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Neshoba County, MS Probate Information
Quick facts
| Item | Neshoba County information |
|---|---|
| Court | Neshoba County Chancery Court (Miss. Const. art. 6, § 159) |
| Probate filings go to | Neshoba County Chancery Clerk, 401 East Beacon Street, Suite 107, Philadelphia, MS 39350 |
| Mailing address | 401 East Beacon Street, Suite 107, Philadelphia, MS 39350 |
| Phone | 601-656-3581 |
| Fax | 601-656-5915 |
| [email protected] | |
| Hours | The office does not list counter hours online. Call 601-656-3581 before visiting, especially near a filing deadline. |
| Chancery court district | Mississippi's 6th Chancery Court District, with Attala, Carroll, Choctaw, Kemper, Neshoba and Winston counties. A Neshoba County case is filed at this county's own courthouse in Philadelphia. |
| Filing fee | Under Miss. Code Ann. § 25-7-9, in the text effective until December 31, 2027, an estate filing includes $85.00 plus $10.00, $40.00 and $5.00 statutory assessments, making a $140.00 floor. Neshoba County does not list a county total online, so confirm the current amount with the chancery clerk. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney. 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. |
| Local forms | Neshoba County does not list a local probate form, small estate affidavit form or estate instruction sheet. Mississippi provides a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules. |
| E-filing | Attorneys file through Mississippi Electronic Courts. A nonlawyer party may have read-only PAMEC access but may not file electronically. Every estate opens with a paper filing at the chancery clerk's counter. See courts.ms.gov/mec. |
| Case search | Use MEC and PAMEC through courts.ms.gov/mec. Remote access requires a registered PAMEC account and fees may apply; free public viewing is available at the chancery clerk's office during business hours. |
| Remote appearance | Ask the Neshoba County Chancery Clerk. Whether phone or video attendance is allowed is set by the chancellor and district practice (Miss. Const. art. 6, § 159). |
| Website | https://www.neshobacounty.net/chancery-clerk |
Before you begin — know the assets and liabilities
Before you choose a filing path in Neshoba County, list the assets, debts, account holders, real property and whether there is an original will. That first inventory decides whether estate settlement can be handled outside court with a personal-property affidavit, by muniment of title for Mississippi real property, or through a full chancery court administration.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then helps organize what a Mississippi attorney and the Neshoba County Chancery Clerk will need for the filing.
Which court handles jurisdiction
File a Neshoba County estate with the Neshoba County Chancery Clerk at 401 East Beacon Street, Suite 107, Philadelphia. Chancery court is held in every Mississippi county, and Neshoba County uses its own courthouse filing counter (Miss. Code Ann. § 9-5-3(1)).
For a will, Mississippi venue is the chancery court of the county where the testator had a fixed place of residence (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration are granted by the chancery court of the county where the intestate had a fixed place of residence, with a different statutory ladder if there was no fixed place of residence (Miss. Code Ann. § 91-7-63). Neshoba County is part of Mississippi's 6th Chancery Court District for assignment of chancellors, but that district grouping does not move a Neshoba County filing out of Philadelphia.
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. § 91-7-63; Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147; Miss. Const. art. 6, § 159).
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of assets and debts, and the names and addresses of heirs, devisees and creditors. The original will is physically delivered to the chancery clerk and kept by the clerk under UCCR 9.03.
- Choose the Mississippi route. If the entire probate estate is personal property of $75,000 or less, effective July 1, 2020, 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 or other holder and is not filed in Philadelphia. 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, the attorney may prepare a muniment of title petition under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- For a full estate, retain an attorney before filing unless the fiduciary is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02 requires every fiduciary to retain an attorney during the appointment.
- 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, statewide Chancery Clerk Cover Sheet, original will if there is one, and court cost deposit with the Neshoba County Chancery Clerk at 401 East Beacon Street, Suite 107, Philadelphia. Under Miss. Code Ann. § 25-7-9, in the text effective until December 31, 2027, the statutory floor is $140.00, so call the clerk at 601-656-3581 for the current total before filing. UCCR 9.01 allows the clerk to require the cost deposit with the petition.
- The chancery court, or the chancery clerk between court terms subject to court approval, admits the will to probate in common form and grants letters testamentary, or grants letters of administration in an intestate estate. The clerk's 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).
- Complete the oath and any bond the court or clerk requires under Miss. Code Ann. § 91-7-41. Do not assume the bond question until the attorney has reviewed the will and the court's 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 the 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 the estate: collect assets, address debts and taxes, keep records, prepare required accountings, obtain any needed court orders for sale or distribution, and seek a final decree of distribution and discharge through counsel.
Forms and documents
Probate forms in Neshoba County
Mississippi provides a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, which set content requirements for fiduciary filings. It does not provide a state-level packet of completed estate petitions for families to fill in. In a full Neshoba County estate, the petition is drafted by the attorney required by UCCR 6.02.
Neshoba County does not list a local estate petition, local small estate affidavit form or local probate instruction sheet on its county site. Ask the Neshoba County Chancery Clerk whether the cover sheet, filing fee amount under Miss. Code Ann. § 25-7-9, and any local formatting practice have changed before you bring or mail the filing.
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including Neshoba County Chancery Court, were implemented in Mississippi Electronic Courts. The statewide trial-court rollout finished June 30, 2025. Attorneys use MEC, and case access information is at courts.ms.gov/mec. |
| July 1, 2020 | The small estate affidavit amount became $75,000, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, and the muniment of title procedure under Miss. Code Ann. § 91-5-35 was rewritten. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including rules used in estate settlement filings. |
| January 1, 2026 | Mississippi's two civil legal services providers moved to separate intake hotlines. Neshoba County's mapped provider is Mississippi Center for Legal Services at 1-800-519-2915, and statewide legal aid information is at mslegalservices.org. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Neshoba 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 of $75,000 or less, effective July 1, 2020, excluding liens and encumbrances, the affidavit under Miss. Code Ann. § 91-7-322 may settle the rest without a filing in Philadelphia. If a will devises the home 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 that ceiling. | Sunset identifies accounts, organizes the deed and asset picture, and helps the family decide what to take to a Mississippi attorney for estate settlement. |
| Out-of-state adult child with a small estate | If 30 days have passed and the whole probate estate is personal property of $75,000 or less, effective July 1, 2020, excluding liens and encumbrances, the Miss. Code Ann. § 91-7-322 affidavit is handed to the holder and is not filed with the Neshoba County Chancery Clerk. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02 and the estate opens with a paper filing in Philadelphia. | Sunset gathers account information, prepares an organized packet, and helps the out-of-state family coordinate with a local attorney without guessing which office to call. |
| Parent settling a predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit cannot transfer the house. If there is a will and all known debts are paid, the attorney may consider muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, full administration is filed with the Neshoba County Chancery Clerk. The chancellor fixes both the fiduciary's compensation and the attorney's fee under Miss. Code Ann. § 91-7-299, and fees may not be based on the value of real property under UCCR 6.12(B) (Miss. Const. art. 6, § 159). | Sunset helps find assets and liabilities, assemble the filing packet, and connect the family with a vetted Mississippi probate attorney for the sale and estate settlement. |
Self-help resources
| Resource | How it helps in Neshoba County | Contact |
|---|---|---|
| Neshoba County Chancery Clerk | Filing counter for Neshoba County estate petitions, local questions about paper filing, current cost deposit under Miss. Code Ann. § 25-7-9, copies, and scheduling questions for the chancellor's docket (Miss. Const. art. 6, § 159). | 401 East Beacon Street, Suite 107, Philadelphia, MS 39350. Phone 601-656-3581. Fax 601-656-5915. Email [email protected]. |
| Mississippi Judiciary chancery court information | State judiciary information about Mississippi chancery courts, including the statewide Chancery Clerk Cover Sheet link. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules that govern fiduciary filings, attorney retention under UCCR 6.02, sworn filings, accounts, and original wills. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Statewide court access route. Attorneys file through MEC; PAMEC gives read-only remote access to registered users, and free public viewing is available at the chancery clerk's office during business hours. | https://courts.ms.gov/mec. MEC Helpdesk: 601-576-4650, [email protected]. |
| mslegalservices.org | Statewide civil legal information site and directory by service area. Use it to check eligibility and provider assignment. Legal aid may not take estate administration matters. | https://www.mslegalservices.org/find-legal-help/directory/area |
| Mississippi Center for Legal Services | Neshoba County's mapped civil legal services provider, through the Meridian service area. Call to check eligibility before assuming help is available for an estate matter. | 1-800-519-2915 |
When to hire an attorney
In a Mississippi full estate, hiring counsel is a rule, not just a practical choice. 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 fee (Miss. Const. art. 6, § 159). The counterweight is the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322: it is presented to the property holder, is not a court filing, and needs no attorney. A Neshoba County family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 and mslegalservices.org, understanding that legal aid may not take estate administration matters. 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 to help identify bank accounts, investments, insurance and other assets that may affect the Neshoba County estate settlement path.
Generate the probate packet. Sunset organizes the information your Mississippi attorney needs for the petition, asset list, notices and supporting documents, including the original will and local filing details for the Neshoba County Chancery Clerk.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain an attorney for a full Mississippi estate, Sunset can connect the family with a vetted attorney who handles chancery court estate matters.
Sunset is free for families. Families can use Sunset to understand the estate settlement process, gather documents and prepare for the next step without paying Sunset a fee.
Frequently asked questions
Where do I file an estate case in Neshoba County?
File with the Neshoba County Chancery Clerk at 401 East Beacon Street, Suite 107, Philadelphia, MS 39350. A will is proved in the chancery court of the county where the testator had a fixed place of residence (Miss. Code Ann. § 91-7-1), and chancery court is held in every Mississippi county (Miss. Code Ann. § 9-5-3(1); Miss. Const. art. 6, § 159).
Should I call the chancery clerk or the circuit clerk in Neshoba County?
Call the Neshoba County Chancery Clerk at 601-656-3581 for estate filings. 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. § 91-7-63; Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147; Miss. Const. art. 6, § 159).
How much does it cost to open an estate in Neshoba County?
Neshoba County does not list a county total online. Under Miss. Code Ann. § 25-7-9, in the text effective until December 31, 2027, an estate filing includes $85.00 plus $10.00, $40.00 and $5.00 statutory assessments, making a $140.00 floor. Call the chancery clerk at 601-656-3581 to confirm the current amount before filing.
What are the Neshoba County Chancery Clerk's hours?
The office does not list counter hours online. Call 601-656-3581 before visiting the courthouse in Philadelphia, especially if you need to file before a deadline.
Do I need a lawyer for a Neshoba County estate?
For a full Mississippi estate, yes unless the fiduciary is licensed to practice law in Mississippi. UCCR 6.02 requires every fiduciary to retain an attorney. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is different because it is not a court filing and needs no attorney.
Can I file a Neshoba County estate electronically?
Attorneys file through Mississippi Electronic Courts after the case is opened, but every estate begins with a paper filing at the chancery clerk's counter. A nonlawyer party may have read-only PAMEC access but may not file electronically. See courts.ms.gov/mec.
How do I look up a Neshoba County chancery case?
Use MEC and PAMEC through courts.ms.gov/mec. Remote access requires a registered PAMEC account and fees may apply. Free public viewing of filed civil documents is available at the chancery clerk's office during business hours.
Does Neshoba County have local estate forms?
Neshoba County does not list a local estate petition, local small estate affidavit form or estate instruction sheet. Mississippi provides a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, and the attorney required by UCCR 6.02 prepares the petition for a full estate.
Will I have to travel to Philadelphia for a hearing?
Do not assume that travel is or is not required. Whether a phone or video appearance is allowed is set by the chancellor and the 6th Chancery Court District's practice (Miss. Const. art. 6, § 159). Ask the Neshoba County Chancery Clerk at 601-656-3581.
What should I send with a Neshoba County filing?
For a full estate, the attorney typically files the paper petition, statewide Chancery Clerk Cover Sheet, court cost deposit under Miss. Code Ann. § 25-7-9, and the original will if there is one. A petition to probate a will must attach a copy of the will as an exhibit under UCCR 6.15, and the original will stays with the clerk under UCCR 9.03.
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.