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Smith County, MS Probate Information
Quick facts
| Item | Smith County details |
|---|---|
| Court | Smith County Chancery Court (Miss. Const. art. 6, § 159). |
| Probate filings go to | Smith County Chancery Clerk, Chancery Building, 201 Courthouse Square, Raleigh, MS 39153. |
| Mailing address | P.O. Box 39, Raleigh, MS 39153. |
| Phone | 601-782-9811. |
| Fax | 601-782-4690. The county does not invite probate petitions by fax, so call before sending anything this way. |
| Hours | Smith County does not list public counter hours on its chancery clerk pages. Call 601-782-9811 before traveling to confirm the counter is open and to ask about filing cutoffs. |
| Filing fee | Smith County does not list a local estate fee total. Through December 31, 2027, Miss. Code Ann. § 25-7-9 sets the chancery clerk's fee for opening an estate at $85.00, plus $10.00 to the Comprehensive Electronic Court Systems Fund, $40.00 to the Judicial System Operation Fund and $5.00 to the Civil Legal Assistance Fund, for a $140.00 statutory floor. Confirm the current total with the chancery clerk before filing. |
| Local forms | Smith County lists no local probate form, small estate affidavit form or estate instruction sheet. Use the statewide Chancery Clerk Cover Sheet linked from the Mississippi Judiciary's chancery court page, and have the petition prepared by the attorney required under UCCR 6.02. |
| E-filing | 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 self-represented party may have read-only PAMEC access but may not file electronically unless that person is an attorney admitted to practice. courts.ms.gov/mec/mec.php. |
| Case search | Use MEC and PAMEC through courts.ms.gov/mec/mec.php. Remote access requires a registered PAMEC account; civil viewing is free at the chancery clerk's office during business hours. |
| Remote appearance | Ask the chancery clerk and your attorney. Remote appearance is set by the chancellor and district practice; the annual term order for a multi-county chancery court district is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Website | https://www.smithcountyms.gov/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 during the 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. |
Before you begin — know the assets and liabilities
Before you file anything in Smith County, make a working list of the assets, debts, account holders, real property and family contacts. The route can change quickly: a Raleigh filing may be unnecessary if the only probate property is personal property that qualifies for the small estate affidavit under Miss. Code Ann. § 91-7-322, but a house in the estate usually points to muniment of title or full administration.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then uses those results to help families understand which Mississippi path fits. That work is especially useful before calling the Smith County Chancery Clerk, because the clerk can answer filing logistics but cannot choose the legal strategy for you.
Which court handles jurisdiction
Probate for Smith County is filed with the Smith County Chancery Clerk in Raleigh. The chancery clerk's current filing location is the Chancery Building at 201 Courthouse Square, Raleigh, MS 39153, with mailing to P.O. Box 39, Raleigh, MS 39153. Smith County's page states that chancery clerk functions and chancery court sessions are in the newer Chancery Building across from the Smith County Courthouse.
Smith County sits in Mississippi's 13th Chancery Court District with Covington, Jefferson Davis, Lawrence and Simpson counties. A chancery court district is how chancellors are assigned; it does not send a Smith County estate to another county. Mississippi law requires a chancery court to be held in each county (Miss. Code Ann. § 9-5-3(1)), and probate jurisdiction belongs to the 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, or, if there was no fixed place of residence and the will devises land, where the land or part of it is located (Miss. Code Ann. § 91-7-1). For an intestate estate, the venue ladder is different and starts with the county of the fixed place of residence, then land, then the county where the person died (Miss. Code Ann. § 91-7-63).
The jurisdiction process
- Gather the death certificate, the original will if there is one, addresses for heirs and devisees, a list of assets and debts, and any real property information tied to Smith County.
- Choose the path before opening a case. If 30 days have passed and the entire probate estate, wherever located and excluding liens and encumbrances, is $75,000 or less effective July 1, 2020, the small estate affidavit is presented to the holder of personal property and is not filed with the chancery clerk (Miss. Code Ann. § 91-7-322). If there is a will that devises 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, ask the attorney about muniment of title (Miss. Code Ann. § 91-5-35). Otherwise, plan for full administration.
- Retain an attorney 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, and pleadings, accounts, inventories and reports filed by a fiduciary must be personally signed and sworn by that fiduciary (UCCR 6.15, UCCR 6.14).
- File on paper with the Smith County Chancery Clerk at 201 Courthouse Square in Raleigh. Include the 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 in the clerk's custody under UCCR 9.03.
- The chancery court, or the chancery clerk in vacation, meaning between court terms, may admit the will to probate in common form and grant letters testamentary or letters of administration, subject to the court's approval (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147).
- Give the oath and address bond if the court or clerk requires it. Mississippi law sets the executor's oath and requires bond approved by the court or clerk, but the bond decision belongs in the case file and attorney guidance (Miss. Code Ann. § 91-7-41).
- After letters are granted, the executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to known creditors, files the diligent-search affidavit, and only then publishes notice to creditors for three consecutive weeks (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 (Miss. Code Ann. § 91-7-151).
- Administer the estate, pay allowed claims, address taxes and expenses, prepare required accountings, distribute under the will or Mississippi law, and seek the final decree and discharge through the chancery court. This is the stage where estate settlement work depends on complete asset information and attorney-managed filings.
Forms and documents
Probate forms in Smith County
Smith County lists no local probate form, small estate affidavit form or estate instruction sheet on its county forms page. The listed county forms are for other county services, not estate filings.
For a Smith County estate filed in chancery court, use the statewide Chancery Clerk Cover Sheet linked from the Mississippi Judiciary's chancery court page and follow the Uniform Chancery Court Rules. Mississippi uses rule-based petition content rather than a county form packet: a will petition needs a copy of the will attached as an exhibit, and fiduciary filings must be personally signed and sworn when required (UCCR 6.15, UCCR 6.14).
Because UCCR 6.02 requires a fiduciary to retain an attorney unless the fiduciary is a Mississippi-licensed lawyer, the probate petition for a full estate should be drafted through counsel. If the family is using the $75,000 small estate affidavit, effective July 1, 2020, under Miss. Code Ann. § 91-7-322, the affidavit is presented to the person or institution holding personal property and is not a Smith County court filing.
Recent updates
| Date | Change | What it means in Smith County |
|---|---|---|
| June 19, 2023 and June 30, 2025 | All Mississippi chancery courts were on MEC as of June 19, 2023, and the statewide trial-court electronic filing rollout finished June 30, 2025. | Smith County estate cases use the statewide MEC and PAMEC framework, but every estate still begins with a paper filing at the chancery clerk's counter. courts.ms.gov/mec/mec.php. |
| July 1, 2020 | The small estate affidavit amount became $75,000, and muniment of title was rewritten (Miss. Code Ann. §§ 91-7-322, 91-5-35). | Smith County families should not rely on older forms or older dollar figures for these routes. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended. | Rule 6.02 remains central for Smith County estates because every fiduciary must retain an attorney unless the fiduciary is licensed to practice law in Mississippi. |
| January 1, 2026 | North Mississippi Rural Legal Services and Mississippi Center for Legal Services began using separate intake hotline numbers. | Smith County is not assigned by name on the provider office pages, so families checking legal aid through mslegalservices.org should use the directory and may call both hotlines: NMRLS at 1-800-898-8731 and MCLSC at 1-800-519-2915. |
The Smith County chancery clerk page currently places chancery clerk work and chancery court sessions in the Chancery Building at 201 Courthouse Square in Raleigh, across from the Smith County Courthouse.
Page last reviewed: August 2026.Scenarios
| Situation | Likely Smith County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking how the home is titled. If the home passes outside the estate and the remaining probate property is personal property within the $75,000 amount effective July 1, 2020, the small estate affidavit may settle those personal assets without a Smith County filing (Miss. Code Ann. § 91-7-322). If a will devises the home and all known debts are paid, ask counsel about muniment of title, where the house itself does not count against the amount cross-referenced in Miss. Code Ann. § 91-5-35. | Sunset helps identify accounts, property and debts so the spouse and attorney can choose the right estate settlement path before filing in Raleigh. |
| Out-of-state adult child with a small estate | If 30 days have passed and the entire probate estate, excluding liens and encumbrances, is $75,000 or less effective July 1, 2020, the small estate affidavit is presented to the bank or other holder of personal property, not filed with the Smith County Chancery Clerk (Miss. Code Ann. § 91-7-322). If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02 and should ask about any appearance logistics before travel. | Sunset organizes asset discovery and produces a probate packet so the attorney can see whether letters are needed or whether the affidavit route fits. |
| Parent settling a 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 debts are paid, muniment of title may be available (Miss. Code Ann. § 91-5-35). Otherwise, expect full administration in the Smith County Chancery Court, with counsel required under UCCR 6.02. 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 and liabilities, prepares the family for the Raleigh filing counter, and connects the family with a vetted local probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Smith County Chancery Clerk | Filing counter for Smith County estate cases, chancery filings and local filing logistics. The clerk can give filing information but cannot choose the legal path for the family. | 201 Courthouse Square, Raleigh, MS 39153. Mail: P.O. Box 39, Raleigh, MS 39153. Phone: 601-782-9811. Fax: 601-782-4690. https://www.smithcountyms.gov/chancery-clerk/ |
| Mississippi Judiciary chancery court page | Statewide chancery court information and the Chancery Clerk Cover Sheet link. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Rules for fiduciary matters, including the UCCR 6.02 attorney requirement and petition practice for estates. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Attorneys use MEC after the paper opening filing. Public PAMEC access is read-only, and civil viewing is free at the chancery clerk's office during business hours. | https://courts.ms.gov/mec/mec.php |
| Legal aid directory for Smith County | Smith County is not assigned by name on the provider office pages. Use the mslegalservices.org directory by service area and check eligibility. Estate matters are not guaranteed. | https://www.mslegalservices.org/find-legal-help/directory/area |
| North Mississippi Rural Legal Services | One of the two Mississippi civil legal aid providers to contact for eligibility screening when Smith County is not mapped by name. | 1-800-898-8731. https://nmrls.com/ |
| Mississippi Center for Legal Services | One of the two Mississippi civil legal aid providers to contact for eligibility screening when Smith County is not mapped by name. | 1-800-519-2915. https://mscenterforlegalservices.org/ |
When to hire an attorney
In a Smith County full estate, 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 or firm of attorneys for the entire term of the appointment, and the chancellor fixes attorney compensation. The $75,000 small estate affidavit, effective July 1, 2020, is different because it is not a court filing and needs no attorney (Miss. Code Ann. § 91-7-322). If cost is the barrier, use mslegalservices.org and call both North Mississippi Rural Legal Services at 1-800-898-8731 and Mississippi Center for Legal Services at 1-800-519-2915 because Smith County is not assigned by name on the provider office pages. Sunset connects the reader 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 accounts, balances and property clues before a Smith County estate settlement decision is made.
Generate the probate packet. Sunset turns the family's information into an organized packet for the attorney, including known assets, debts, family contacts and documents needed for a chancery court filing in Raleigh.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain an attorney unless the fiduciary is licensed in Mississippi, Sunset helps connect families with a vetted local probate attorney who can file in Smith County.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, and the platform helps them move from asset discovery to the right Mississippi probate path.
Frequently asked questions
Where do I file probate in Smith County, Mississippi?
File a Smith County estate with the Smith County Chancery Clerk at the Chancery Building, 201 Courthouse Square, Raleigh, MS 39153. Probate is handled in the Smith County Chancery Court, not in a separate court, because Mississippi chancery courts have jurisdiction over matters testamentary and administration (Miss. Const. art. 6, § 159).
Is the Smith County filing counter still at 123 Main Street?
No. The Smith County chancery clerk page places chancery clerk work and chancery court sessions in the new Chancery Building across from the Smith County Courthouse, with the current address listed as 201 Courthouse Square, Raleigh, MS 39153.
What is the filing fee for a Smith County estate?
Smith County does not list a local estate fee total. Through December 31, 2027, Miss. Code Ann. § 25-7-9 sets the chancery clerk's estate-opening fee at $85.00 plus $10.00, $40.00 and $5.00 in statutory assessments, for a $140.00 statutory floor. Call 601-782-9811 to confirm the current amount before filing.
Can I e-file a Smith County probate case?
An estate case must be opened with a paper filing at the Smith County Chancery Clerk's counter. After opening, attorneys file through MEC. A self-represented party may have read-only PAMEC access but may not file electronically unless that person is an attorney admitted to practice. courts.ms.gov/mec/mec.php.
How do I look up a Smith County estate case?
Use MEC and PAMEC through courts.ms.gov/mec/mec.php. Remote access requires a registered PAMEC account, while civil case viewing is available at the chancery clerk's office during business hours.
Does Smith County publish local probate forms?
Smith County lists no local probate form, small estate affidavit form or estate instruction sheet. Use the statewide Chancery Clerk Cover Sheet linked from the Mississippi Judiciary's chancery court page, and have the probate petition prepared by the attorney required under UCCR 6.02.
Can I use a small estate affidavit in Smith County?
Yes, if the statewide requirements fit. After 30 days, if the entire probate estate is $75,000 or less effective July 1, 2020, excluding liens and encumbrances, the successor presents the small estate affidavit to the holder of personal property rather than filing it with the Smith County Chancery Clerk (Miss. Code Ann. § 91-7-322).
Will I have to travel to Raleigh for a Smith County estate?
It depends on the route and what the chancellor or clerk requires. The small estate affidavit under Miss. Code Ann. § 91-7-322 is not filed in Raleigh. If full administration is needed, a fiduciary must retain counsel under UCCR 6.02, and the attorney should ask the Smith County Chancery Clerk about hearing logistics and any remote appearance practice.
How long do creditors have in a Smith County estate?
After letters are granted, the executor or administrator must identify known creditors, mail notice, file the diligent-search affidavit, and publish notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-145). Claims not registered within 90 days after the first publication are barred (Miss. Code Ann. § 91-7-151).
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.