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Newton County, MS Probate Information
Quick facts
| Item | Newton County details |
|---|---|
| Court | Newton County Chancery Court (Miss. Const. art. 6, § 159) |
| Probate filings go to | Newton County Chancery Clerk |
| Courthouse address | 92 West Broad Street, Decatur, MS 39327 |
| Mailing address | P.O. Box 68, Decatur, MS 39327 |
| Phone | 601-635-2367. The Newton County chancery clerk page also lists 601-635-3370. |
| Fax | 601-635-3479 |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m. No midday closure or filing cutoff is posted on the Newton County chancery clerk page. |
| Filing fee | Newton County does not post an itemized estate fee on its chancery clerk page. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the opening estate charge includes $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 statutory assessments, for a $140.00 statutory floor. Ask the chancery clerk for the current local total and any service or publication deposits. |
| 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 appointment. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 needs no court filing and no attorney. |
| E-filing | Attorneys file through MEC. A self-represented party may hold read-only PAMEC access but may not file electronically, and every estate case is opened with a paper filing at the chancery clerk's counter. See courts.ms.gov/mec. |
| Case search | MEC and PAMEC are the access points. Remote PAMEC access requires a registered account and applicable fees; free viewing is available at the chancery clerk's office during regular business hours. See courts.ms.gov/mec. |
| Local forms | The Mississippi Judiciary provides a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules. Newton County does not post a local estate packet or small estate affidavit on its chancery clerk page. |
| Remote appearance | Ask the Newton County Chancery Clerk how the chancellor handles phone or video appearances. The district's annual term order is the local place to check scheduling practice. |
| Website | https://www.newtoncountyms.net/chancery-clerk/ |
Before you begin — know the assets and liabilities
Before you file anything in Newton County, make a list of the estate's assets, debts, likely heirs and any accounts that may pass outside court. Estate settlement moves faster when you know whether the family needs full administration, muniment of title, or only a small estate affidavit under Miss. Code Ann. § 91-7-322.
Sunset's asset discovery searches more than 2,300 institutions so families can find accounts, insurance, retirement assets and other property before choosing a Newton County estate settlement path.
Which court handles jurisdiction
Probate for Newton County is filed at the Newton County courthouse in Decatur with the Newton County Chancery Clerk. Newton County is in Mississippi's 2nd Chancery Court District with Jasper and Scott counties, which is how chancellors are assigned; the case is filed at this county's own courthouse. Chancery court is held in each county (Miss. Code Ann. § 9-5-3(1)), and matters testamentary and of administration belong in chancery court (Miss. Const. art. 6, § 159).
For a will, venue is the chancery court of the county where the testator had a fixed place of residence, with a land-based rule if there was no fixed place of residence (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration follow a different venue ladder based on fixed place of residence, land ownership, and then the county where the person died (Miss. Code Ann. § 91-7-63). In Newton County, do not confuse the county seat of Decatur with the separate town of Newton.
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of known assets and liabilities, and contact information for heirs and beneficiaries. The original will is important because original wills filed with the clerk are kept in the clerk's custody under UCCR 9.03.
- Choose the right Mississippi path. If the whole probate estate is $75,000 or less excluding liens and encumbrances, effective July 1, 2020, 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 of personal property rather than filed at the courthouse. 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 consider muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- For a full Newton County 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 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 opening documents at the Newton County Chancery Clerk's counter at 92 West Broad Street in Decatur, with the Chancery Clerk Cover Sheet and the cost deposit. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor includes $85.00, $10.00, $40.00 and $5.00, and UCCR 9.01 allows the clerk to require a cost deposit with the petition.
- The chancery court, or the chancery clerk in vacation, meaning between terms of court, subject to court approval, may admit the will to probate in common form and grant letters testamentary or letters of administration. The clerk's acts are not final until approved by the court (Miss. Code Ann. §§ 9-5-141, 9-5-147; Miss. Code Ann. §§ 91-7-1, 91-7-63).
- Handle any oath and bond requirement set by the court or clerk under Miss. Code Ann. § 91-7-41.
- After letters are granted, the executor or administrator makes reasonably diligent efforts to identify creditors, mails required notices, files the diligent-search affidavit, and then publishes 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, pay allowed debts and taxes, sell or transfer property as authorized, account to the chancery court, and seek a final decree of distribution and discharge when the estate is ready to close.
Forms and documents
Probate forms in Newton County
The Mississippi Judiciary provides a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, which set filing content and fiduciary requirements. It does not provide a statewide estate packet. In a full Newton County estate, the petition is drafted by the attorney required by UCCR 6.02.
Newton County's chancery clerk page does not post a local estate packet, local probate instruction sheet, or local small estate affidavit. Ask the Newton County Chancery Clerk whether any cover sheet, payment instruction, or local formatting requirement has changed before the attorney files the paper opening documents.
Local nuance
Newton County-specific considerations
| Local point | What to do |
|---|---|
| Decatur is the filing city | File Newton County estate papers with the Newton County Chancery Clerk in Decatur. The town of Newton is in Newton County, but it is not the county seat and is not the chancery clerk filing location. |
| Use the West Broad Street address | The Newton County chancery clerk page lists the office at 92 West Broad Street, Decatur, MS 39327, with mailing to P.O. Box 68, Decatur, MS 39327. |
| Use the chancery clerk, not the circuit clerk | Newton County has separate chancery and circuit clerk offices. Mississippi circuit courts do not take estate filings; a will is proved and letters are granted in the chancery court (Miss. Const. art. 6, § 159; Miss. Code Ann. §§ 91-7-1, 91-7-63). |
Recent updates
| Date | Change |
|---|---|
| June 30, 2025 | The Mississippi Judiciary announced completion of statewide electronic filing and case management. All chancery courts had already been implemented into MEC as of June 19, 2023. Attorneys use MEC, and public access runs through PAMEC at courts.ms.gov/mec. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including fiduciary practice rules that affect estates. |
| January 1, 2026 | North Mississippi Rural Legal Services, 1-800-898-8731, and Mississippi Center for Legal Services, 1-800-519-2915, began using separate intake hotline numbers. Newton County is listed with Mississippi Center for Legal Services through mslegalservices.org. |
| July 1, 2020 | Mississippi Senate Bill 2850 changed the small estate affidavit amount to $75,000 under Miss. Code Ann. § 91-7-322 and rewrote muniment of title under Miss. Code Ann. § 91-5-35. |
Scenarios
| Situation | Likely Newton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the home is titled. If the home passes outside the estate and the remaining probate personal property fits the $75,000 amount effective July 1, 2020, under Miss. Code Ann. § 91-7-322, the small estate affidavit may settle the rest without a court filing. If there is a will devising the home and all known debts are paid, ask the attorney about muniment of title under Miss. Code Ann. § 91-5-35. | Sunset helps find accounts, organize title and beneficiary information, and prepare questions for a Newton County attorney. |
| Out-of-state adult child with a small estate | If 30 days have passed and the entire probate estate is $75,000 or less excluding liens and encumbrances, effective July 1, 2020, the Miss. Code Ann. § 91-7-322 affidavit is presented to the holder of personal property. If letters are needed, the child must work with a Mississippi attorney under UCCR 6.02 and should ask the Newton County Chancery Clerk how the chancellor handles appearances. | Sunset helps determine whether letters are actually needed, finds financial institutions, and connects the family with a local probate attorney. |
| Parent settling predeceased child's estate, home must be sold | The small estate affidavit under Miss. Code Ann. § 91-7-322 does not transfer a house. If there is a will and the debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be considered. Otherwise, the estate usually needs full administration in Newton County Chancery Court with counsel required by UCCR 6.02. 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 organizes the asset picture, builds the probate packet, and helps the parent find a Mississippi probate attorney for the Decatur filing. |
Self-help resources
| Resource | How it helps Newton County families |
|---|---|
| Newton County Chancery Clerk | Use the clerk for filing logistics, current cost deposits, copy requests, office hours, and scheduling questions. The office is at 92 West Broad Street, Decatur, MS 39327; phone 601-635-2367; fax 601-635-3479. |
| Mississippi Center for Legal Services, Meridian office | Newton County is listed with the Meridian office service area. Call 1-800-519-2915 or use mslegalservices.org to check eligibility. The organization may not take estate matters, so ask about the specific problem before relying on representation. |
| mslegalservices.org | The statewide public legal-information site maintained by Mississippi's two civil legal services providers includes legal topics, online legal forms, and a directory-by-service-area lookup. |
| Mississippi Judiciary Chancery Court page | Provides chancery court information and the statewide Chancery Clerk Cover Sheet link. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Uniform Chancery Court Rules | Use the rules to understand fiduciary signatures, sworn filings, attorney retention under UCCR 6.02, accounts, and original will handling. |
| MEC and PAMEC | Use courts.ms.gov/mec for Mississippi Electronic Courts information. Attorneys file through MEC, remote PAMEC viewing requires an account, and free electronic viewing is available at the chancery clerk's office during regular business hours. |
When to hire an attorney
In a full Mississippi 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 or law firm for representation, advice and assistance during the entire appointment, and the chancellor fixes the attorney's compensation. The practical exception for many families is the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, because it is not a court filing and appoints no fiduciary. If paying for counsel is the barrier, Newton County families should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 through mslegalservices.org, while understanding that it may not take estate matters. Sunset connects families with a vetted local probate attorney, which in Mississippi is the step the rules require for a full estate.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify bank accounts, retirement assets, life insurance, investment accounts and other property before choosing a Newton County estate settlement path.
Generate the probate packet. Sunset organizes the family information, asset list, liabilities and document checklist your attorney needs to prepare a Newton County chancery filing or to decide whether a small estate affidavit or muniment of title fits.
Find a local probate attorney. Because UCCR 6.02 requires an executor or administrator to retain counsel for a full Mississippi estate, Sunset helps connect families with a vetted attorney who understands Newton County chancery practice.
Sunset is free for families. Sunset gives families a structured estate settlement plan, document organization, asset discovery and attorney connections without charging families for the service.
Frequently asked questions
Where do I file a Newton County estate case?
File with the Newton County Chancery Clerk at 92 West Broad Street in Decatur. Newton County is in Mississippi's 2nd Chancery Court District, but the case is filed at the Newton County courthouse. Chancery court handles matters testamentary and of administration (Miss. Const. art. 6, § 159).
Is the town of Newton the filing location?
No. The town of Newton is in Newton County, but the county seat and the chancery clerk filing location are in Decatur. Use the Decatur address for Newton County estate filings.
Can I e-file a Newton County estate case?
Attorneys file through MEC after registration. A self-represented party may have read-only PAMEC access but may not file electronically, and an estate case begins with a paper filing at the chancery clerk's counter. See courts.ms.gov/mec.
How do I look up a Newton County chancery estate case?
Use MEC and PAMEC through courts.ms.gov/mec for remote access with a registered account and applicable fees. Free electronic viewing is available at the Newton County Chancery Clerk's office during regular business hours.
Does Newton County post local probate forms?
The Newton County chancery clerk page does not post a local estate packet or small estate affidavit. Mississippi provides a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, and a full estate petition is prepared by the attorney required under UCCR 6.02.
What is the Newton County filing fee for an estate?
Newton County does not post an itemized estate fee on its chancery clerk page. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor includes $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 statutory assessments, for $140.00 before any local total, service deposit, publication cost or copy charge. Call the chancery clerk for the current amount.
Can I attend a Newton County chancery hearing by phone or video?
Ask the Newton County Chancery Clerk before the hearing is set. Remote appearance depends on the chancellor and local practice, and the district's annual term order is posted through the chancery clerk's office.
Do I need an attorney for probate in Newton County?
For a full estate, yes, unless the executor or administrator is licensed to practice law in Mississippi. UCCR 6.02 requires a fiduciary to retain an attorney for the entire appointment. The $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is different because it is presented to the property holder, not filed in court, and it appoints no fiduciary.
Can Newton County handle a small estate without opening a case?
If the entire probate estate is $75,000 or less excluding liens and encumbrances, effective July 1, 2020, and 30 days have passed, Miss. Code Ann. § 91-7-322 allows a successor to present an affidavit to the bank, employer, transfer agent or other holder of personal property. The affidavit does not transfer real property and is not filed with the chancery clerk.
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.