Back to Mississippi
Perry County, MS Probate Information
Quick facts
| Item | Perry County information |
|---|---|
| Court | Perry County Chancery Court, serving Perry County under Miss. Const. art. 6, § 159. |
| Probate filings go to | Perry County Chancery Clerk, 103 South Main Street, New Augusta, MS 39462. |
| Mailing address | P.O. Box 198, New Augusta, MS 39462. |
| Phone | 601-964-8398. |
| Hours | The chancery clerk page does not list public counter hours, lunch closures or a filing cutoff. Call 601-964-8398 before you go. |
| Filing fee | Perry County's published chancery civil case schedule, effective January 1, 2020, lists Estate, Testate or Intestate at $158.00 and Estate, Muniment of Title Only at $148.00. Miss. Code Ann. § 25-7-9 sets the clerk's estate filing floor at $85.00 plus $10.00, $40.00 and $5.00 statutory assessments, so confirm the current total with the chancery clerk before filing. |
| Payment | The Perry County Chancery Clerk page states that card payments are not accepted and lists cash, check and money order payments only. |
| Local forms | No Perry County estate form or small estate affidavit form is posted on the chancery clerk page. Use the statewide chancery clerk cover sheet and the petition prepared for the estate. |
| E-filing | Attorneys file through Mississippi Electronic Courts, MEC. A person without attorney filing access may have read-only PAMEC access, and an estate case starts with a paper filing at the chancery clerk's counter. MEC information is at https://courts.ms.gov/mec/mec.php. |
| Case search | PAMEC provides remote read-only access for registered users through https://courts.ms.gov/mec/mec.php. Free viewing is available at the chancery clerk's office during regular business hours when access is not limited by court order. |
| Remote appearance | Ask the Perry County Chancery Clerk whether the chancellor will allow phone or video attendance in your matter. District term scheduling is handled through the chancery term order posted 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 that fiduciary is licensed to practice law in Mississippi. The $75,000 small estate affidavit route, effective July 1, 2020, is a separate no court filing path under Miss. Code Ann. § 91-7-322. |
| Website | https://perrycountyms.gov/chancery-clerk/ |
Before you begin — know the assets and liabilities
Before you decide what to file in Perry County, list the assets, debts, account holders, real estate and beneficiary designations. Mississippi estate settlement depends on whether the family needs letters testamentary or letters of administration, whether the original will exists, and whether any property can pass outside the chancery case.
Sunset's asset discovery searches more than 2,300 institutions to help families find accounts before they choose the Perry County path. That early inventory makes the estate settlement plan clearer for the attorney, the chancery clerk and the family.
Which court handles jurisdiction
Probate for Perry County is filed at the Perry County Courthouse in New Augusta with the Perry County Chancery Clerk. Perry County is in Mississippi's 10th Chancery Court District, which groups chancellors for Forrest, Lamar, Marion, Pearl River and Perry Counties, but the case is filed at Perry County's own courthouse. Mississippi law requires a chancery court to be held in each county (Miss. Code Ann. § 9-5-3(1)).
For a will, venue is the chancery court of the county where the testator had a fixed place of residence, or where Mississippi land is located if there was no fixed place of residence and land is devised in the will (Miss. Code Ann. § 91-7-1). For an intestate estate, the letters of administration ladder is different and starts with the county where the decedent had a fixed place of residence (Miss. Code Ann. § 91-7-63).
The jurisdiction process
- Gather the death certificate, the original will if one exists, a list of assets and debts, and any documents showing how accounts or real estate are titled.
- Choose the route. If the entire probate estate is $75,000 or less excluding liens and encumbrances, 30 days have passed, and only personal property is involved, a successor may present a small estate affidavit to the holder of the property under Miss. Code Ann. § 91-7-322. If there is a will and Mississippi real property, muniment of title may fit when the requirements of Miss. Code Ann. § 91-5-35 are met. Otherwise, the estate usually needs full administration.
- For a full estate in chancery court, 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 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 fiduciary pleadings must be personally signed and sworn as required by UCCR 6.14.
- File the paper opening packet with the Perry County Chancery Clerk at 103 South Main Street in New Augusta, using the statewide chancery clerk cover sheet and 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, may admit a will 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. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147).
- Provide any oath and bond the court or clerk requires under Miss. Code Ann. § 91-7-41.
- 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 must have claims probated and registered with the clerk within 90 days after the first publication, or the claims are barred under Miss. Code Ann. § 91-7-151.
- Administer the estate, address debts and taxes, prepare any required accounting, and seek a final decree of distribution and discharge when the estate is ready to close.
Forms and documents
Probate forms in Perry County
Mississippi uses the chancery court system for estate filings, and the Mississippi Judiciary links a statewide chancery clerk cover sheet. Mississippi does not provide a single estate petition packet for families to fill in. In a Perry County full estate, the attorney required by UCCR 6.02 prepares the petition and related filings.
The Perry County Chancery Clerk page does not post a Perry County estate form, small estate affidavit form or estate instruction sheet. It does state that the clerk cannot answer questions about document guidelines or legal matters, so legal questions should go to the attorney handling the estate.
Fees
Perry County publishes a dated chancery civil case filing schedule. Effective January 1, 2020, the schedule lists Estate, Testate or Intestate at $158.00, Accounting Probate at $158.00, Heirship at $158.00, Will Contest at $158.00, and Estate, Muniment of Title Only at $148.00. Miss. Code Ann. § 25-7-9 sets the clerk's estate filing floor at $85.00 plus $10.00, $40.00 and $5.00 statutory assessments.
Perry County's effective January 1, 2020 schedule breaks the $158.00 estate total into an $85.00 base fee, $57.50 in listed mandated fees, a $10.00 court reporter fee, and $5.50 in listed optional board-approved fees. Treat the posted schedule as Perry County's local schedule and call the chancery clerk at 601-964-8398 to confirm the current amount, accepted payment method and any publication or service costs before filing. Under Miss. Code Ann. § 25-7-9(4), actual service and publication costs may be demanded at filing when the filing party asks the clerk to pay those charges.
Local nuance
Perry County-specific considerations
| Local point | What to do |
|---|---|
| Payment method | The Perry County Chancery Clerk page states that card payments are not accepted and lists cash, check and money order payments only. Bring an accepted payment method for the court cost deposit under Miss. Code Ann. § 25-7-9. |
| Clerk cannot advise on documents | The clerk page says the office cannot answer questions about document guidelines or legal matters. For a full estate, work through the attorney required by UCCR 6.02. |
| Wills on file | The clerk page explains that last wills and testaments appear in the office records only if they have been filed in the probate of an estate. If you are searching for a will, ask whether any Perry County estate file has been opened. |
Recent updates
| Update | What changed |
|---|---|
| MEC completion | Mississippi announced statewide electronic filing completion on June 30, 2025, and all chancery courts had been implemented into MEC as of June 19, 2023. MEC and PAMEC information is at 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 revised in the same 2020 act 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 the fiduciary attorney rule in UCCR 6.02. |
| Legal aid intake | North Mississippi Rural Legal Services, 1-800-898-8731, and Mississippi Center for Legal Services, 1-800-519-2915, use separate intake numbers as of January 1, 2026. Perry County is listed with Mississippi Center for Legal Services, and statewide lookup starts at mslegalservices.org. |
Scenarios
| Situation | Likely Perry 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 probate personal property is within the $75,000 amount effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 may settle the personal property with no court filing. If a will devises Mississippi real property and all known debts are paid, ask the attorney about muniment of title under Miss. Code Ann. § 91-5-35. | Sunset helps identify accounts, organize the deed and will, and prepare the asset picture for estate settlement. |
| 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, Miss. Code Ann. § 91-7-322 allows the successor to present the affidavit to the bank, employer or other holder of personal property. If letters are needed, a Mississippi attorney is required under UCCR 6.02 and the filing starts at the Perry County Chancery Clerk's counter. | Sunset helps decide whether letters are actually needed, gathers institution information, and connects the family with a local attorney when a chancery case is required. |
| Parent settling predeceased child's estate, home must be sold | The small estate affidavit under Miss. Code Ann. § 91-7-322 does not transfer the 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 administration in Perry County Chancery Court under Miss. Const. art. 6, § 159, with an attorney retained under UCCR 6.02. The chancellor fixes fiduciary and attorney compensation under Miss. Code Ann. § 91-7-299, and UCCR 6.12(B) says fees are not based on the value of real property. | Sunset helps assemble property, debt and account information so the attorney can choose the right estate settlement path. |
Self-help resources
| Resource | How it helps Perry County families |
|---|---|
| Perry County Chancery Clerk | Call 601-964-8398 for filing counter questions, current hours, payment instructions and how to present a paper filing at 103 South Main Street in New Augusta. The clerk cannot provide legal advice. |
| Mississippi Center for Legal Services | Perry County is listed with Mississippi Center for Legal Services, Hattiesburg office area. Intake is 1-800-519-2915. Use mslegalservices.org to check eligibility and service area information. This resource may not take estate matters. |
| mslegalservices.org | Statewide public legal-information site with a service-area directory and online legal information. Use it to check legal aid eligibility and provider assignment. |
| Mississippi Judiciary chancery court page | Provides statewide chancery court information and the statewide chancery clerk cover sheet link for chancery filings. |
| Uniform Chancery Court Rules | Explains the fiduciary attorney requirement in UCCR 6.02 and filing content rules for estates, accounts and petitions. |
| MEC and PAMEC | Use https://courts.ms.gov/mec/mec.php for Mississippi Electronic Courts information. Attorneys file through MEC, PAMEC is read-only for public users, and free viewing is available at the clerk's office during regular business hours when not limited by court order. |
When to hire an attorney
In a Perry County full estate, an executor or administrator is a fiduciary and must retain an attorney unless that fiduciary is licensed to practice law in Mississippi (UCCR 6.02). The chancellor fixes the attorney's fee, and 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 does not appoint a fiduciary. Families that cannot afford counsel should check Mississippi Center for Legal Services through mslegalservices.org and 1-800-519-2915, while understanding that estate representation may not be available. Sunset connects to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps organize what the family owns, owes and needs to transfer. That asset map is often the first step in a clean estate settlement.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement packet for the Perry County attorney, including asset lists, contact details and documents the attorney will need for the chancery filing.
Find a local probate attorney. Mississippi requires most estate fiduciaries to retain counsel under UCCR 6.02, so Sunset helps families connect with a vetted attorney who handles Perry County chancery estates.
Sunset is free for families. Families can use Sunset to understand the path, gather information and connect with help without paying Sunset a fee.
Frequently asked questions
Where do I file a Perry County probate matter?
File with the Perry County Chancery Clerk at 103 South Main Street, New Augusta, MS 39462. Mississippi places matters testamentary and of administration in chancery court under 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).
What is the Perry County filing fee for an estate?
Perry County's published chancery civil case schedule, effective January 1, 2020, lists Estate, Testate or Intestate at $158.00 and Estate, Muniment of Title Only at $148.00. Miss. Code Ann. § 25-7-9 sets the clerk's estate filing floor at $85.00 plus $10.00, $40.00 and $5.00 statutory assessments. Call 601-964-8398 to confirm the current amount and payment method.
Can I pay the Perry County Chancery Clerk by card?
The Perry County Chancery Clerk page states that card payments are not accepted and lists cash, check and money order payments only. Bring an accepted payment method for any court cost deposit under Miss. Code Ann. § 25-7-9.
Can an estate case be opened online in Perry County?
No. Attorneys file later documents through MEC, but an estate case begins with a paper filing at the chancery clerk's counter. Public MEC and PAMEC information is at https://courts.ms.gov/mec/mec.php.
Does Perry County have local probate forms?
The Perry County Chancery Clerk page does not post a Perry County estate form or small estate affidavit form. Mississippi uses the statewide chancery clerk cover sheet, and a full estate petition is prepared by the attorney required under UCCR 6.02.
Can I attend a Perry County chancery hearing by phone or video?
Ask the Perry County Chancery Clerk and the attorney handling the case. Remote attendance depends on the chancellor and district practice, and term scheduling is handled through the chancery term order posted under Miss. Code Ann. § 9-5-3(2).
How do I look up a Perry County estate case?
PAMEC provides registered, read-only remote access through https://courts.ms.gov/mec/mec.php. Free viewing is available at the Perry County Chancery Clerk's office during regular business hours when access is not limited by court order.
Does the Perry County clerk keep wills before someone dies?
The Perry County Chancery Clerk page says last wills and testaments are in its records only if they have been filed in the probate of an estate. If you are looking for a will, ask whether an estate file exists in Perry County.
Do I have to travel to New Augusta for a small estate?
If the matter fits the $75,000 small estate affidavit route effective July 1, 2020, the successor presents the affidavit to the bank, employer or other holder of personal property under Miss. Code Ann. § 91-7-322. If the family needs letters testamentary or letters of administration, the chancery filing is in Perry County and the attorney can advise what appearances are needed 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.