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Scott County, MS Probate Information
Quick facts
| Item | Scott County information |
|---|---|
| Court | Scott County Chancery Court (Miss. Const. art. 6, § 159) |
| Probate filings go to | Scott County Chancery Clerk, 601-469-1922. Say the call is about an estate because the office also handles land records. |
| Chancery court district | Mississippi's 2nd Chancery Court District: Jasper, Newton and Scott. The estate is filed in Forest. |
| Courthouse address | 100 Main Street East, Forest, MS 39074 |
| Mailing address | P.O. Box 630, Forest, MS 39074 |
| Phone | 601-469-1922 |
| Fax | 601-469-5180 |
| Hours | Call 601-469-1922 to confirm current counter hours before bringing an original will, a filing, or a deadline-sensitive estate settlement item. |
| Filing fee | Scott County does not provide a county estate fee total on its Chancery Clerk page. The statutory floor, under the text effective until December 31, 2027, is $140.00: $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments (Miss. Code Ann. § 25-7-9). Confirm the current deposit with the clerk. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary, 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, is not a court filing (Miss. Code Ann. § 91-7-322). |
| Local forms | Scott County does not provide a county probate packet or county small estate affidavit on its Chancery Clerk page. Use the statewide Chancery Clerk Cover Sheet and the petition your attorney prepares. |
| E-filing | Attorneys file through MEC after the case is opened. A self-represented party may have read-only PAMEC access but may not file electronically. An estate starts 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 at https://courts.ms.gov/mec/mec.php. Remote PAMEC access requires registration and fees. Public viewing is available at the Scott County Chancery Clerk's office during open counter hours. |
| Remote appearance | Ask the Scott County Chancery Clerk how the chancellor handles phone or video participation and where the 2nd Chancery Court District term order is posted (Miss. Const. art. 6, § 159; Miss. Code Ann. § 9-5-3). |
| Website | https://scottcountyms.gov/chancery-clerk |
Before you begin — know the assets and liabilities
Before anyone files in Scott County, list the assets, debts, beneficiary designations, jointly titled property, and any Mississippi real property. That first inventory tells you whether the estate settlement can stay outside court under an affidavit, can use muniment of title, or needs a full chancery administration.
Sunset's asset discovery searches more than 2,300 financial institutions, helping families find accounts, insurance, and other property before the Scott County probate path is chosen.
Which court handles jurisdiction
Scott County probate is filed with the Scott County Chancery Clerk in Forest. Chancery court has jurisdiction over matters testamentary and of administration in Mississippi (Miss. Const. art. 6, § 159), and chancery court is held in each county (Miss. Code Ann. § 9-5-3).
For a will, Mississippi venue uses the county where the testator had a fixed place of residence; if there was no fixed place of residence and the will devises land, venue follows the county where the land, or part of it, is located (Miss. Code Ann. § 91-7-1). For an intestate estate, the venue ladder differs and starts with the county where the decedent had a fixed place of residence, then land, then the county where the decedent died (Miss. Code Ann. § 91-7-63).
Scott County is in Mississippi's 2nd Chancery Court District with Jasper and Newton counties. That district assigns chancellors, but the Scott County estate is filed at Scott County's own courthouse in Forest.
The jurisdiction process
- Gather the death certificate, the original will if there is one, asset information, debts, names and addresses of heirs or devisees, and any deed information needed for the estate settlement.
- Choose the route. If the whole probate estate is $75,000 or less, effective July 1, 2020, excluding liens and encumbrances, and 30 days have passed, the small estate affidavit is presented to the bank or other holder and is not filed in court (Miss. Code Ann. § 91-7-322). 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 § 91-7-322 sum, the attorney may use muniment of title (Miss. Code Ann. § 91-5-35). Otherwise, expect 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 entire appointment.
- The attorney prepares the petition. A petition to probate a will must attach a copy of the will as an exhibit, and pleadings, accounts, inventories and reports filed by a fiduciary must be personally signed and sworn (UCCR 6.15; UCCR 6.14).
- File on paper with the Scott County Chancery Clerk in Forest, using the Chancery Clerk Cover Sheet and the court cost deposit. The statutory fee floor, under the text effective until December 31, 2027, is $140.00, made up of $85.00 plus $10.00, $40.00 and $5.00 statutory assessments (Miss. Code Ann. § 25-7-9; UCCR 9.01). The original will stays with the clerk (UCCR 9.03).
- The chancery court, or the chancery clerk in vacation, meaning between terms of court, subject to court approval, admits the will to probate and grants letters testamentary or letters of administration. The clerk's acts are 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).
- Address bond if required by the court or clerk (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 probate and register claims with the Scott County Chancery Clerk. Claims not registered within 90 days after the first publication are barred (Miss. Code Ann. § 91-7-151).
- Administer the estate, pay approved debts and taxes, account as required, distribute under the will or Mississippi law, and seek the final decree and discharge through the chancery court.
Forms and documents
Probate forms in Scott County
The Mississippi Judiciary links a statewide Chancery Clerk Cover Sheet, and the Uniform Chancery Court Rules set required content for estate filings. They do not supply a county-specific Scott County probate packet. In a full estate, the petition is drafted by the attorney required under Uniform Chancery Court Rule 6.02.
Scott County's Chancery Clerk page does not provide a local probate petition, estate checklist, or local small estate affidavit form. Bring or mail the paper filing to the chancery clerk in Forest and call 601-469-1922 before filing to confirm current cover sheet, payment and original-will handling.
Local nuance
Scott County-specific considerations
Scott County keeps a separate Chancery Clerk office and Circuit Clerk office. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court (Miss. Const. art. 6, § 159). When calling 601-469-1922, say the question is about an estate because the chancery clerk also handles land-records work.
Recent updates
| Update | What changed |
|---|---|
| MEC completion | Mississippi announced completion of statewide electronic filing on June 30, 2025, and all chancery courts had been implemented in MEC as of June 19, 2023. See https://courts.ms.gov/mec/mec.php. |
| Small estate and muniment changes | The small estate affidavit amount became $75,000, effective July 1, 2020, and the muniment of title procedure was rewritten in the same act (Miss. Code Ann. § 91-7-322; Miss. Code Ann. § 91-5-35). |
| Legal aid intake | North Mississippi Rural Legal Services at 1-800-898-8731 and Mississippi Center for Legal Services at 1-800-519-2915 separated intake hotline numbers on January 1, 2026. Scott County is mapped to Mississippi Center for Legal Services at 1-800-519-2915; the directory is at mslegalservices.org/find-legal-help/directory/area. |
| Uniform Chancery Court Rules | The Uniform Chancery Court Rules were revised and amended effective April 18, 2024. |
Scenarios
| Situation | Likely Scott 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 $75,000 or less, effective July 1, 2020, in personal property excluding liens and encumbrances, the small estate affidavit is handed to the holder after 30 days and is not filed in Forest (Miss. Code Ann. § 91-7-322). If a will devises the home and all known debts are paid, muniment of title may be the court route, and the house itself does not count against the ceiling (Miss. Code Ann. § 91-5-35). | Sunset helps identify accounts, confirm what may pass outside probate, and prepare an estate settlement plan before the family contacts the chancery clerk or an attorney. |
| Out-of-state adult child with a small estate | If 30 days have passed and the whole probate estate is $75,000 or less, effective July 1, 2020, in personal property excluding liens and encumbrances, the affidavit goes to the bank or holder, not the court (Miss. Code Ann. § 91-7-322). If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02 and the case opens on paper with the Scott County Chancery Clerk. | Sunset can organize the asset list, generate a probate packet for attorney review, and help reduce unnecessary travel to Forest. |
| Parent settling predeceased child's estate, home must be sold | The § 91-7-322 affidavit cannot transfer the house. If there is a will and the debts are paid, ask counsel about muniment of title (Miss. Code Ann. § 91-5-35). Otherwise, expect full administration in Scott County Chancery Court. 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); Miss. Const. art. 6, § 159). | Sunset helps locate assets, prepare the family for the attorney conversation, and connect the family with a vetted local probate attorney. |
Self-help resources
| Resource | How it helps in Scott County |
|---|---|
| Scott County Chancery Clerk | Call 601-469-1922 for filing counter questions, current hours, the current estate cost deposit, and how the 2nd Chancery Court District handles scheduling. Website: https://scottcountyms.gov/chancery-clerk. |
| Mississippi Center for Legal Services | Scott County is mapped to the Meridian office service area. Call 1-800-519-2915 to check eligibility. Legal aid may not take estate administration matters, so use mslegalservices.org/find-legal-help/directory/area to confirm the right intake path. |
| mslegalservices.org | Public legal information site with a directory by service area and online legal information. Use it to check legal aid eligibility and current intake instructions. |
| Mississippi Judiciary chancery court information | Provides statewide chancery court information and links to the Chancery Clerk Cover Sheet. Start at https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php. |
| Uniform Chancery Court Rules | Rules for fiduciary matters, including the attorney requirement in UCCR 6.02 and sworn filing requirements. |
| MEC and PAMEC | Use https://courts.ms.gov/mec/mec.php for statewide case access information. Remote PAMEC access requires registration and fees; public viewing is available at the chancery clerk's office during open counter hours. |
When to hire an attorney
In Mississippi, this is a rule rather than 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 fee (Miss. Const. art. 6, § 159). The main counterweight is the $75,000 small estate affidavit, effective July 1, 2020, which is presented to the holder and does not create a fiduciary appointment (Miss. Code Ann. § 91-7-322). A Scott County family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 through mslegalservices.org, and Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help identify bank accounts, investments, insurance, and other assets before the Scott County estate settlement path is chosen.
Generate the probate packet. Sunset helps organize the information a Mississippi attorney needs for the petition, heirs, assets, debts, and court forms for filing with the Scott County Chancery Clerk.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain an attorney unless the fiduciary is a Mississippi-licensed lawyer, Sunset helps connect families with vetted local counsel.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the next steps, and decide what to ask the chancery clerk or attorney without paying Sunset.
Frequently asked questions
Where do I file probate in Scott County, Mississippi?
File with the Scott County Chancery Clerk in Forest. The Scott County Chancery Court handles matters testamentary and of administration (Miss. Const. art. 6, § 159). Venue for a will starts with the county where the testator had a fixed place of residence (Miss. Code Ann. § 91-7-1).
Does Scott County use the circuit clerk for probate?
No. Scott County has a separate Circuit Clerk office, but probate filings go to the Scott 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).
Can I e-file a Scott County estate?
Attorneys file through MEC after the case is opened, but an estate begins with a paper filing at the 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.
Do I need an attorney for a Scott County estate?
For a full estate, yes. Uniform Chancery Court Rule 6.02 requires a fiduciary, 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, is different because it is presented to the holder and is not a court filing (Miss. Code Ann. § 91-7-322).
What is the filing fee for a Scott County estate?
Scott County does not provide a county estate fee total on its Chancery Clerk page. The statutory floor, under the text effective until December 31, 2027, is $140.00: $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments (Miss. Code Ann. § 25-7-9). Call 601-469-1922 to confirm the current deposit before filing.
Does Scott County have local probate forms?
Scott County's Chancery Clerk page does not provide a local probate packet, local estate checklist, or local small estate affidavit form. Use the statewide Chancery Clerk Cover Sheet and the petition prepared by the attorney required under UCCR 6.02.
Can I attend a Scott County chancery hearing by phone or video?
Ask the Scott County Chancery Clerk at 601-469-1922. Remote participation is handled by the chancellor and district practice, and the annual term order is posted through the chancery clerk's office for the district (Miss. Const. art. 6, § 159; Miss. Code Ann. § 9-5-3).
How do I look up a Scott County estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote PAMEC access requires registration and fees. Public viewing is available at the Scott County Chancery Clerk's office during open counter hours.
Do I have to travel to Forest for a small estate?
If the estate qualifies for the $75,000 small estate affidavit, effective July 1, 2020, and 30 days have passed, the affidavit is presented to the bank, employer, transfer agent, or other holder. It is not filed with the court, so that route does not require a trip to the Scott County courthouse (Miss. Code Ann. § 91-7-322).
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.