Back to Mississippi
Union County, MS Probate Information
Quick facts
| Topic | Union County information |
|---|---|
| Court | Union County Chancery Court. Mississippi chancery courts have jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Union County Chancery Clerk, 109 E Main Street, New Albany, MS 38652. Phone: 662-534-1900. |
| Mailing address | 109 E Main Street, New Albany, MS 38652. |
| Hours | Monday through Friday, 8 a.m. to 5 p.m. Call 662-534-1900 before visiting near a deadline because no filing cutoff is stated. |
| Chancery court district | Mississippi's 1st Chancery Court District: Alcorn, Itawamba, Lee, Monroe, Pontotoc, Prentiss, Tishomingo and Union counties. File Union County matters in New Albany. |
| Filing fee | Union County does not publish a county total. Under the current text of Miss. Code Ann. § 25-7-9, effective until December 31, 2027, the opening cost has a $140.00 statutory floor: $85.00 for an estate of deceased, $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. Confirm the current amount 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, is presented to the property holder and needs no court filing or attorney (Miss. Code Ann. § 91-7-322). |
| E-filing | Attorneys file through Mississippi Electronic Courts. A self-represented party may have read-only PAMEC access but may not file electronically. Every estate opens with a paper filing at the chancery clerk's counter. Start at courts.ms.gov/mec. |
| Case search | MEC and PAMEC are the statewide access route at courts.ms.gov/mec. Remote access needs a registered PAMEC account and fees may apply. The public may view filed civil documents at the chancery clerk's office during regular business hours. |
| Local forms | The statewide chancery clerk cover sheet should be included. No Union County probate packet or Union County small estate affidavit form is published on the usable chancery clerk pages, so ask the clerk before filing. |
| Remote appearance | Ask the Union County Chancery Clerk. Whether a phone or video appearance is allowed is set by the chancellor and the 1st Chancery Court District's practice. The district's annual term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Website | Union County website: http://unioncoms.com/. Chancery clerk online land records portal: https://duprocess.unioncoms.com/. The land records portal is not an estate case search. |
Before you begin — know the assets and liabilities
Before you start estate settlement in Union County, list the assets, debts, title documents and account holders. The route depends on whether there is an original will, whether letters are needed, whether real property is involved and whether the personal property can be handled by the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322.
Sunset can help organize the estate settlement work before the attorney prepares the filing. Sunset searches across more than 2,300 financial institutions to help families find accounts, insurance, retirement assets and other property that may affect the probate plan.
Which court handles jurisdiction
Probate for Union County is filed with the Union County Chancery Clerk at 109 E Main Street in New Albany. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court. Mississippi chancery courts have jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159).
For a will, the venue rule is the chancery court of the county where the testator had a fixed place of residence (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration are granted by the chancery court of the county where the intestate had a fixed place of residence, with a different statutory ladder if there was no fixed place of residence (Miss. Code Ann. § 91-7-63). Chancery court is held in every county (Miss. Code Ann. § 9-5-3(1)).
Union County shares Mississippi's 1st Chancery Court District with Alcorn, Itawamba, Lee, Monroe, Pontotoc, Prentiss and Tishomingo counties. That district structure assigns chancellors; it does not send a Union County estate filing away from New Albany.
The jurisdiction process
- Gather the death certificate, the original will if there is one, deeds, account statements, debts and family contact information. The original will matters because original wills are kept by the clerk once filed (UCCR 9.03).
- Choose the route. If 30 days have passed and the whole probate estate is $75,000 or less in personal property, excluding liens and encumbrances, the small estate affidavit is presented to the bank, employer or other holder and is not filed with the court (Miss. Code Ann. § 91-7-322, effective July 1, 2020). If there is a will devising Mississippi real property, all known debts are paid and the non-real, non-exempt probate estate fits the § 91-7-322 amount, ask the attorney about muniment of title (Miss. Code Ann. § 91-5-35). Otherwise, plan for full administration.
- Retain an attorney if a full estate or muniment petition will be filed. Uniform Chancery Court Rule 6.02 requires every fiduciary to retain an attorney unless the fiduciary is licensed to practice law in Mississippi.
- 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, accounts, inventories and reports must be personally signed and sworn by the fiduciary (UCCR 6.14).
- File the petition on paper with the Union County Chancery Clerk at 109 E Main Street, New Albany, MS 38652, with the chancery clerk cover sheet and the cost deposit required by UCCR 9.01 and Miss. Code Ann. § 25-7-9. Confirm the current Union County amount with the clerk before filing.
- The chancery court, or the chancery clerk in vacation subject to court approval, admits the will to probate in common form and grants letters testamentary or letters of administration when the requirements are met (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147). The clerk's action is not final until approved by the court.
- Complete the oath and bond step if required by the court or clerk (Miss. Code Ann. § 91-7-41). Do not assume a bond result until the attorney reviews the will and the court's requirements.
- 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 clerk. Claims not registered within 90 days after the first publication are barred (Miss. Code Ann. § 91-7-151).
- Administer the estate by collecting assets, paying allowed debts and taxes, handling any real property issue, preparing required accountings, and asking the chancery court for a final decree of distribution and discharge.
Forms and documents
Probate forms in Union County
The Mississippi Judiciary publishes a statewide chancery clerk cover sheet, and the Uniform Chancery Court Rules describe what must be filed in fiduciary matters. Mississippi does not provide a single probate packet for families to fill out. In a full Union County estate, the petition is drafted by the attorney required by Uniform Chancery Court Rule 6.02.
No Union County probate packet or Union County small estate affidavit form appears on the usable chancery clerk pages. Before filing at 109 E Main Street in New Albany, call the Union County Chancery Clerk at 662-534-1900 to ask whether the office wants any local cover sheet, copies, envelopes or payment format beyond the statewide cover sheet.
Recent updates
| Date | Change | Why it matters in Union County |
|---|---|---|
| June 19, 2023 | All Mississippi chancery courts, including Union County Chancery Court, were implemented into Mississippi Electronic Courts. The statewide trial court rollout was completed June 30, 2025. | Attorneys use MEC after the paper opening filing, and public access runs through MEC and PAMEC at courts.ms.gov/mec. |
| July 1, 2020 | The small estate affidavit ceiling rose to $75,000 and the muniment of title procedure was rewritten (Miss. Code Ann. §§ 91-7-322, 91-5-35). | Families should not rely on older forms or older dollar figures when evaluating a Union County estate. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended. | Union County fiduciary filings should be checked against the current rules, including UCCR 6.02. |
| January 1, 2026 | North Mississippi Rural Legal Services and Mississippi Center for Legal Services began using separate intake hotlines. | Because Union County is not assigned to one provider on the published office lists, families should use mslegalservices.org and may need to call North Mississippi Rural Legal Services at 1-800-898-8731 and Mississippi Center for Legal Services at 1-800-519-2915. |
Scenarios
| Situation | Likely Union 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 within the $75,000 limit effective July 1, 2020, the small estate affidavit can be presented to the holder after 30 days (Miss. Code Ann. § 91-7-322). If a will devises the home and all known debts are paid, muniment of title may be the filing path in Union County Chancery Court (Miss. Code Ann. § 91-5-35). | Sunset helps identify accounts, debts and title documents so the attorney can decide whether estate settlement needs a court filing in New Albany. |
| Out-of-state adult child with a small estate | If the estate is only personal property, 30 days have passed and the whole probate estate is $75,000 or less excluding liens and encumbrances, the affidavit is presented to the bank or other holder rather than filed at the courthouse (Miss. Code Ann. § 91-7-322). If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02 and the petition opens on paper with the Union County Chancery Clerk. | Sunset can assemble the account list, documents and family information before connecting the child with a Mississippi probate attorney. |
| Parent settling a predeceased child's estate when a home must be sold | The § 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, full administration is filed with the Union County Chancery Clerk. 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 gather deed information, asset information and creditor details so the attorney can prepare the correct estate settlement filing. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Union County Chancery Clerk | Receives Union County estate filings, keeps the original will when filed and provides access to filed civil documents during regular business hours. The clerk cannot provide legal advice. | 109 E Main Street, New Albany, MS 38652. Phone: 662-534-1900. Website: http://unioncoms.com/. |
| Mississippi Judiciary chancery court information | Provides statewide chancery court information and the chancery clerk cover sheet link. | courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php |
| Uniform Chancery Court Rules | Explains Mississippi fiduciary rules, including UCCR 6.02, sworn filings, accounts and original-document handling. | courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Provides statewide electronic court access. Attorneys file through MEC; public remote viewing uses PAMEC, and in-office viewing is available at the clerk's office during regular business hours. | courts.ms.gov/mec. MEC Helpdesk: 601-576-4650. |
| mslegalservices.org | Offers public legal information and a directory-by-service-area lookup. Legal aid eligibility and probate coverage must be checked directly. | https://www.mslegalservices.org/find-legal-help/directory/area |
| North Mississippi Rural Legal Services | One of the two Mississippi civil legal aid providers families in an unmapped county should check for eligibility. Do not assume it will take an estate administration matter. | 1-800-898-8731. Call center hours: Monday through Thursday, 9:30 a.m. to 3:30 p.m. |
| Mississippi Center for Legal Services | One of the two Mississippi civil legal aid providers families in an unmapped county should check for eligibility. Do not assume it will take an estate administration matter. | 1-800-519-2915. |
When to hire an attorney
In a Mississippi full estate, attorney involvement is a rule, not just a recommendation. 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 attorney's fee. The counterweight is the $75,000 small estate affidavit, effective July 1, 2020: it is not filed with the court and needs no attorney when it fits Miss. Code Ann. § 91-7-322. A Union County family that cannot afford counsel should check mslegalservices.org, North Mississippi Rural Legal Services at 1-800-898-8731 and Mississippi Center for Legal Services at 1-800-519-2915, while understanding that estate administration may not be accepted. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families organize accounts, insurance, retirement assets, debts and real property information for estate settlement.
Generate the probate packet. Sunset turns the family and asset information into an organized packet that the Mississippi attorney can use to prepare the Union County chancery filing.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain an attorney for a full Mississippi estate, Sunset helps connect families with a vetted local probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the next step and get attorney options without paying Sunset a fee.
Frequently asked questions
Where do I file probate for Union County, Mississippi?
File with the Union County Chancery Clerk at 109 E Main Street, New Albany, MS 38652. Mississippi chancery courts handle matters testamentary and of administration (Miss. Const. art. 6, § 159).
Is Union County probate handled by the circuit clerk?
No. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court. In Union County, contact the Union County Chancery Clerk at 662-534-1900.
What does it cost to open an estate in Union County?
Union County does not publish a county total. Under the current text of Miss. Code Ann. § 25-7-9, effective until December 31, 2027, the statutory floor is $140.00, made up of $85.00 for an estate of deceased, $10.00, $40.00 and $5.00 statutory assessments. Confirm the current amount with the clerk before filing.
What are the Union County Chancery Clerk's hours?
The chancery clerk's posted hours are Monday through Friday, 8 a.m. to 5 p.m. Call 662-534-1900 before visiting near a deadline.
Do I need a lawyer for a Union County estate?
For a full estate, yes unless the fiduciary is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02 requires a fiduciary to retain an attorney. The $75,000 small estate affidavit, effective July 1, 2020, is different because it is presented to the property holder and is not a court filing (Miss. Code Ann. § 91-7-322).
Can I e-file a Union County estate?
An attorney files through Mississippi Electronic Courts after the paper opening filing. A self-represented party may have read-only PAMEC access but may not file electronically. Start with the statewide MEC and PAMEC page at courts.ms.gov/mec.
How do I look up a Union County chancery case?
Use MEC and PAMEC at courts.ms.gov/mec for the statewide access route. Remote PAMEC access requires registration and fees may apply. The public may also view filed civil documents at the Union County Chancery Clerk's office during regular business hours. The Union County online land records portal is not an estate case search.
Does Union County have local probate forms?
The statewide chancery clerk cover sheet should be included, and the Uniform Chancery Court Rules control fiduciary filings. No Union County probate packet or Union County small estate affidavit form appears on the usable chancery clerk pages, so call the clerk before filing.
Will I have to travel to New Albany?
If the estate fits the $75,000 small estate affidavit after 30 days, the affidavit is presented to the bank or other holder rather than filed with the court (Miss. Code Ann. § 91-7-322). If a court filing is needed, ask your Mississippi attorney and the Union County Chancery Clerk whether the chancellor will allow a phone or video appearance for any hearing.
What should I send with a Union County opening filing?
For a full estate, the attorney will prepare the petition, include the chancery clerk cover sheet, attach a copy of the will if there is one, and arrange the paper filing and cost deposit. The original will stays with the clerk once filed (UCCR 9.03).
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.