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Simpson County, MS Probate Information
Quick facts
| Topic | Simpson County information |
|---|---|
| Court | Simpson County Chancery Court. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Simpson County Chancery Clerk. Call 601-847-2626 and say the question is about an estate filing, because the office also handles land records. |
| Courthouse city | Mendenhall. Simpson County is not one of Mississippi's two judicial districts counties, so use the Simpson County filing counter. |
| Mailing address | P.O. Box 367, Mendenhall, MS 39114. |
| Physical address | The county page gives a mailing address but not a street address for the chancery clerk. Confirm the physical courthouse address by phone before traveling. |
| Phone | 601-847-2626. |
| Fax | 601-847-7016. |
| Office email | [email protected]. |
| Hours | Call 601-847-2626 before visiting, especially near a filing deadline, because Simpson County does not post chancery clerk counter hours on its county page. |
| Chancery court district | Mississippi's 13th Chancery Court District: Covington, Jefferson Davis, Lawrence, Simpson and Smith. The district assigns chancellors, but a Simpson County estate is filed in Simpson County. |
| Filing fee | For the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 sets the floor for opening an estate at $85.00 for the clerk, plus $10.00, $40.00 and $5.00 in statutory assessments, for $140.00 before any county-published total, service cost or publication cost. Simpson County does not post an estate total on its county page, so confirm the current deposit with the chancery clerk. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary, including 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, under Miss. Code Ann. § 91-7-322 is not a court filing and needs no attorney. |
| Local forms | Simpson County does not post a local estate packet, probate petition form or small estate affidavit form on its county page. Use the statewide Chancery Clerk Cover Sheet and the attorney-drafted petition for a full estate. |
| E-filing | Attorneys file through Mississippi Electronic Courts, MEC. A party without an attorney filing account may use PAMEC for read-only access, and an estate begins with a paper filing at the chancery clerk's counter. MEC information is at courts.ms.gov/mec/mec.php. |
| Case search | MEC and PAMEC provide remote read-only access for registered users through courts.ms.gov/mec/mec.php. Free viewing is available at the chancery clerk's office during regular business hours, with copy charges governed by Miss. Code Ann. § 25-7-9. |
| Remote appearance | Ask the Simpson County Chancery Clerk whether the chancellor and the 13th Chancery Court District will allow phone or video attendance for a specific hearing. The district's annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Website | http://simpsoncountyms.com/chancery-clerk/. |
Before you begin — know the assets and liabilities
Before choosing a Simpson County path, list the assets, debts, deed information, account balances, vehicle titles, life insurance beneficiaries and any will. Estate settlement in Mississippi often turns on whether the family needs letters from the chancery court, whether the property is only personal property, and whether a will can be used as a muniment of title.
Sunset's asset discovery searches more than 2,300 financial institutions and can help you build that first inventory before an attorney prepares the filing. For Simpson County families, that makes the first call with counsel more focused and can show whether the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 may avoid a court filing.
Which court handles jurisdiction
Probate for Simpson County is filed with the Simpson County Chancery Clerk in Mendenhall for the Simpson County Chancery Court. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court (Miss. Const. art. 6, § 159; Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 91-7-63).
Simpson County sits in Mississippi's 13th Chancery Court District with Covington, Jefferson Davis, Lawrence and Smith. The chancery court district affects chancellor assignment, not the county filing counter. Mississippi law provides that a chancery court is 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, with a land-based fallback if there was no fixed place of residence (Miss. Code Ann. § 91-7-1). For an intestate estate, the venue ladder differs and begins with the county where the intestate had a fixed place of residence, then land, then the county of death (Miss. Code Ann. § 91-7-63).
The jurisdiction process
- Gather the death certificate, the original will if there is one, deeds, account statements, vehicle titles, debts and beneficiary information. Keep the original will ready for the chancery clerk, because original wills stay in the clerk's custody unless the chancellor orders otherwise (UCCR 9.03).
- Choose the route. If at least 30 days have passed and the whole probate estate is $75,000 or less, effective July 1, 2020, excluding liens and encumbrances, and the property is personal property, a successor may present a small estate affidavit to the bank, employer or holder rather than filing in Simpson County (Miss. Code Ann. § 91-7-322). If there is a will devising Mississippi real property and the statutory conditions are met, muniment of title may be available (Miss. Code Ann. § 91-5-35). Otherwise, use full administration.
- For a full estate, retain a Mississippi probate 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, and fiduciary pleadings must be personally signed and sworn by the fiduciary (UCCR 6.15; UCCR 6.14).
- File the paper opening documents with the Simpson County Chancery Clerk in Mendenhall, with the Chancery Clerk Cover Sheet and the court cost deposit. Miss. Code Ann. § 25-7-9 sets the text effective until December 31, 2027, for the $85.00 clerk fee plus $10.00, $40.00 and $5.00 in statutory assessments, and UCCR 9.01 requires the deposit with the petition.
- 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 for an intestate estate. The clerk's act 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).
- Give bond if the court or clerk requires it. Mississippi law requires the executor's oath and a bond approved by the court or clerk, but the amount and sureties depend on the estate and the court's order (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 notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-145).
- Creditors probate and register claims with the chancery clerk. Claims not registered within 90 days after the first publication are barred (Miss. Code Ann. § 91-7-151).
- Administer the estate settlement by collecting assets, paying allowed debts and taxes, preparing required accounts, distributing property under the will or the court's order, and seeking a final decree and discharge.
Forms and documents
Probate forms in Simpson County
The Mississippi Judiciary provides a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules set content requirements for estate filings. The petition itself is drafted by the attorney required for a fiduciary in a full estate under UCCR 6.02.
Simpson County does not post a local estate packet, probate petition, instruction sheet or small estate affidavit form on its county page. For a full estate, ask the Simpson County Chancery Clerk which cover sheet and payment format to include when the attorney files the paper petition.
The small estate affidavit under Miss. Code Ann. § 91-7-322 is a statewide personal-property affidavit. If it applies, it is presented to the holder of the property after 30 days and is not filed with the Simpson County Chancery Clerk.
Recent updates
| Update | What changed |
|---|---|
| MEC completion | Mississippi announced on June 30, 2025, that electronic filing had been completed for Mississippi courts. All chancery courts had been implemented in MEC as of June 19, 2023. MEC information is at 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 updated 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 rules that affect fiduciary filings and the attorney requirement under UCCR 6.02. |
| Legal aid intake | As of January 1, 2026, Mississippi Center for Legal Services uses 1-800-519-2915 and North Mississippi Rural Legal Services uses 1-800-898-8731 as separate intake hotlines. Simpson County is mapped to Mississippi Center for Legal Services, with the statewide directory at mslegalservices.org/find-legal-help/directory/area. |
Scenarios
| Situation | Likely Simpson 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 spouse may be able to present a small estate affidavit to the holder without filing in Mendenhall (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, review deed and beneficiary questions to raise with counsel, and organize an estate settlement plan before the attorney prepares a filing. |
| Out-of-state adult child with a small estate | If 30 days have passed and the entire probate estate is $75,000 or less, effective July 1, 2020, in personal property excluding liens and encumbrances, the affidavit under Miss. Code Ann. § 91-7-322 is handed to the bank or other holder, not filed with a court. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02, and the petition is filed on paper with the Simpson County Chancery Clerk. | Sunset can locate institutions, create an asset list, and help the family decide whether the estate settlement needs the affidavit path or attorney-led letters. |
| 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 debts are paid, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, expect full administration in the Simpson County Chancery Court. The chancellor fixes fiduciary compensation and attorney fees, and fees may not be based on real property value (Miss. Code Ann. § 91-7-299; UCCR 6.12(B); Miss. Const. art. 6, § 159). | Sunset helps gather the financial picture, prepare the attorney packet, and connect the parent with a vetted probate attorney for the required court filing. |
Self-help resources
| Resource | How it helps Simpson County families |
|---|---|
| Simpson County Chancery Clerk | Use 601-847-2626 for Simpson County filing logistics, current hours, the physical courthouse address, paper filing requirements, payment questions and whether the chancellor will allow phone or video attendance. Website: http://simpsoncountyms.com/chancery-clerk/. |
| Mississippi Center for Legal Services | Simpson County is served through the Jackson office of Mississippi Center for Legal Services. Call 1-800-519-2915 to check eligibility. The directory is at mslegalservices.org/find-legal-help/directory/area. Legal aid may not take estate-administration matters, so ask about eligibility and scope before relying on it. |
| mslegalservices.org | Statewide public legal-information site maintained by Mississippi's two civil legal aid providers, with topic information, online forms and the directory by service area. |
| Mississippi Judiciary chancery court page | Provides chancery court information, including the chancery court structure and the Chancery Clerk Cover Sheet link. |
| Uniform Chancery Court Rules | Use the rules to understand fiduciary duties, sworn filings, accountings, the cover-sheet and cost-deposit framework, and the attorney requirement under UCCR 6.02. |
| MEC and PAMEC | MEC is the court filing and case-management system for attorneys. PAMEC is read-only public access for registered users. Free viewing is available at the clerk's office during business hours, and remote access starts at courts.ms.gov/mec/mec.php. |
When to hire an attorney
For a full Simpson County estate, 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 the entire appointment, and the chancellor fixes the fee. The practical exception is not a court case at all: the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322 is presented to the holder of personal property and needs no attorney. A family that cannot afford counsel should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 and the directory at mslegalservices.org, understanding that legal aid may not take estate matters. Sunset connects the family to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions, organizes balances and beneficiary clues, and helps the family understand what may need Simpson County court authority and what may pass outside the estate settlement.
Generate the probate packet. Sunset turns the asset list, family information and document checklist into a clear packet for the Mississippi attorney who prepares the petition, cover sheet and sworn fiduciary filings required in chancery court.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain counsel for a full estate, Sunset helps connect Simpson County families with a vetted probate attorney who can file in the Simpson County Chancery Court and guide the estate settlement through letters, notice, claims and closing.
Sunset is free for families. Families can use Sunset's planning tools, asset discovery support and attorney matching without paying Sunset. The attorney explains any legal fee before representation begins.
Frequently asked questions
Where do I file probate in Simpson County, Mississippi?
File a full estate with the Simpson County Chancery Clerk for the Simpson County Chancery Court in Mendenhall. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159). Call 601-847-2626 before traveling because Simpson County posts a mailing address but not a street address or counter hours on its county page.
What address should I use for the Simpson County Chancery Clerk?
The mailing address is P.O. Box 367, Mendenhall, MS 39114. Because the county page does not post a physical street address for the chancery clerk, call 601-847-2626 to confirm where to deliver a paper filing.
Can I handle a small estate in Simpson County without filing at the courthouse?
Yes, if the statewide affidavit fits the facts. After 30 days, a successor may present the small estate affidavit to the bank, employer or other holder when the whole probate estate is $75,000 or less, effective July 1, 2020, excluding liens and encumbrances, and the property is personal property (Miss. Code Ann. § 91-7-322). The affidavit is not filed with the Simpson County Chancery Clerk.
Does a Simpson County executor have to hire a lawyer?
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, under Miss. Code Ann. § 91-7-322 is different because it is not a court filing.
What is the Simpson County filing fee for an estate?
Simpson County does not post an estate filing total on its county page. For the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 sets the statutory floor at $85.00 for the clerk plus $10.00, $40.00 and $5.00 in assessments, for $140.00 before any service, publication or county-published total. Call the chancery clerk for the current deposit.
Does Simpson County have local probate forms?
Simpson County does not post a local probate petition, estate packet or small estate affidavit form on its county page. A full estate uses the Chancery Clerk Cover Sheet, the attorney-drafted petition and the Uniform Chancery Court Rules. The $75,000 small estate affidavit, effective July 1, 2020, is governed by Miss. Code Ann. § 91-7-322.
How do MEC and PAMEC work for a Simpson County estate?
Attorneys file through MEC, and a party without an attorney filing account may use PAMEC only for read-only access. A Mississippi estate begins with a paper filing at the chancery clerk's counter. MEC and PAMEC information is at courts.ms.gov/mec/mec.php.
Can I attend a Simpson County chancery hearing by phone or video?
Ask the Simpson County Chancery Clerk at 601-847-2626. Remote attendance depends on the chancellor and 13th Chancery Court District practice, and the district's annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2).
Where can I look up a Simpson County estate case?
Use MEC and PAMEC through courts.ms.gov/mec/mec.php for remote read-only access with a registered account. Free viewing is available at the chancery clerk's office during regular business hours, with copy charges governed by Miss. Code Ann. § 25-7-9.
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.