Code Ann. § 91-7-322 is handed to the bank or other holder and is not filed in West Point. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02 and the paper petition is filed with the Clay County Chancery Clerk. | Sunset helps find accounts and generates an organized estate settlement packet so the attorney can see what letters are needed for. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit under Miss. Code Ann. § 91-7-322 does not transfer the house. If there is a will and the debts are paid, counsel may consider muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, a full administration is filed in the Clay County Chancery Court. The chancellor fixes fiduciary compensation and attorney fees, and fees may not be based on the value of real property (Miss. Code Ann. § 91-7-299; UCCR 6.12(B); Miss. Const. art. 6, § 159). | Sunset helps organize the home, debts and account information and connects the parent with a vetted Mississippi probate attorney. |
Self-help resources
| Resource | How it helps Clay County families | Contact |
|---|---|---|
| Clay County Chancery Clerk | Filing counter for Clay County estate petitions, letters, claims, fees and paper filings. The clerk cannot provide legal advice. | 365 Court Street, West Point, MS 39773; mail to P.O. Box 815, West Point, MS 39773; 662-494-3124; fax 662-492-4059; [email protected] |
| Clay County Chancery Court page | County page for chancery court information and the local chancery fee schedule. | https://www.claycountyms.com/courts/chancery-court/ |
| Mississippi Judiciary chancery resources | State chancery court information, including the statewide Chancery Clerk Cover Sheet link and chancery court district information. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules for Mississippi fiduciary filings, attorney retention, petitions, accounts and original wills. Rule 6.02 requires a fiduciary to retain an attorney unless the fiduciary is a Mississippi-licensed lawyer. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Remote public access requires a registered PAMEC account, and free viewing is available at the chancery clerk's office during regular business hours. Attorneys use MEC for filings after the paper case opening. | https://courts.ms.gov/mec; MEC Helpdesk 601-576-4650 |
| North Mississippi Rural Legal Services | Clay County is served by the West Point office. Check eligibility for civil legal help. Estate administration may not be among the matters accepted. The statewide legal aid directory is at mslegalservices.org. | 1-800-898-8731; call center hours Monday through Thursday, 9:30 to 3:30 |
| NMRLS Heirs' Property Program | For families dealing with inherited land or unclear title, this program may be relevant even when it is not a Clay County estate filing. | 1-800-498-1804; https://nmrls.com/heirs-property-program/ |
When to hire an attorney
In a Clay County full estate, attorney involvement is a rule, not just a practical suggestion. Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or law firm for the entire term of the appointment, and the chancellor fixes the attorney's compensation (UCCR 6.02; Miss. Const. art. 6, § 159). The counterweight is the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, which is not a court filing and needs no attorney. A family that cannot afford counsel should check eligibility with North Mississippi Rural Legal Services at 1-800-898-8731 and the directory at mslegalservices.org, while understanding that legal aid may not take estate matters. Sunset connects families 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 more than 2,300 financial institutions and helps the family build a clearer picture of accounts, debts, insurance, retirement assets and real estate before the Clay County estate settlement path is chosen.
Generate the probate packet. Sunset organizes the information an attorney needs for a Clay County Chancery Court filing, including asset details, family information, known debts and documents to gather for the petition.
Find a local probate attorney. Mississippi requires a fiduciary in a full estate to retain an attorney under Uniform Chancery Court Rule 6.02. Sunset can connect the family with a vetted Mississippi probate attorney for the Clay County filing (UCCR 6.02).
Sunset is free for families. Sunset helps families move from uncertainty to an organized estate settlement plan without charging the family for the service.
Frequently asked questions
Where do I file probate in Clay County, Mississippi?
File a Clay County estate petition with the Clay County Chancery Clerk at 365 Court Street in West Point. Clay County is in the 14th Chancery Court District, but the case is filed at the Clay County courthouse, not in another county (Miss. Code Ann. § 9-5-3(1); Miss. Const. art. 6, § 159).
Does a Clay County estate have to use an attorney?
Yes for a full estate unless the fiduciary is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02 requires a fiduciary, including an executor or administrator, to retain an attorney for the full term of the appointment. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is different because it is not a court filing.
Can I e-file a Clay County probate case?
Attorneys file through Mississippi Electronic Courts after the case is opened. A person without counsel may have read-only PAMEC access but may not file electronically, and every estate case begins with a paper filing at the chancery clerk's counter. MEC and PAMEC information is at https://courts.ms.gov/mec.
How much is the Clay County filing fee for an estate?
Clay County's chancery fee schedule, effective February 2023, lists $158.00 for an estate, testate or intestate, and $148.00 for muniment of title. Miss. Code Ann. § 25-7-9, under the current text effective until December 31, 2027, sets a $140.00 statutory floor made up of $85.00, $10.00, $40.00 and $5.00, so confirm the current total with the Clay County Chancery Clerk before filing.
Does Clay County have local probate forms?
Clay County does not post a local estate form packet or local small estate affidavit on its county forms page. A full estate petition is prepared by the attorney required under UCCR 6.02, and the statewide Chancery Clerk Cover Sheet should be included.
Can I look up a Clay County estate case online?
Use MEC and PAMEC through https://courts.ms.gov/mec. Remote access requires a registered PAMEC account. Free viewing of filed civil documents is available at the Clay County Chancery Clerk's office during regular business hours, with copy charges for copies.
When will a Clay County hearing be set?
Clay County did not provide a local hearing-day schedule in the materials used for this page. Ask the Clay County Chancery Clerk how the chancellor sets estate matters and where the 14th Chancery Court District term order is posted. Mississippi law requires the annual term order for a multi-county chancery district to be posted in each chancery clerk's office (Miss. Code Ann. § 9-5-3(2); Miss. Const. art. 6, § 159).
Can I attend a Clay County estate hearing by phone or video?
Do not assume. Phone or video permission depends on the chancellor and district practice. Ask the Clay County Chancery Clerk what request must be made before the hearing date (Miss. Const. art. 6, § 159).
Do I have to travel to West Point for a small estate?
Not if the matter qualifies for the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322. That affidavit is presented to the bank, employer or other holder of personal property and is not filed with the Clay County Chancery Clerk. If letters testamentary or letters of administration are needed, the Clay County filing goes through the chancery clerk and a Mississippi attorney is required for the fiduciary (Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147; UCCR 6.02).
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.