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Lincoln County, MS Probate Information
Quick facts
| Topic | Lincoln County detail |
|---|---|
| Court | Lincoln County Chancery Court (Miss. Const. art. 6, § 159). |
| Probate filings go to | Lincoln County Chancery Clerk, Lincoln County Courthouse. |
| Courthouse address | 301 South First Street, Room 111, Brookhaven, MS 39601. |
| Mailing address | Lincoln County Chancery Clerk, P.O. Box 555, Brookhaven, MS 39602. |
| Phone | 601-835-3411. |
| Fax | 601-835-3423. |
| [email protected]. | |
| Hours | Call 601-835-3411 before visiting. The county's online chancery clerk contact block does not post public counter hours. |
| Filing fee | Lincoln County does not post a separate estate total on its online clerk, court, or forms pages. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor is $140.00, made up of $85.00 for an estate of deceased, $10.00 to the Comprehensive Electronic Court Systems Fund, $40.00 to the Judicial System Operation Fund, and $5.00 to the Civil Legal Assistance Fund. Confirm the current amount with the chancery clerk before filing. |
| Local forms | Lincoln County does not post a county probate packet, probate instruction sheet, or local small estate form on the county pages checked. Mississippi uses a statewide chancery clerk cover sheet and the Uniform Chancery Court Rules; the petition is drafted by the attorney required by UCCR 6.02. |
| E-filing | Attorneys file through Mississippi Electronic Courts. A person without an attorney may have read-only PAMEC access, but may not file electronically unless that person is an attorney admitted to practice. Every estate case opens with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec. |
| Case access | Use MEC and PAMEC at https://courts.ms.gov/mec. Remote access requires a PAMEC account and fees may apply. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours. |
| Remote appearance | Ask the Lincoln County Chancery Clerk how the chancellor handles a particular setting. The 15th Chancery Court District's term order is the schedule source posted in the chancery clerk's office (Miss. Code Ann. § 9-5-3(2); Miss. Const. art. 6, § 159). |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire appointment. The $75,000 small estate affidavit, effective July 1, 2020, is presented to the holder of personal property and needs no court filing or attorney (Miss. Code Ann. § 91-7-322). |
| Website | https://www.golincolnms.com/chancery-clerk. |
Before you begin — know the assets and liabilities
Before you file anything in Brookhaven, identify what the decedent owned, what was jointly titled, what had a beneficiary, and what debts still exist. That asset picture decides whether Lincoln County needs a full chancery case, a muniment of title petition, or no courthouse filing at all for a qualifying small estate.
Sunset's estate settlement tools help families find accounts across more than 2,300 financial institutions, organize liabilities, and prepare the information a Mississippi probate attorney will need before a petition is filed with the Lincoln County Chancery Clerk.
Which court handles jurisdiction
Probate for Lincoln County is filed with the Lincoln County Chancery Clerk at 301 South First Street, Room 111, Brookhaven, MS 39601. The clerk's mailing address is P.O. Box 555, Brookhaven, MS 39602. Brookhaven is the county seat and courthouse city for Lincoln County, including the surrounding communities of Lincoln County.
Mississippi venue uses the decedent's fixed place of residence for a will, and a different ladder for an intestate estate. A will is proved and letters testamentary are granted by the chancery court of the county where the testator had a fixed place of residence, or where devised land is located if there was no fixed place of residence (Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147). Letters of administration for an intestate estate are granted by the chancery court of the county where the intestate had a fixed place of residence, then where the intestate owned land, then where the intestate died (Miss. Code Ann. § 91-7-63; Miss. Const. art. 6, § 159).
Lincoln County is part of Mississippi's 15th Chancery Court District with Copiah County. A chancery court district groups chancellors; it does not move a Lincoln County estate filing to another county. Chancery court is held in every Mississippi county (Miss. Code Ann. § 9-5-3(1); Miss. Const. art. 6, § 159).
The jurisdiction process
- Gather the death certificate, the original will if there is one, deeds, account statements, vehicle titles, debts, and beneficiary information. The original will is delivered to the chancery clerk and is kept in the clerk's custody under UCCR 9.03.
- Choose the route before filing. If 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, the small estate affidavit is presented to the bank, employer, transfer agent, or other holder of personal property and is not filed with the court (Miss. Code Ann. § 91-7-322, effective July 1, 2020). If the decedent left a will that devises Mississippi real property, all known debts are paid, and the non-real, non-exempt probate estate fits the Miss. Code Ann. § 91-7-322 sum, ask the attorney about muniment of title (Miss. Code Ann. § 91-5-35). Otherwise, use full administration.
- Retain an attorney if a full estate or muniment of title petition will be filed. UCCR 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or law firm 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 (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; UCCR 6.02).
- File the paper petition at the Lincoln County Chancery Clerk's counter, 301 South First Street, Room 111, Brookhaven, MS 39601, or mail it to P.O. Box 555, Brookhaven, MS 39602 if the clerk and attorney approve that method. Include 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 floor is $140.00, made up of $85.00, $10.00, $40.00, and $5.00 components; call the clerk for the current Lincoln County total.
- The chancery court, or the chancery clerk in vacation subject to court approval, admits the will in common form and grants letters testamentary, or grants letters of administration in an intestate estate (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). In vacation means between terms of court. The clerk's act is not final until approved by the court.
- If required, address the executor's or administrator's oath and bond. Mississippi law requires a bond in a penalty equal to the full value of the estate, with sureties approved by the court or clerk, but the page does not state a waiver rule because that was not provided here (Miss. Code Ann. § 91-7-41).
- After letters are granted, the executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to known creditors, files the diligent-search affidavit, and only then publishes notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-145). A creditor must probate and register the claim with the clerk within 90 days after the first publication or the claim is barred (Miss. Code Ann. § 91-7-151).
- Administer the estate settlement by collecting assets, protecting property, paying allowed claims and expenses, addressing taxes, and keeping records for the accounting. Mississippi does not impose an estate tax on the estate of anyone who died on or after January 1, 2005, and Mississippi has no inheritance tax or gift tax, according to the Mississippi Department of Revenue.
- Close the estate through the attorney by filing the required accounting, proposed distribution, and discharge papers. The chancellor fixes the fiduciary's compensation and attorney's fee, and fees for fiduciaries and attorneys 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).
Forms and documents
Probate forms in Lincoln County
Lincoln County does not post a county probate packet, local small estate form, or probate instruction sheet on its online chancery clerk, courts, or forms pages. The chancery clerk's online tool is for land records, not for estate case lookup or estate forms.
Mississippi provides a statewide chancery clerk cover sheet and the Uniform Chancery Court Rules. Those rules set filing content requirements, including a copy of the will attached to a petition to probate a will and sworn filings by a fiduciary (UCCR 6.15; UCCR 6.14; UCCR 6.02). Because UCCR 6.02 requires a fiduciary to retain an attorney unless the fiduciary is licensed to practice law in Mississippi, the attorney drafts the petition for a full Lincoln County estate.
The small estate affidavit is different. If 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, the successor presents the affidavit to the person or institution holding personal property, rather than filing it with the chancery clerk (Miss. Code Ann. § 91-7-322, effective July 1, 2020).
Local nuance
Lincoln County-specific considerations
| Local point | What it means for a Lincoln County filing |
|---|---|
| Room 111 | The chancery clerk's office is listed at 301 South First Street, Room 111, Brookhaven, MS 39601. Use the room number when directing an attorney, courier, or family member to the courthouse. |
| Separate mailing address | Mail for the chancery clerk is addressed to P.O. Box 555, Brookhaven, MS 39602. Do not use the courthouse street ZIP as the mailing ZIP. |
| Published fax | The chancery clerk publishes fax 601-835-3423. Call before faxing anything that affects a filing deadline or requires an original signature. |
| Land records tool | The clerk's online land records tool is for deeds and mortgages. For estate case information, use MEC and PAMEC at https://courts.ms.gov/mec or view filed civil documents at the chancery clerk's office during regular business hours. |
| Hours before visiting | The county's online chancery clerk contact block does not post public counter hours. Call 601-835-3411 before traveling to Brookhaven. |
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including Lincoln County's, were implemented in Mississippi Electronic Courts. The statewide trial-court rollout finished June 30, 2025. Attorneys use MEC, and public case access runs through PAMEC 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. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the fiduciary attorney-retention rule in UCCR 6.02. |
| January 1, 2026 | Mississippi's two legal aid providers began using separate intake hotlines. Lincoln County's mapped provider is Mississippi Center for Legal Services, McComb office, with intake at 1-800-519-2915, and mslegalservices.org remains the statewide directory. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Lincoln County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. If the home passes outside the estate and the remaining personal property fits the $75,000 small estate affidavit rules, effective July 1, 2020, the spouse may present the affidavit to the holder without a court filing (Miss. Code Ann. § 91-7-322). If a will devises the home and all known debts are paid, muniment of title may be filed with the Lincoln County Chancery Clerk (Miss. Code Ann. § 91-5-35). | Sunset helps identify titled assets, beneficiary accounts, debts, and the documents a Mississippi attorney needs for the estate settlement plan. |
| Out-of-state adult child with a small estate | If 30 days have passed and the whole probate estate is $75,000 or less in personal property, excluding liens and encumbrances, the affidavit is presented to the bank or employer and may avoid a trip to Brookhaven (Miss. Code Ann. § 91-7-322, effective July 1, 2020). If letters testamentary or letters of administration are needed, the child must retain an attorney under UCCR 6.02 and the petition is filed with the Lincoln County Chancery Clerk (Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147). | Sunset organizes accounts and can connect the family with a vetted Mississippi probate attorney for the filing step. |
| Parent settling predeceased child's estate, home must be sold | The small estate affidavit cannot transfer the house. If there is a will, debts are paid, and the non-real, non-exempt probate estate fits the cross-referenced sum, ask counsel about muniment of title (Miss. Code Ann. § 91-5-35; Miss. Code Ann. § 91-7-322). Otherwise, a full chancery administration is filed in Brookhaven, and the fiduciary must retain an attorney under UCCR 6.02. | Sunset helps map the home, debts, accounts, and family contacts so the attorney can choose the right estate settlement route and prepare the petition. |
Self-help resources
| Resource | How it helps |
|---|---|
| Lincoln County Chancery Clerk | Filing logistics for Lincoln County estates. Address: 301 South First Street, Room 111, Brookhaven, MS 39601. Mail: P.O. Box 555, Brookhaven, MS 39602. Phone: 601-835-3411. Fax: 601-835-3423. The clerk can provide filing logistics, but legal advice comes from an attorney. |
| Mississippi Judiciary chancery court page | Lists the chancery court structure and links the statewide chancery clerk cover sheet. Use https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php. |
| Uniform Chancery Court Rules | Statewide chancery procedure, including UCCR 6.02, which requires a fiduciary to retain an attorney unless licensed to practice law in Mississippi, and UCCR 9.03, which requires original wills to be kept by the clerk. |
| MEC and PAMEC | Mississippi Electronic Courts and public access. Attorneys file through MEC; public remote viewing runs through PAMEC, and free viewing of filed civil documents is available at the chancery clerk's office during regular business hours. Use https://courts.ms.gov/mec. |
| mslegalservices.org | Statewide public legal information site and directory for Mississippi's two legal aid providers. Use it to check eligibility and service-area information. |
| Mississippi Center for Legal Services, McComb office | Legal aid provider mapped for Lincoln County. Intake hotline: 1-800-519-2915. It is income-restricted and may not take an estate administration matter, but a family that cannot afford counsel should check eligibility. |
When to hire an attorney
For a full Lincoln County estate, Mississippi makes counsel part of the filing plan. 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 attorney compensation (UCCR 6.02; Miss. Const. art. 6, § 159). The counterweight is the $75,000 small estate affidavit, effective July 1, 2020, which is not a court filing and needs no attorney when the requirements of Miss. Code Ann. § 91-7-322 are met. If cost is the barrier, check mslegalservices.org and Mississippi Center for Legal Services at 1-800-519-2915 first, though 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.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps identify accounts, policies, debts, and property so the Lincoln County estate settlement starts with a reliable asset list.
Generate the probate packet. Sunset organizes the information your Mississippi attorney needs for the petition, family details, asset inventory, creditor list, and supporting documents before filing with the Lincoln County Chancery Clerk.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain an attorney unless licensed to practice law in Mississippi, Sunset can connect the family with a vetted attorney for Lincoln County chancery filings.
Sunset is free for families. Sunset's estate settlement guidance, asset discovery, document organization, and attorney connection are free for families, with no upfront cost to get organized.
Frequently asked questions
Where do I file probate in Lincoln County, Mississippi?
File a Lincoln County estate with the Lincoln County Chancery Clerk at 301 South First Street, Room 111, Brookhaven, MS 39601. Probate is in the chancery court because Mississippi gives chancery courts jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159). Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court (Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147).
What is the mailing address for the Lincoln County Chancery Clerk?
Mail is addressed to Lincoln County Chancery Clerk, P.O. Box 555, Brookhaven, MS 39602. Call 601-835-3411 before mailing original documents or payment so the clerk can confirm the current filing amount and delivery instructions.
Can I e-file a Lincoln County estate?
Attorneys file through Mississippi Electronic Courts, and every estate case starts with a paper filing at the chancery clerk's counter. A person without an attorney may hold read-only PAMEC access but may not file electronically unless that person is an attorney admitted to practice. Use https://courts.ms.gov/mec for MEC and PAMEC information.
How much is the Lincoln County probate filing fee?
Lincoln County does not post a separate estate total on its online clerk, court, or forms pages. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor is $140.00, made up of $85.00, $10.00, $40.00, and $5.00 components. Confirm the current amount with the chancery clerk at 601-835-3411 before filing.
Does Lincoln County have local probate forms?
Lincoln County does not post a local probate packet, local small estate form, or probate instruction sheet on the county pages checked. Mississippi uses a statewide chancery clerk cover sheet and the Uniform Chancery Court Rules, and the attorney required by UCCR 6.02 drafts the petition for a full estate. A qualifying small estate affidavit is presented to the holder of personal property, not filed with the clerk (Miss. Code Ann. § 91-7-322, effective July 1, 2020).
Do I need an attorney for probate in Lincoln County?
Yes for a full estate unless the fiduciary is licensed to practice law in Mississippi. UCCR 6.02 requires a fiduciary to retain an attorney for the entire appointment. A qualifying $75,000 small estate affidavit, effective July 1, 2020, is not a court filing and does not require an attorney under Miss. Code Ann. § 91-7-322.
Can I attend a Lincoln County chancery hearing by phone or video?
Ask the Lincoln County Chancery Clerk before planning around a hearing. The chancellor and 15th Chancery Court District practice control the setting, and the district's term order is posted in the chancery clerk's office (Miss. Code Ann. § 9-5-3(2); Miss. Const. art. 6, § 159).
How do I check a Lincoln County estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec. Remote access requires a PAMEC account and fees may apply. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours. The Lincoln County clerk's land records tool is for deeds and mortgages, not estate case access.
Do I have to travel to Brookhaven for a small Lincoln County estate?
Not if the estate fits Miss. Code Ann. § 91-7-322. After 30 days, if the entire probate estate is $75,000 or less, excluding liens and encumbrances, the successor presents the affidavit to the bank, employer, transfer agent, or other holder of personal property. If letters testamentary or letters of administration are needed, the estate settlement moves into chancery court and the fiduciary must retain an attorney under UCCR 6.02 (Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147; 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.