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Monroe County, MS Probate Information
Quick facts
| Topic | Monroe County information |
|---|---|
| Court | Monroe County Chancery Court. Mississippi chancery courts have jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Monroe County Chancery Clerk, 662-369-8143. |
| Courthouse address | 201 W Commerce St, Aberdeen, MS 39730. |
| Mailing address | Use the courthouse address unless the chancery clerk gives a different mailing address. |
| Hours | Call the chancery clerk before visiting to confirm current hours, filing cutoffs, and whether the original will should be brought to the counter that day. |
| Chancery court district | Mississippi's 1st Chancery Court District: Alcorn, Itawamba, Lee, Monroe, Pontotoc, Prentiss, Tishomingo, and Union. The district assigns chancellors; Monroe County cases are filed in Aberdeen. |
| Filing fee | No Monroe County total is listed here. As the statutory starting point, Miss. Code Ann. § 25-7-9, text effective until December 31, 2027, sets an estate opening fee floor of $140.00: $85.00 for an estate of deceased, plus $10.00, $40.00, and $5.00 in statutory assessments. Confirm the current total with the chancery clerk. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires an executor or administrator, unless licensed to practice law in Mississippi, to retain an attorney for the entire term of the fiduciary's appointment. The $75,000 small estate affidavit, effective July 1, 2020, is a different route under Miss. Code Ann. § 91-7-322 and needs no court filing and no attorney. |
| Local forms | The Monroe County chancery clerk page lists the office's duties but does not list a local probate form or local small estate affidavit. Use the statewide Chancery Clerk Cover Sheet and confirm the packet with the clerk. |
| E-filing | Attorneys file through Mississippi Electronic Courts, MEC. A self-represented party may have read-only PAMEC access but may not file electronically, and every estate starts with a paper filing at the chancery clerk's counter. MEC information: https://courts.ms.gov/mec/mec.php. |
| Case search | PAMEC is the public access side of MEC. Remote access requires a registered account and fees may apply; free viewing is available at the chancery clerk's office during regular business hours. Start at https://courts.ms.gov/mec/mec.php. |
| Remote appearance | Ask the chancery clerk and the assigned attorney. The 1st Chancery Court District's annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Website | Monroe County Chancery Clerk |
Before you begin — know the assets and liabilities
Before you file anything in Monroe County, make a practical list of the assets, debts, beneficiaries, and whether there is an original will. The right estate settlement path depends on what is in the probate estate, whether the estate needs letters, whether there is Mississippi real property, and whether the family can use a non-court affidavit route.
Sunset can help you look before you file. Sunset's 2,300-institution asset discovery helps families find accounts, insurance, and other assets so the attorney can choose the right Monroe County estate settlement path.
Which court handles jurisdiction
Probate for Monroe County is filed at the Monroe County Chancery Court in Aberdeen with the Monroe 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, letters of administration follow a different county ladder: fixed place of residence, then land, then the county where the person died (Miss. Code Ann. § 91-7-63). Mississippi law provides that chancery court is held in each county (Miss. Code Ann. § 9-5-3(1)), so Monroe County filings stay at the Monroe County courthouse even though Monroe is part of the 1st Chancery Court District.
The jurisdiction process
- Gather the death certificate, the original will if there is one, the asset list, the debt list, beneficiary contact information, and any deed or account documents that show how property is titled.
- Choose the route before preparing a petition. If the entire probate estate is $75,000 or less, excluding liens and encumbrances, and 30 days have passed, the small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the bank, employer, transfer agent, or other holder and is not filed with a 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 Miss. Code Ann. § 91-7-322 sum, an attorney may use muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, expect a full Monroe County administration.
- Retain an attorney for a full estate. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or firm of attorneys during the entire 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 are personally signed and sworn by the fiduciary (UCCR 6.14).
- File on paper at the Monroe County Chancery Clerk's counter in Aberdeen with the Chancery Clerk Cover Sheet and the court cost deposit. Miss. Code Ann. § 25-7-9, text effective until December 31, 2027, sets the estate opening fee floor at $140.00, made up of $85.00 plus $10.00, $40.00, and $5.00 statutory assessments. The clerk may require a cost deposit with the petition under UCCR 9.01.
- Leave the original will with the clerk when a will is being offered. UCCR 9.03 requires the clerk to keep original wills safely in the clerk's office unless the chancellor orders otherwise.
- The chancery court, or the chancery clerk in vacation, meaning between terms of court, may admit the will in common form and grant letters testamentary or letters of administration. The clerk's action is subject to court approval and is not final until approved by the court (Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147).
- After letters are granted, handle any bond required by the court or clerk under Miss. Code Ann. § 91-7-41. Do not assume a bond rule until the attorney and clerk review the will and court requirements.
- The executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to known creditors, 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 clerk. Claims not registered within 90 days after the first publication are barred under Miss. Code Ann. § 91-7-151.
- Administer the estate, pay allowed claims and taxes, sell or transfer property only with the required authority, prepare accountings, and seek the final decree of distribution and discharge through the chancery court.
Forms and documents
Probate forms in Monroe County
The Mississippi Judiciary provides a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules set content requirements, but the petition itself is drafted by the attorney required for a full estate under UCCR 6.02. The Monroe County chancery clerk page does not list a local probate form packet or a local small estate affidavit.
For Monroe County, call the chancery clerk before filing to confirm the current cover sheet practice, the filing fee total under Miss. Code Ann. § 25-7-9, and how the office wants the original will delivered.
Recent updates
| Change | What it means for Monroe County |
|---|---|
| MEC completion | Mississippi completed statewide electronic filing and case management on June 30, 2025, and all chancery courts have been on MEC since June 19, 2023. Attorneys use MEC, while estates still begin with a paper filing at the chancery clerk's counter. MEC information: https://courts.ms.gov/mec/mec.php. |
| Small estate and muniment changes | The small estate affidavit amount became $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 fiduciary practice rules such as UCCR 6.02. |
| Legal aid intake numbers | North Mississippi Rural Legal Services and Mississippi Center for Legal Services use separate intake numbers starting January 1, 2026. Monroe County is not named on either provider's office list, so use the mslegalservices.org service-area directory and both hotlines. |
Scenarios
| Persona | Likely Monroe 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 estate is $75,000 or less, excluding liens and encumbrances, the spouse may be able to use the small estate affidavit under Miss. Code Ann. § 91-7-322 after 30 days. If a will devises Mississippi real property and all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be the court route, and the house itself does not count against the ceiling. | Sunset identifies accounts and property, organizes the deed and will information, and helps decide what to bring to a Mississippi attorney for estate settlement. |
| 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, the affidavit under Miss. Code Ann. § 91-7-322 is presented to the holder of the property and is not filed in Monroe County. If letters are needed, the child must work through a Mississippi attorney under UCCR 6.02 and should ask the clerk and attorney about any remote attendance option. | Sunset helps locate accounts, prepare an asset list, and connect the child with a vetted Mississippi probate attorney when letters are needed. |
| Parent settling predeceased child's estate, home must be sold | The small estate affidavit under Miss. Code Ann. § 91-7-322 cannot transfer the house. If there is a will, muniment of title under Miss. Code Ann. § 91-5-35 may work only if the statutory requirements are met and all known debts are paid. Otherwise, the parent should expect a full Monroe County administration 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)). | Sunset builds the asset picture, generates a probate packet for attorney review, and helps the family move from account discovery to court filings. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Monroe County Chancery Clerk | Local filing counter for Monroe County estate papers, cover sheet practice, current filing fee total, and access to case records at the clerk's office. The clerk cannot give legal advice. | 662-369-8143; Monroe County Chancery Clerk |
| Mississippi Judiciary Chancery Court page | State chancery court information and the statewide Chancery Clerk Cover Sheet link. | courts.ms.gov chancery court page |
| Uniform Chancery Court Rules | Rules for fiduciary matters, petitions, sworn filings, accountings, attorney retention, and original wills. | Uniform Chancery Court Rules |
| MEC and PAMEC | Attorneys use MEC for electronic filings after the paper case opening. PAMEC gives registered read-only remote access, and free viewing is available at the chancery clerk's office during regular business hours. | https://courts.ms.gov/mec/mec.php |
| mslegalservices.org directory | Use the service-area lookup because Monroe County is not named on either provider's office list. Legal aid may not take estate matters, but the directory is the place to check eligibility. | mslegalservices.org/find-legal-help/directory/area |
| North Mississippi Rural Legal Services | Check eligibility for civil legal help. Monroe County is not assigned on the provider office pages, so use this hotline along with the MCLSC hotline. | 1-800-898-8731; call center hours Monday through Thursday, 9:30 a.m. to 3:30 p.m. |
| Mississippi Center for Legal Services | Check eligibility for civil legal help. Monroe County is not assigned on the provider office pages, so use this hotline along with the NMRLS hotline. | 1-800-519-2915 |
When to hire an attorney
In a Mississippi full estate, 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 compensation. The counterweight is the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, which is not a court filing and needs no attorney. A family that cannot afford counsel should check the mslegalservices.org directory and both provider hotlines, recognizing that legal aid may not take estate matters. Sunset connects families with 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 2,300 institutions to help identify bank accounts, investment accounts, insurance, and other assets that can change the Monroe County estate settlement path.
Generate the probate packet. Sunset organizes the family information, asset list, debts, contacts, and documents so the Mississippi attorney can prepare the Monroe County chancery filing or confirm that a non-court affidavit route fits.
Find a local probate attorney. Because UCCR 6.02 requires an executor or administrator to retain an attorney for a full estate, Sunset helps connect families with a vetted Mississippi probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement tasks, collect documents, and move from uncertainty to a clear next step without paying Sunset.
Frequently asked questions
Where do I file probate for Monroe County, Mississippi?
File a full estate with the Monroe County Chancery Clerk at the Monroe County Chancery Court in Aberdeen. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). For a will, venue follows the decedent's fixed place of residence under Miss. Code Ann. § 91-7-1; for an intestate estate, the letters of administration statute has its own county ladder under Miss. Code Ann. § 91-7-63.
Which clerk handles Monroe County probate?
Use the Monroe County Chancery Clerk, not the circuit 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).
Can I e-file a Monroe County estate case?
An attorney uses MEC after the case is opened, but every estate starts 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. Start at https://courts.ms.gov/mec/mec.php.
How much is the Monroe County probate filing fee?
Confirm the current Monroe County total with the chancery clerk. Miss. Code Ann. § 25-7-9, text effective until December 31, 2027, sets the estate opening fee floor at $140.00, consisting of $85.00 plus $10.00, $40.00, and $5.00 statutory assessments, and local totals can be higher.
Does Monroe County have local probate forms?
The Monroe County chancery clerk page does not list a local probate form packet or a local small estate affidavit. Use the statewide Chancery Clerk Cover Sheet and have the attorney prepare the petition required for a full estate under UCCR 6.02.
Can I look up a Monroe County estate case online?
PAMEC is the public access side of MEC. Remote access requires registration and fees may apply, while free viewing is available at the chancery clerk's office during regular business hours. Start at https://courts.ms.gov/mec/mec.php.
Can I attend a Monroe County chancery hearing by phone or video?
Ask the chancery clerk and the assigned attorney before making travel plans. Remote attendance depends on the chancellor and district practice, and the 1st Chancery Court District term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2).
Do I have to travel to Aberdeen for a small estate affidavit?
If the requirements are met, the small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the holder of the property after 30 days and is not filed at the courthouse. It applies only to qualifying personal property and to an entire probate estate of $75,000 or less, excluding liens and encumbrances, effective July 1, 2020.
Who issues letters testamentary or letters of administration in Monroe County?
The chancery court grants letters. In Mississippi, the chancery clerk may take proof of a will, admit it in common form, and grant letters in vacation, meaning between terms of court, but the clerk's act is subject to court approval and is not final until the court approves it (Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147).
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.