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Montgomery County, MS Probate Information
Quick facts
| Topic | Montgomery County details |
|---|---|
| Court | Montgomery County Chancery Court. Mississippi chancery courts have authority over matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Montgomery County Chancery Clerk, 614 Summit St., Winona, MS 38967. |
| Mailing address | P.O. Box 71, Winona, MS 38967. |
| Phone | 662-283-2333. |
| Fax | 662-283-2233. |
| Hours | Montgomery County does not post chancery clerk office hours on its county pages. Call before going to the courthouse, especially if you are bringing an original will or filing near the end of the day. |
| Filing fee | No Montgomery County chancery estate fee schedule is posted. The current Miss. Code Ann. § 25-7-9 text effective until December 31, 2027 sets an estate opening floor of $140.00, made up of $85.00 for the chancery clerk, $10.00 for the Comprehensive Electronic Court Systems Fund, $40.00 for the Judicial System Operation Fund and $5.00 for the Civil Legal Assistance Fund. Confirm the current total with the chancery clerk. |
| Local forms | Montgomery County's general forms page lists non-estate county forms only. Use the statewide Chancery Clerk Cover Sheet and the papers prepared for the estate by counsel. |
| E-filing | Attorneys file through Mississippi Electronic Courts, or MEC. A self-represented party may hold a read-only PAMEC account and may not file electronically. Each estate begins with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec/mec.php. |
| Case search | MEC and PAMEC are the statewide access points. Remote access requires a registered PAMEC account, and free viewing is available at the chancery clerk's office during regular business hours. See https://courts.ms.gov/mec/mec.php. |
| Remote appearance | Ask the Montgomery County Chancery Clerk and the assigned chancellor's office. Remote attendance depends on the chancellor and district practice, and the annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary such as an executor or administrator to retain an attorney unless the fiduciary is licensed to practice law in Mississippi. The $75,000 small estate affidavit, effective July 1, 2020, is handled outside court under Miss. Code Ann. § 91-7-322 and does not create a court-appointed fiduciary. |
| County website | https://montgomerycountyms.com/chancery-clerk |
Before you begin — know the assets and liabilities
Before you file anything in Winona, make a practical list of the accounts, real estate, vehicles, debts, tax notices, digital accounts and insurance proceeds connected to the person who died. Mississippi routes depend on what property exists, whether there is a will, whether a home needs title work, and whether the family needs letters from the Montgomery County Chancery Court.
Sunset's estate settlement tools help families search across more than 2,300 financial institutions, organize assets and liabilities, and decide whether the estate settlement can stay outside court through the Miss. Code Ann. § 91-7-322 affidavit or needs a Montgomery County filing with counsel.
Which court handles jurisdiction
File a Montgomery County estate at the Montgomery County Courthouse in Winona with the Montgomery County Chancery Clerk. Chancery court is held in each Mississippi county (Miss. Code Ann. § 9-5-3(1)), and Montgomery County is part of Mississippi's 3rd Chancery Court District, which groups chancellors for DeSoto, Grenada, Montgomery, Panola, Tate and Yalobusha counties. The district grouping does not send a Montgomery County estate to another county.
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 the will devises land, 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, beginning with the county where the intestate had a fixed place of residence, then land, then the county of death if there was no fixed place of residence and no land (Miss. Code Ann. § 91-7-63).
The jurisdiction process
- Collect the death certificate, the original will if there is one, a list of known assets and debts, and the names and addresses of interested family members.
- Choose the correct Mississippi route. If at least 30 days have passed and the whole probate estate is $75,000 or less in personal property, excluding liens and encumbrances, the small estate affidavit is presented to the bank, employer or other holder under Miss. Code Ann. § 91-7-322, effective July 1, 2020. If the person died with 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 amount, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, plan for 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 fiduciary 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 the fiduciary must be personally signed and sworn by the fiduciary (UCCR 6.14).
- File the paper petition with the Montgomery County Chancery Clerk in Winona, include the Chancery Clerk Cover Sheet, and pay the court cost deposit required by UCCR 9.01 and Miss. Code Ann. § 25-7-9. The original will stays safely with the clerk under UCCR 9.03.
- 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 when the statutory requirements are met (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147). A bond may be required under Miss. Code Ann. § 91-7-41.
- After appointment, the executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to known creditors, files the diligent-search affidavit, and then publishes the notice to creditors for three consecutive weeks as required by Miss. Code Ann. § 91-7-145.
- Creditors probate and register claims with the Montgomery County Chancery Clerk. Claims not registered within 90 days after the first publication are barred under Miss. Code Ann. § 91-7-151.
- Administer the estate by collecting assets, managing creditor issues, addressing taxes, and preparing any required accountings with counsel.
- Close the estate through the chancery court after the required administration work is complete and the chancellor enters the final decree of distribution and discharge.
Forms and documents
Probate forms in Montgomery County
Montgomery County does not post a local probate or estate form on its county forms page. That page lists birth certificate, disabled parking, homestead exemption, passport and voter registration forms, not estate filings.
For a Montgomery County estate filing, expect to use the Chancery Clerk Cover Sheet linked by the Mississippi Judiciary and attorney-prepared pleadings that satisfy the Uniform Chancery Court Rules. The petition is not a do-it-yourself packet in a full estate because Uniform Chancery Court Rule 6.02 requires a fiduciary to retain counsel unless the fiduciary is a Mississippi-licensed lawyer.
Recent updates
| Update | What it means in Montgomery County |
|---|---|
| MEC statewide completion | Mississippi announced statewide electronic filing completion on June 30, 2025, and all chancery courts had been implemented in MEC as of June 19, 2023. In Montgomery County, attorneys use MEC after the estate begins with a paper filing. See https://courts.ms.gov/mec/mec.php. |
| Small estate and muniment changes | The small estate affidavit amount is $75,000 under Miss. Code Ann. § 91-7-322, effective July 1, 2020, and the muniment of title procedure in Miss. Code Ann. § 91-5-35 was rewritten in the same 2020 act. |
| Uniform Chancery Court Rules | The Uniform Chancery Court Rules were revised and amended effective April 18, 2024, including the fiduciary rules that matter in estate cases. |
| Legal aid intake numbers | As of January 1, 2026, the two Mississippi civil legal aid providers use separate intake hotlines. Montgomery County is served by North Mississippi Rural Legal Services, 1-800-898-8731, and mslegalservices.org remains the statewide directory. |
Scenarios
| Situation | Likely Montgomery 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 estate is personal property within $75,000, effective July 1, 2020, the Miss. Code Ann. § 91-7-322 affidavit may settle those assets without a Montgomery County court filing. If a will devises the home and all known debts are paid, counsel may file muniment of title under Miss. Code Ann. § 91-5-35 with the Montgomery County Chancery Clerk. | Sunset helps identify accounts, debts and title questions so the estate settlement starts with the right route instead of an unnecessary filing. |
| 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 Miss. Code Ann. § 91-7-322 affidavit is presented to the holder, not to the courthouse. If letters are needed, the child must work through Mississippi counsel under UCCR 6.02 and file in Winona. | Sunset organizes the asset list, prepares information for counsel, and helps the family avoid travel when the non-court affidavit route fits. |
| Parent settling a predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit does not transfer the house. If there is a will and debts are paid, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, the parent likely needs full administration in the Montgomery County Chancery Court. The chancellor fixes fiduciary compensation and attorney fees under Miss. Code Ann. § 91-7-299, and fees may not be based on the value of real property under UCCR 6.12(B). | Sunset helps assemble the property, debt and family information needed for a sale-focused estate settlement and connects the family with Mississippi probate counsel. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montgomery County Chancery Clerk | Receives Montgomery County estate filings, keeps the original will, and provides filing logistics. The clerk cannot give legal advice. | 614 Summit St., Winona, MS 38967. Mailing: P.O. Box 71, Winona, MS 38967. Phone 662-283-2333. Fax 662-283-2233. Website: https://montgomerycountyms.com/chancery-clerk. |
| Mississippi Judiciary chancery court page | Lists chancery courts and links the Chancery Clerk Cover Sheet used with filings. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| MEC and PAMEC | Attorneys file through MEC, public users can use read-only PAMEC access, and free viewing is available at the clerk's office during business hours. | https://courts.ms.gov/mec/mec.php |
| mslegalservices.org | Public legal information site maintained by Mississippi's civil legal aid providers, with a directory searchable by service area. | https://www.mslegalservices.org/find-legal-help/directory/area |
| North Mississippi Rural Legal Services | Serves Montgomery County through the West Point office. Check eligibility first, because estate administration may not be a service the organization accepts. | Intake hotline 1-800-898-8731, Monday through Thursday, 9:30 am to 3:30 pm. West Point office phone 662-494-6122. |
When to hire an attorney
In a Mississippi full estate, counsel is a rule, not just a preference. Uniform Chancery Court Rule 6.02(A) requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or firm of attorneys for the entire term of the fiduciary appointment, and the chancellor fixes compensation. The counterweight is the $75,000 small estate affidavit, effective July 1, 2020, which is presented outside court under Miss. Code Ann. § 91-7-322 and does not create a fiduciary appointment. A Montgomery County family that cannot afford counsel should check eligibility with North Mississippi Rural Legal Services at 1-800-898-8731 and mslegalservices.org, understanding that estate administration may not be accepted. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families build the inventory needed for a Montgomery County estate settlement.
Generate the probate packet. Sunset turns the family's information into an organized packet for the attorney, including assets, debts, people involved, and questions to resolve before filing with the Montgomery County Chancery Clerk.
Find a local probate attorney. Mississippi full estates require counsel for the fiduciary under UCCR 6.02, so Sunset helps connect families with a vetted attorney who can file in the Montgomery County Chancery Court.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, and attorney engagement is handled separately with the lawyer the family chooses.
Frequently asked questions
Where do I file probate in Montgomery County, Mississippi?
File at the Montgomery County Chancery Clerk's office, 614 Summit St., Winona, MS 38967. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159), and venue for a will starts with the county where the testator had a fixed place of residence (Miss. Code Ann. § 91-7-1).
Does Montgomery County have its own probate forms?
Montgomery County does not post a local estate form on its county forms page. Use the Chancery Clerk Cover Sheet and attorney-prepared estate pleadings that meet the Uniform Chancery Court Rules.
Can I file a Montgomery County estate electronically?
A Mississippi attorney files through MEC after the case is opened, but the estate begins with a paper filing at the Montgomery County Chancery Clerk's counter. A self-represented party may have read-only PAMEC access and may not file electronically. See https://courts.ms.gov/mec/mec.php.
What is the filing fee for a Montgomery County estate?
Montgomery County does not post a chancery estate fee schedule. The current Miss. Code Ann. § 25-7-9 text effective until December 31, 2027 sets the estate opening floor at $140.00, including $85.00, $10.00, $40.00 and $5.00 statutory components. Call the chancery clerk at 662-283-2333 to confirm the current total before filing.
Can I use the small estate affidavit in Montgomery County?
If at least 30 days have passed and the whole probate estate is $75,000 or less in personal property, excluding liens and encumbrances, the small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, is presented to the property holder. It is not a Montgomery County court filing.
How do I look up a Montgomery County chancery estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote access requires a registered PAMEC account, while free viewing is available at the Montgomery County Chancery Clerk's office during regular business hours.
Are remote appearances allowed for Montgomery County estate matters?
Ask the Montgomery County Chancery Clerk and the assigned chancellor's office. Remote appearance practice depends on the chancellor and the district's procedures, and the annual chancery term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2).
Does a Montgomery County executor have to hire a lawyer?
Yes, for a full estate unless the fiduciary is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02 requires the executor or administrator to retain an attorney during the fiduciary appointment. The Miss. Code Ann. § 91-7-322 affidavit is different because it is not a court appointment.
Will I have to travel to Winona?
If the Miss. Code Ann. § 91-7-322 small estate affidavit fits, the affidavit is presented to the bank, employer or other holder and no Montgomery County filing is made. If letters testamentary or letters of administration are needed, the estate is filed in Winona, and your Mississippi attorney can help you ask about signing, filing and appearance logistics under Miss. Code Ann. §§ 9-5-141 and 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.