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Covington County, MS Probate Information
Quick facts
| Topic | Covington County information |
|---|---|
| Court | Covington County Chancery Court (Miss. Const. art. 6, § 159) |
| Probate filings go to | Covington County Chancery Clerk, 101 South Elm Avenue, Collins, MS 39428 |
| Mailing address | P.O. Drawer 1679, Collins, MS 39428 |
| Phone | (601) 765-4242 |
| Fax | (601) 765-5016 |
| [email protected] | |
| Hours | Monday through Friday, 8 am to 5 pm. No midday closure or filing cutoff is published for probate filings, so call before traveling. |
| Filing fee | Covington County does not publish a local probate total. Under Miss. Code Ann. § 25-7-9, in the text effective until December 31, 2027, the statutory floor is $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments, for a $140.00 floor. The county total may be higher, so confirm the current amount with the chancery clerk before filing. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires an executor or administrator, as fiduciary, to retain an attorney unless the 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. |
| E-filing | Attorneys file through Mississippi Electronic Courts. A self-represented party may have read-only PAMEC access but may not file electronically, and every estate begins with a paper filing at the chancery clerk's counter. Start at courts.ms.gov/mec. |
| Case access | Remote PAMEC access requires a registered account through courts.ms.gov/mec. Free viewing of filed civil documents is available at the chancery clerk's office during business hours, with copy charges for copies. |
| Local forms | Covington County does not publish a local probate packet, probate instruction sheet or small estate affidavit form under Miss. Code Ann. § 91-7-322. Ask about the statewide Chancery Clerk Cover Sheet when filing. |
| Remote appearance | Ask the chancery clerk and the assigned attorney. The 13th Chancery Court District's annual term order is the local place to check scheduling practice under Miss. Code Ann. § 9-5-3(2). |
| Website | County site: https://covingtoncountyms.gov/government/chancery-clerk. Chancery clerk site: http://chancery.covingtoncountyms.gov. |
Before you begin — know the assets and liabilities
Before opening an estate settlement in Covington County, make a working list of the accounts, real estate, vehicles, debts, taxes and beneficiary designations. That list determines whether the family can use a non-court affidavit, a muniment of title petition or a full chancery administration.
Sunset's asset discovery searches more than 2,300 financial institutions, so families can locate accounts before an attorney prepares a petition or before a bank asks for proof of authority. Bring that inventory, the death certificate and the original will, if there is one, to the first attorney meeting.
Which court handles jurisdiction
Probate for Covington County is filed at the Covington County Courthouse in Collins with the Covington County Chancery Clerk. 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; Miss. Code Ann. § 91-7-63).
For a will, venue is the chancery court of the county where the testator had a fixed place of residence, with a land-based fallback if there was no fixed place of residence (Miss. Code Ann. § 91-7-1). For an intestate estate, the venue ladder starts with the county where the person had a fixed place of residence, then land ownership, then the county of death (Miss. Code Ann. § 91-7-63). The two ladders differ.
Covington County sits in Mississippi's 13th Chancery Court District with Jefferson Davis, Lawrence, Simpson and Smith counties. That district assignment is how chancellors are assigned, but Miss. Code Ann. § 9-5-3(1) provides that a chancery court is held in each county, so a Covington County case is filed at this county's own courthouse in Collins.
The jurisdiction process
- Gather the death certificate, the original will if there is one, account information, deeds, vehicle titles, known debts and family contact information. The original will is physically delivered to the chancery clerk and is kept in the clerk's custody under UCCR 9.03.
- Choose the route. If 30 days have passed and the whole probate estate is $75,000 or less, excluding liens and encumbrances, and it consists of personal property, the small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the bank, employer or other holder and is not filed with any court. If there is a will devising Mississippi real property, all known debts are paid and the non-real, non-exempt probate estate is within the § 91-7-322 amount, ask the attorney about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, plan for full administration.
- Retain a Mississippi probate attorney. Uniform Chancery Court Rule 6.02 requires every executor or administrator, as fiduciary, to retain an attorney unless the fiduciary is licensed to practice law in Mississippi.
- 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 the paper petition with the Covington County Chancery Clerk at 101 South Elm Avenue in Collins. Bring the Chancery Clerk Cover Sheet, the original will if there is one and the court cost deposit required by UCCR 9.01 and Miss. Code Ann. § 25-7-9. Under the text effective until December 31, 2027, § 25-7-9 sets a $140.00 statutory floor made up of $85.00, $10.00, $40.00 and $5.00, but the county total may be higher.
- The chancery court, or the chancery clerk in vacation, meaning between court terms, subject to the court's approval, admits the will in common form and grants letters testamentary or letters of administration when the legal requirements are met (Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 91-7-63; Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147). The clerk's act is not final until approved by the court.
- Address bond if the court or clerk requires it. Miss. Code Ann. § 91-7-41 requires the executor's oath and a bond approved by the court or the clerk.
- After letters are granted, the executor or administrator makes reasonably diligent efforts to identify creditors, mails notice, files the diligent-search affidavit, and only then publishes notice to creditors for three consecutive weeks under 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 and close the estate. The personal representative collects assets, pays allowed debts and taxes, handles any required accounting, and seeks a final decree of distribution and discharge through the chancery court.
Forms and documents
Probate forms in Covington County
Covington County does not publish a local probate packet, local probate instruction sheet or local small estate affidavit form under Miss. Code Ann. § 91-7-322. The county forms page lists other county forms, but not a probate packet for opening an estate.
For a full estate, the petition is drafted by the attorney required under UCCR 6.02. Ask the Covington County Chancery Clerk whether the statewide Chancery Clerk Cover Sheet must accompany the paper filing, and bring the original will if there is one.
Local nuance
Covington County-specific considerations
| Local point | What it means for a Covington County filing |
|---|---|
| Courthouse address | Use 101 South Elm Avenue, Collins, MS 39428 for the chancery clerk and courthouse filing counter. |
| Single courthouse | Covington County has one chancery filing counter. It is not one of Mississippi's counties with two judicial districts. |
| 13th Chancery Court District | Covington County shares the district with Jefferson Davis, Lawrence, Simpson and Smith counties, but a Covington County estate settlement is filed in Collins. The district assignment does not send the filing to another county. |
| Office contact | The published chancery clerk contact line is (601) 765-4242, with fax (601) 765-5016 and email [email protected]. |
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including the Covington County Chancery Court, were implemented in Mississippi Electronic Courts. The statewide trial-court rollout finished June 30, 2025. Start at courts.ms.gov/mec. |
| July 1, 2020 | The small estate affidavit ceiling became $75,000 under Miss. Code Ann. § 91-7-322, and the muniment of title procedure under Miss. Code Ann. § 91-5-35 was rewritten. |
| January 1, 2026 | Mississippi's two civil legal aid providers began using separate intake hotlines. Covington County is served by Mississippi Center for Legal Services at 1-800-519-2915, with statewide directory information at mslegalservices.org. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the fiduciary attorney rule in UCCR 6.02. |
Scenarios
| Situation | Likely Covington 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 property is personal property within the $75,000 amount effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 may resolve the remaining accounts without a court filing. If a will devises the home and all known debts are paid, ask about muniment of title under Miss. Code Ann. § 91-5-35. A court petition is filed with the Covington County Chancery Clerk in Collins. | Sunset helps identify accounts, flag deed and beneficiary questions for counsel, and organize the estate settlement file before the family contacts the clerk or attorney. |
| 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, and the property is personal property, the affidavit under Miss. Code Ann. § 91-7-322 is handed to the holder, not filed at the courthouse. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02, and the paper filing goes to the Covington County Chancery Clerk. | Sunset gathers institution information, prepares an organized packet for the attorney, and helps the family avoid an unnecessary trip when the non-court affidavit route fits. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit under Miss. Code Ann. § 91-7-322 cannot transfer the house. If there is a will and all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be the route. Otherwise, a full administration is filed in the Covington County Chancery Court. The chancellor fixes fiduciary compensation and the attorney's fee under Miss. Code Ann. § 91-7-299, and UCCR 6.12(B) says fees for fiduciaries and attorneys may not be based on the value of real property. | Sunset helps locate assets and liabilities, prepares the estate settlement materials, and connects the family with a Mississippi probate attorney. |
Self-help resources
| Resource | How it helps in Covington County | Contact |
|---|---|---|
| Covington County Chancery Clerk | Filing counter for Covington County probate cases, paper filings, copy requests and local scheduling questions. The clerk's office provides filing logistics, not legal advice. | 101 South Elm Avenue, Collins, MS 39428. Phone: (601) 765-4242. Fax: (601) 765-5016. Email: [email protected]. |
| Mississippi Center for Legal Services | Civil legal aid provider serving Covington County through the Hattiesburg office. Estate administration is not listed as a guaranteed service, so use it to check eligibility and referrals. Directory information is at mslegalservices.org. | Intake: 1-800-519-2915. |
| mslegalservices.org | Statewide public legal-information site with a directory by service area, legal topics and online forms. | https://www.mslegalservices.org/find-legal-help/directory/area |
| Mississippi Judiciary Chancery Court page | Explains Mississippi chancery courts and links to chancery resources, including the Chancery Clerk Cover Sheet. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules for fiduciary matters, including UCCR 6.02 on attorney retention, UCCR 6.14 on sworn filings and UCCR 9.03 on original wills. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Attorneys file through MEC. Remote PAMEC viewing requires an account, and free viewing is available at the chancery clerk's office during regular business hours. | https://courts.ms.gov/mec |
When to hire an attorney
Uniform Chancery Court Rule 6.02(A) requires every executor or administrator, as fiduciary, to retain an attorney for the entire term of the appointment unless the fiduciary is licensed to practice law in Mississippi, and the chancellor fixes the attorney's fee. The counterweight is important: the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is not a court filing and needs no attorney. A Covington County family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 and mslegalservices.org, and Sunset connects the family to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets
Sunset searches across more than 2,300 financial institutions to help identify accounts, balances and leads before the family chooses a probate route. That makes the Covington County estate settlement easier to size before a petition or affidavit is prepared.
Generate the probate packet
Sunset organizes the death certificate, will information, asset list, creditor list and family details into a structured packet the Mississippi attorney can use when preparing the chancery filing.
Find a local probate attorney
Because UCCR 6.02 requires a fiduciary to retain an attorney for a full Mississippi estate, Sunset helps families connect with a vetted probate attorney who can file in the Covington County Chancery Court.
Sunset is free for families
Sunset does not charge families for estate settlement support. Families can use Sunset to find assets, organize documents and connect with professional help without adding another bill during the first planning stage.
Frequently asked questions
Where do I file probate in Covington County, Mississippi?
File a court estate with the Covington County Chancery Clerk at 101 South Elm Avenue, Collins, MS 39428. Probate is in the chancery court under Miss. Const. art. 6, § 159, and venue depends on the fixed place of residence rules in Miss. Code Ann. § 91-7-1 and Miss. Code Ann. § 91-7-63.
Does Covington County have its own probate forms?
Covington County does not publish a local probate packet, local instruction sheet or local small estate affidavit form under Miss. Code Ann. § 91-7-322. For a full estate, the attorney required by UCCR 6.02 drafts the petition, and the clerk can tell you whether the Chancery Clerk Cover Sheet is required with the paper filing.
Can I file a Covington County estate electronically?
Attorneys file through Mississippi Electronic Courts, and every estate begins with a paper filing at the chancery clerk's counter. A self-represented party may have read-only PAMEC access but may not file electronically. MEC and PAMEC information starts at courts.ms.gov/mec.
What is the filing fee in Covington County?
Covington County does not publish a local probate total. Under Miss. Code Ann. § 25-7-9, in the text effective until December 31, 2027, the statutory floor is $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00, for a $140.00 floor. Call the Covington County Chancery Clerk for the current total before filing.
Can I use the Mississippi small estate affidavit in Covington County?
Yes, if the statewide requirements fit. After 30 days, if the entire probate estate is $75,000 or less, excluding liens and encumbrances, and the property is personal property, the successor presents the affidavit to the holder under Miss. Code Ann. § 91-7-322. The $75,000 figure has been effective since July 1, 2020, and the affidavit is not filed with the Covington County Chancery Clerk.
Can I appear by phone or video for a Covington County probate hearing?
Do not assume. Remote appearance is set by the chancellor and district practice, not by a published Covington County rule on this page. Ask the chancery clerk and the attorney to check the 13th Chancery Court District term order posted under Miss. Code Ann. § 9-5-3(2).
How do I view Covington County chancery filings?
Use MEC and PAMEC through courts.ms.gov/mec for remote access with a registered account. Free viewing of filed civil documents is also available at the Covington County Chancery Clerk's office during regular business hours, with copy charges for copies.
Do I have to travel to Collins for a small estate?
If the non-court affidavit under Miss. Code Ann. § 91-7-322 fits, the affidavit is presented to the bank, employer or other holder, so the courthouse filing step is not part of that route. If letters testamentary or letters of administration are needed, Miss. Code Ann. § 9-5-141 and Miss. Code Ann. § 9-5-147 apply, and the attorney required by UCCR 6.02 can advise whether any appearance can be handled without travel.
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.