Back to Mississippi
Stone County, MS Probate Information
Quick facts
| Topic | Stone County detail |
|---|---|
| Court | Stone County Chancery Court, which handles matters testamentary and of administration under Miss. Const. art. 6, § 159. |
| Probate filings go to | Stone County Chancery Clerk. |
| Courthouse address | 323 East Cavers Avenue, Wiggins, MS 39577. |
| Mailing address | Stone County Chancery Clerk, P.O. Drawer 7, Wiggins, MS 39577. |
| Phone | 601-928-5266. |
| Fax | 601-928-6464. |
| [email protected]. | |
| Hours | Monday through Friday, 8 am to 5 pm. No separate filing cutoff is published, so call before bringing an estate filing late in the day. |
| Filing fee | Stone County does not publish a separate estate total on the county site. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor is $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments, totaling $140.00. Confirm the current amount with the chancery clerk before filing. |
| 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 needs no court filing and no attorney. |
| E-filing | Attorneys file through Mississippi Electronic Courts. A self-represented party may hold a read-only PAMEC account and may not file electronically. Every estate case is opened with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec. |
| Case search | Remote public access runs through MEC and PAMEC at https://courts.ms.gov/mec with a registered account. Free viewing of filed civil documents is available at the chancery clerk's office during business hours, with copy charges for copies. |
| Local forms | Stone County's forms page does not list an estate form, small estate affidavit form or estate instruction sheet. Use the chancery clerk cover sheet and an attorney-drafted petition for a court estate. |
| Remote appearance | Ask the Stone County Chancery Clerk whether the chancellor will allow phone or video attendance for a particular hearing. District term orders are posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Website | https://www.stonecountyms.gov/chancery-clerk/. |
Before you begin — know the assets and liabilities
Before you file anything in Wiggins, identify what the person owned, what had a beneficiary or survivorship feature, what debts exist and whether the original will is available. Estate settlement in Stone County depends on those facts because a bank account, a jointly owned home and land titled only in the decedent's name can follow different paths.
Sunset's 2,300-institution asset discovery helps families find accounts, insurance, retirement assets and debts before choosing the Mississippi route. That up-front picture makes the attorney conversation and the Stone County filing more focused.
Which court handles jurisdiction
Stone County estate cases are filed at the Stone County Courthouse in Wiggins with the Stone County Chancery Clerk. Stone County is in Mississippi's 8th Chancery Court District, made up of Hancock, Harrison and Stone counties, but that district grouping assigns chancellors and does not move a Stone County filing to another county. Chancery court is held in each county (Miss. Code Ann. § 9-5-3(1)), and the chancery court's probate authority comes from 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; 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: fixed place of residence, then land, then the county where the person died (Miss. Code Ann. § 91-7-63).
The jurisdiction process
- Collect the death certificate, the original will if there is one, deeds, account statements, debts and beneficiary information before choosing an estate settlement path.
- Choose the route. If 30 days have passed and the entire probate estate, wherever located and excluding liens and encumbrances, is $75,000 or less in personal property, the small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the bank, employer or other holder and is not filed with any court. 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, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, expect a full administration.
- For a court 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 term of 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 pleadings, accounts, inventories and reports filed by the fiduciary must be personally signed and sworn by the fiduciary (UCCR 6.14).
- File the paper opening documents with the Stone County Chancery Clerk at 323 East Cavers Avenue in Wiggins, using the chancery clerk cover sheet and paying the court cost deposit. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor is $85.00 plus $10.00, $40.00 and $5.00 in assessments, totaling $140.00, although the clerk may require the county's current total. The original will stays in the clerk's custody (UCCR 9.03).
- The chancery court, or the chancery clerk in vacation, meaning between court terms, subject to the court's approval, admits the will in common form and grants letters testamentary, or grants letters of administration for an intestate estate (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147).
- Address any oath and bond requirement. Mississippi law requires an executor's oath and a bond approved by the court or clerk unless the court determines otherwise under applicable law (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 the 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).
- The fiduciary administers assets, pays allowed debts and taxes, prepares any required accounting and works with counsel toward a final decree of distribution and discharge.
Forms and documents
Probate forms in Stone County
Mississippi estate filings use a chancery clerk cover sheet and attorney-drafted pleadings rather than a public fill-in estate packet. The Uniform Chancery Court Rules set content requirements, including a copy of the will attached to the petition when a will is offered (UCCR 6.15) and sworn fiduciary filings (UCCR 6.14). Uniform Chancery Court Rule 6.02 requires the fiduciary to retain an attorney unless the fiduciary is a Mississippi-licensed lawyer.
Stone County's forms page does not list a local estate form, small estate affidavit form or estate instruction sheet. For a court filing, ask the Stone County Chancery Clerk what cover sheet and payment format the clerk wants, and have the petition prepared by Mississippi counsel.
Local nuance
Stone County-specific considerations
Stone County has one chancery filing counter for estate matters: the Stone County Chancery Clerk at the courthouse in Wiggins. Although Stone County shares Mississippi's 8th Chancery Court District with Hancock and Harrison counties, a Stone County estate is filed in Stone County.
The clerk publishes a direct office phone, fax, email and weekday hours on the county site. Stone County does not publish a separate estate total on the county site, so use the Miss. Code Ann. § 25-7-9 statutory floor as the starting point and confirm the current amount with the clerk before filing.
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including the Stone County Chancery Court, were implemented in Mississippi Electronic Courts. The statewide trial-court rollout finished June 30, 2025. See https://courts.ms.gov/mec. |
| July 1, 2020 | The small estate affidavit ceiling became $75,000 under Miss. Code Ann. § 91-7-322, and the muniment of title procedure under Miss. Code Ann. § 91-5-35 was rewritten. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the fiduciary rules that apply to estates. |
| January 1, 2026 | Mississippi's two civil legal help providers use separate intake numbers. Stone County is served by Mississippi Center for Legal Services at 1-800-519-2915, with directory information at mslegalservices.org. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Stone 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 personal property is $75,000 or less after 30 days, the small estate affidavit under Miss. Code Ann. § 91-7-322 may be presented to the holder without a court filing. If a will devises the home and all known debts are paid, counsel may use muniment of title under Miss. Code Ann. § 91-5-35, and the house itself does not count against the ceiling. | Sunset helps identify accounts, deed issues and debts so the spouse can choose the right estate settlement path before filing in Wiggins. |
| Out-of-state adult child with a small estate | If 30 days have passed and the whole probate estate, excluding liens and encumbrances, is $75,000 or less in personal property, the Miss. Code Ann. § 91-7-322 affidavit is handed to the bank or other holder and is not filed anywhere. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02, and the paper filing goes to the Stone County Chancery Clerk. | Sunset gathers asset information, generates an attorney-ready packet and helps the child avoid unnecessary travel when the affidavit route fits. |
| Parent settling a predeceased child's estate, home must be sold | The Miss. Code Ann. § 91-7-322 affidavit cannot transfer the house. Depending on whether there is a will and whether all known debts are paid, the route is muniment of title under Miss. Code Ann. § 91-5-35 or a full administration filed with the Stone County Chancery Clerk. The chancellor fixes fiduciary compensation and attorney fees (Miss. Code Ann. § 91-7-299), and fees may not be based on the value of real property (UCCR 6.12(B)). Miss. Const. art. 6, § 159 places this estate work in chancery court. | Sunset helps organize the home, debts, possible heirs and sale-related documents, then connects the family with a Mississippi probate attorney. |
Self-help resources
| Resource | How it helps in Stone County | Contact |
|---|---|---|
| Stone County Chancery Clerk | Accepts Stone County estate filings, provides current filing-cost and counter-practice information and maintains the chancery court file. The clerk cannot provide legal advice. | 323 East Cavers Avenue, Wiggins, MS 39577. Phone 601-928-5266. Fax 601-928-6464. Email [email protected]. Website: https://www.stonecountyms.gov/chancery-clerk/. |
| Mississippi Judiciary chancery court information | Provides the chancery court landing page and the statewide chancery clerk cover sheet link. Mississippi chancery courts handle estate matters under Miss. Const. art. 6, § 159. | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Set fiduciary requirements for estates, including the attorney requirement in UCCR 6.02 and sworn filing requirements. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Attorneys file through MEC. Public remote viewing uses PAMEC with a registered account, and free viewing is available at the Stone County Chancery Clerk's office during business hours. | https://courts.ms.gov/mec |
| Mississippi Center for Legal Services | Stone County is served through the Gulfport service area. Families can check eligibility for civil legal help, but estate administration is not listed as a guaranteed service. Directory information is available at mslegalservices.org. | 1-800-519-2915. https://mscenterforlegalservices.org/ and https://www.mslegalservices.org/find-legal-help/directory/area |
| mslegalservices.org | Public legal-information site maintained by Mississippi's civil legal help providers, with a topic library, online forms section and service-area directory. | https://www.mslegalservices.org/ |
When to hire an attorney
For a full estate in Stone County, 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 term of the appointment, and the chancellor fixes the attorney fee. The useful exception is the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, because it is not a court filing and does not create a fiduciary. Families who cannot afford counsel should check eligibility with Mississippi Center for Legal Services at 1-800-519-2915 and mslegalservices.org, while understanding that estate administration may not be a service they accept. Sunset connects families to a vetted local probate attorney, which in Mississippi is the step the rules require for a court estate.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, retirement accounts, insurance, debts and other assets before the family chooses an estate settlement path.
Generate the probate packet. Sunset organizes the information a Mississippi attorney needs for the Stone County petition, including family details, asset lists, debt information and will status.
Find a local probate attorney. Mississippi requires a fiduciary to retain counsel for a full estate under UCCR 6.02, so Sunset helps connect families with a vetted attorney who can file in Stone County Chancery Court.
Sunset is free for families. Sunset is paid by partners, not by grieving families, so families can get estate settlement guidance, document organization and attorney connections without paying Sunset.
Frequently asked questions
Where do I file an estate case in Stone County?
File a Stone County estate case with the Stone County Chancery Clerk at 323 East Cavers Avenue in Wiggins. Stone County is in Mississippi's 8th Chancery Court District, but the Stone County case is filed in Stone County. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159), and venue for a will uses the fixed place of residence rule in Miss. Code Ann. § 91-7-1.
Does Stone County use electronic filing for estate cases?
Yes, through the Mississippi Electronic Courts system for attorneys. A self-represented party may have read-only PAMEC access but may not file electronically, and every estate case begins with a paper filing at the chancery clerk's counter. See https://courts.ms.gov/mec.
How much does it cost to open an estate in Stone County?
Stone County does not publish a separate estate total on the county site. Under the text of Miss. Code Ann. § 25-7-9 effective until December 31, 2027, the statutory floor is $85.00 for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments, totaling $140.00. Call the chancery clerk to confirm the current amount before filing.
Does Stone County have its own probate forms?
Stone County's forms page does not list a local estate form, small estate affidavit form or estate instruction sheet. Mississippi uses a chancery clerk cover sheet and attorney-drafted estate pleadings, and Uniform Chancery Court Rule 6.02 requires the fiduciary to retain an attorney for a full estate.
Can I use a small estate affidavit for Stone County property?
If 30 days have passed and the entire probate estate, wherever located and excluding liens and encumbrances, is $75,000 or less in personal property, the small estate affidavit under Miss. Code Ann. § 91-7-322 is presented to the bank, employer or other holder. It is not filed with the chancery clerk and it does not transfer real property.
Can a Stone County will be handled as muniment of title?
It may fit if the decedent left 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. Muniment of title is a petition filed in chancery court under Miss. Code Ann. § 91-5-35, so counsel should review it before filing.
How do I look up a Stone County estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec for remote public access with a registered account. The public may also view filed civil documents at the Stone County Chancery Clerk's office during regular business hours, with copy charges for copies.
Do I have to travel to Wiggins for a Stone County estate?
For the Miss. Code Ann. § 91-7-322 small estate affidavit, there is no courthouse filing. If letters testamentary or letters of administration are needed, the case is filed on paper in Wiggins, and the chancery court or the chancery clerk in vacation may grant letters subject to court approval (Miss. Code Ann. §§ 9-5-141, 9-5-147). Ask the chancery clerk and your attorney whether the chancellor will allow phone or video attendance for any hearing.
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.