Back to Mississippi
Jefferson Davis County, MS Probate Information
Quick facts
| Item | Jefferson Davis County information |
|---|---|
| Court | Jefferson Davis County Chancery Court (Miss. Const. art. 6, § 159) |
| Probate filings go to | Jefferson Davis County Chancery Clerk |
| Courthouse address | 2426 Pearl Avenue, Prentiss, MS 39474 |
| Mailing address | P.O. Box 1137, Prentiss, MS 39474 |
| Phone | 601-792-4204 |
| Fax | 601-792-2894 |
| Hours | Public hours are not listed on the Jefferson Davis County chancery clerk page or courts page. Call 601-792-4204 before going to the counter. |
| Filing fee | Jefferson Davis County does not list an estate filing total on its county pages. Miss. Code Ann. § 25-7-9, current text effective until December 31, 2027, sets the clerk fee for an estate of deceased at $85.00 plus $10.00, $40.00 and $5.00 assessments, for a $140.00 statutory floor. Confirm the current total with the chancery clerk. |
| Local forms | No Jefferson Davis County estate packet or local small estate affidavit form is listed on the county forms page. The statewide Chancery Clerk Cover Sheet should be confirmed with the clerk. Small estate affidavits use Miss. Code Ann. § 91-7-322. |
| E-filing | Attorneys file through MEC after the case is opened, but an estate begins with a paper filing at the chancery clerk's counter. A self-represented person may have read-only PAMEC access and may not file electronically unless that person is an attorney. See courts.ms.gov/mec. |
| Case search | MEC and PAMEC are the Mississippi court access systems. Remote PAMEC access requires a registered account, and free viewing is available at the chancery clerk's office during regular business hours. See courts.ms.gov/mec. |
| Remote appearance | Ask the chancery clerk how the assigned chancellor handles phone or video attendance. Mississippi law requires the district term order to be posted in the chancery clerk's office (Miss. Code Ann. § 9-5-3; Miss. Const. art. 6, § 159). |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires an executor or administrator, as a fiduciary, to retain an attorney unless the fiduciary is a Mississippi-licensed lawyer. The $75,000 small estate affidavit, effective July 1, 2020 (Miss. Code Ann. § 91-7-322), needs no court filing and no attorney. |
| Website | Jefferson Davis County Chancery Clerk |
Before you begin — know the assets and liabilities
Before you choose a Jefferson Davis County estate settlement path, list the assets, debts, account holders, title documents and whether there is an original will. Mississippi routes can change depending on whether the property is personal property, Mississippi real estate, jointly owned property or property that passes outside the estate.
Sunset's 2,300-institution asset discovery can help families find accounts before they ask the Jefferson Davis County Chancery Clerk or a Mississippi probate attorney which papers are needed. That first inventory often determines whether estate settlement can use a no-court affidavit, muniment of title, or a full chancery case.
Which court handles jurisdiction
Probate for Jefferson Davis County is filed with the Jefferson Davis County Chancery Clerk at 2426 Pearl Avenue in Prentiss. Jefferson Davis County sits in Mississippi's 13th Chancery Court District with Covington, Lawrence, Simpson and Smith Counties, but the case is filed at this county's own courthouse. Mississippi chancery court jurisdiction over matters testamentary and of administration comes from Miss. Const. art. 6, § 159, and chancery court is held in each county under Miss. Code Ann. § 9-5-3.
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 in the will, where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, the venue 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). Do not take Jefferson Davis County estate papers to the separate circuit court address on 3rd Street.
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 route. A $75,000 small estate affidavit, effective July 1, 2020, may be presented to the holder of personal property after 30 days when the entire probate estate, wherever located and excluding liens and encumbrances, is within Miss. Code Ann. § 91-7-322. It is not a court filing and does not need an attorney. Muniment of title may fit when 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 (Miss. Code Ann. § 91-5-35). Otherwise, plan on 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, and pleadings, accounts, inventories and reports filed by the fiduciary must be personally signed and sworn by the fiduciary (UCCR 6.15; UCCR 6.14).
- File the opening papers on paper with the Jefferson Davis County Chancery Clerk at 2426 Pearl Avenue in Prentiss, with the chancery clerk cover sheet and the court cost deposit. Miss. Code Ann. § 25-7-9, current text effective until December 31, 2027, sets the clerk fee for an estate of deceased at $85.00 plus $10.00, $40.00 and $5.00 assessments, for a $140.00 statutory floor, and the clerk may require deposits for additional costs (UCCR 9.01). The original will stays with the clerk (UCCR 9.03).
- The chancery court, or the chancery clerk in vacation subject to court approval, admits the will to probate in common form and grants letters testamentary or letters of administration when the statutory requirements are met. Clerk action is not final until approved by the court (Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 91-7-63; Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147; Miss. Const. art. 6, § 159).
- Handle bond if required. Mississippi law requires the executor's oath and a bond in a penalty equal to the full value of the estate unless the court or clerk approves otherwise under the authority that applies in the case (Miss. Code Ann. § 91-7-41).
- After letters are granted, the executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to those identified, files the diligent-search affidavit, and then publishes notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-145).
- Creditors probate and register claims with the chancery clerk. Claims not registered within 90 days after the first publication are barred (Miss. Code Ann. § 91-7-151).
- The personal representative, through counsel, collects assets, pays allowed debts and taxes, prepares required accounts, seeks any needed court approvals, distributes property under the will or Mississippi law, and requests a final decree of distribution and discharge.
Forms and documents
Probate forms in Jefferson Davis County
The Mississippi Judiciary links a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, but a full estate packet is prepared by the attorney required for a fiduciary under Uniform Chancery Court Rule 6.02. Jefferson Davis County's own forms page lists general county forms, but it does not list a Jefferson Davis County estate packet, local probate instruction sheet or local small estate affidavit form (Miss. Code Ann. § 91-7-322).
For a will, the petition must attach a copy of the will as an exhibit, and the original will is kept safely by the chancery clerk unless the chancellor orders otherwise (UCCR 6.15; UCCR 9.03; Miss. Const. art. 6, § 159). Call the Jefferson Davis County Chancery Clerk at 601-792-4204 before filing to confirm the current cover sheet, payment method and paper-filing requirements.
Local nuance
Jefferson Davis County-specific considerations
The key local point is the address. Jefferson Davis County lists the chancery office at 2426 Pearl Avenue, Prentiss, MS 39474, with mailing address P.O. Box 1137, Prentiss, MS 39474, phone 601-792-4204 and fax 601-792-2894. The county separately lists a circuit court office at 1025 3rd Street with different contact information. 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).
Jefferson Davis County is not one of Mississippi's counties with two judicial districts. The 13th Chancery Court District is the district for assigning chancellors and court terms; it does not move a Jefferson Davis County filing to another county.
Recent updates
| Date | Update |
|---|---|
| June 30, 2025 | Mississippi announced completion of electronic filing and case management across the courts. All chancery courts had been implemented in MEC as of June 19, 2023. Attorneys use MEC, PAMEC is read-only for public users, and the MEC hub is at courts.ms.gov/mec. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended. Rule 6.02 remains the key estate rule requiring a fiduciary to retain an attorney unless the fiduciary is licensed to practice law in Mississippi. |
| July 1, 2020 | The small estate affidavit amount became $75,000, effective July 1, 2020, and muniment of title was rewritten to cross-reference that amount (Miss. Code Ann. § 91-7-322; Miss. Code Ann. § 91-5-35). |
| January 1, 2026 | North Mississippi Rural Legal Services, intake 1-800-898-8731, and Mississippi Center for Legal Services, intake 1-800-519-2915, began using separate intake hotline numbers. Jefferson Davis County is listed with Mississippi Center for Legal Services, Hattiesburg office, and the public directory is at mslegalservices.org. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Jefferson Davis County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking title to the home and beneficiary designations. 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 present a small estate affidavit after 30 days with no court filing and no attorney (Miss. Code Ann. § 91-7-322). If a will devises Mississippi real property and all known debts are paid, muniment of title may be the chancery route (Miss. Code Ann. § 91-5-35). | Sunset helps identify accounts, title clues and debts so the spouse can choose the right estate settlement path before filing in Prentiss. |
| Out-of-state adult child w/ small estate | If 30 days have passed and the entire probate estate, wherever located and excluding liens and encumbrances, is $75,000 or less, effective July 1, 2020, the child may use the small estate affidavit by presenting it to the bank or other holder, not by filing it with the Jefferson Davis County Chancery Clerk (Miss. Code Ann. § 91-7-322). If letters are needed, a full estate requires a Mississippi attorney under UCCR 6.02. | Sunset can find accounts, prepare an organized asset list and connect the child with a Mississippi attorney if the estate needs letters testamentary or letters of administration. |
| Parent settling predeceased child's estate, home must be sold | The small estate affidavit cannot transfer the house. If the child left a will, all known debts are paid and the case fits Miss. Code Ann. § 91-5-35, muniment of title may work. If there is no will, debts remain, or letters are needed to sell the property, the parent should expect full administration in the Jefferson Davis County Chancery Court with counsel required by UCCR 6.02. 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 organizes the estate settlement facts, helps generate the probate packet and connects the family with a vetted Mississippi probate attorney. |
Self-help resources
| Resource | How it helps in Jefferson Davis County | Contact |
|---|---|---|
| Jefferson Davis County Chancery Clerk | Confirms local filing counter requirements, current cost deposit, paper filing steps, cover sheet use, hours and whether a hearing can be handled by phone or video. The clerk cannot provide legal advice. | 2426 Pearl Avenue, Prentiss, MS 39474; P.O. Box 1137, Prentiss, MS 39474; 601-792-4204; fax 601-792-2894; https://www.co.jefferson-davis.ms.us/chancery-clerk/ |
| Mississippi Center for Legal Services, Hattiesburg office | Jefferson Davis County is listed in the Hattiesburg office service area. Families should check eligibility and ask whether the issue is one the program can accept. The statewide directory is at mslegalservices.org. | Intake 1-800-519-2915; https://www.mslegalservices.org/find-legal-help/directory/area |
| mslegalservices.org | Public legal-information site maintained by Mississippi's two civil legal services providers, with a topic library, online forms and a directory by service area. It may help a family find an eligibility screening route, but it should not be treated as a promise of estate representation. | https://www.mslegalservices.org/ |
| Mississippi Judiciary Chancery Courts page | Links to chancery court information and the Chancery Clerk Cover Sheet. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules for fiduciary matters, including the attorney requirement in UCCR 6.02, sworn fiduciary filings and required estate accounting practices. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Attorneys use MEC for electronic filings after the case begins. PAMEC gives read-only public access for registered users, and free viewing is available at the clerk's office during regular business hours. | https://courts.ms.gov/mec/mec.php |
When to hire an attorney
In Mississippi, this is a rule, not a preference: Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire term of the appointment, and the chancellor fixes the attorney's fee. The practical exception for many families is the $75,000 small estate affidavit, effective July 1, 2020, which is presented to the property holder and is not a court filing (Miss. Code Ann. § 91-7-322). A Jefferson Davis County family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services through mslegalservices.org or 1-800-519-2915, understanding that the program may not accept estate matters. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify bank accounts, investment accounts, insurance, retirement assets and other property before choosing an estate settlement path in Jefferson Davis County.
Generate the probate packet. Sunset organizes the family information, asset details, debts and documents a Mississippi attorney needs to prepare the petition, cover sheet and related estate settlement paperwork for the Jefferson Davis County Chancery Clerk.
Find a local probate attorney. Because UCCR 6.02 requires a Mississippi fiduciary to retain counsel unless the fiduciary is a Mississippi-licensed lawyer, Sunset helps connect families with a vetted probate attorney who can file in the Jefferson Davis County Chancery Court (Miss. Const. art. 6, § 159).
Sunset is free for families. Families can use Sunset to understand what the estate owns, what documents are missing and what path may fit before paying court costs, publication costs or attorney fees.
Frequently asked questions
Where do I file probate in Jefferson Davis County?
File with the Jefferson Davis County Chancery Clerk at 2426 Pearl Avenue, Prentiss, MS 39474. Do not use the separate circuit court address on 3rd Street. Mississippi circuit courts do not hear probate; matters testamentary and of administration are in chancery court (Miss. Const. art. 6, § 159).
What phone number should I call for the Jefferson Davis County Chancery Clerk?
Call 601-792-4204. The fax number is 601-792-2894. Public hours are not listed on the Jefferson Davis County chancery clerk page or courts page, so call before going to the counter.
Can I e-file an estate case in Jefferson Davis County?
Attorneys file through MEC after the case is opened, and every estate begins with a paper filing at the chancery clerk's counter. A self-represented person may have read-only PAMEC access but may not file electronically unless that person is an attorney. See courts.ms.gov/mec.
How do I look up a Jefferson Davis County estate case?
Use MEC and PAMEC through the Mississippi Judiciary hub at courts.ms.gov/mec. Remote PAMEC access requires a registered account and fees may apply. Free viewing is available at the chancery clerk's office during regular business hours.
Does Jefferson Davis County have local probate forms?
The county forms page does not list a Jefferson Davis County estate packet, local instruction sheet or local small estate affidavit form. Ask the chancery clerk about the Chancery Clerk Cover Sheet, and remember that a full estate petition is normally prepared by the attorney required under UCCR 6.02. Small estate affidavits use Miss. Code Ann. § 91-7-322.
What is the filing fee for probate in Jefferson Davis County?
Jefferson Davis County does not list an estate filing total on its county pages. Miss. Code Ann. § 25-7-9, current text effective until December 31, 2027, sets the clerk fee for an estate of deceased at $85.00 plus $10.00, $40.00 and $5.00 assessments, for a $140.00 statutory floor. Call the chancery clerk to confirm the current total before filing.
Can I use a small estate affidavit in Jefferson Davis County?
Possibly, if the entire probate estate, wherever located and excluding liens and encumbrances, is $75,000 or less, effective July 1, 2020, and at least 30 days have passed. The affidavit is presented to the bank, employer or other property holder. It is not filed with the Jefferson Davis County Chancery Clerk and it does not transfer real property (Miss. Code Ann. § 91-7-322).
Do I have to travel to Prentiss for a Jefferson Davis County estate?
If the estate can be settled by the $75,000 small estate affidavit, effective July 1, 2020, no court filing is made and travel may not be needed (Miss. Code Ann. § 91-7-322). If a full estate is needed, your Mississippi attorney can tell you what must be signed in person and you should ask the chancery clerk how the assigned chancellor handles phone or video attendance (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.