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Wayne County, MS Probate Information
Quick facts
| Topic | Wayne County information |
|---|---|
| Court | Wayne County Chancery Court (Miss. Const. art. 6, § 159) |
| Probate filings go to | Wayne County Chancery Clerk, Wayne County Courthouse, 609 Azalea Drive, Waynesboro, MS 39367 |
| Mailing | No separate mailing address is listed by the county. Call the chancery clerk before mailing original papers. |
| Phone | 601-735-2873 |
| Fax | 601-735-6224 |
| [email protected] | |
| Hours | Call 601-735-2873 before visiting. The county site does not list public office hours, a midday closure or a filing cutoff. |
| Website | https://www.waynecounty.ms/chancery-clerk/ |
| Filing fee | Wayne County does not list a local estate fee total. 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, for a $140.00 floor. 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 serving as executor or administrator to retain an attorney unless the fiduciary is licensed to practice law in Mississippi. The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, is presented to the property holder and needs no court filing and no attorney. |
| 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 case begins with a paper filing at the chancery clerk's counter. MEC and PAMEC information: https://courts.ms.gov/mec/mec.php |
| Case search | Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote access requires a registered PAMEC account, and free viewing is available at the chancery clerk's office during business hours, with copy charges for copies. |
| Local forms | Wayne County does not list a local estate packet, probate instruction sheet or local small estate affidavit under Miss. Code Ann. § 91-7-322. Mississippi provides a Chancery Clerk Cover Sheet, and the estate petition is drafted by the attorney required by UCCR 6.02. |
| Remote appearance | Ask the chancery clerk how the chancellor handles any requested phone or video appearance. Chancery term information is set through the district process and posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
Before you begin — know the assets and liabilities
Before you choose a Wayne County filing path, list the assets, debts, deed information, account beneficiaries and whether the original will exists. Estate settlement in Mississippi depends on the difference between property that needs court authority, property that passes outside the estate and personal property that may fit the small estate affidavit under Miss. Code Ann. § 91-7-322.
Sunset's asset discovery searches more than 2,300 financial institutions to help families identify accounts before they pay court costs or ask a Mississippi attorney to prepare a petition. That preparation is especially important in Wayne County because the clerk does not list office hours or a local estate fee total online, so you should call the chancery clerk before traveling to Waynesboro.
Which court handles jurisdiction
Probate for Wayne County is filed with the Wayne County Chancery Clerk at the Wayne County Courthouse, 609 Azalea Drive, Waynesboro, MS 39367. Wayne County is in Mississippi's 19th Chancery Court District with Jones County, but that district assignment concerns chancellors and scheduling. A Wayne County estate is filed at this county's courthouse.
Mississippi law provides different venue ladders for wills and intestate estates. A will is proved and letters testamentary are granted by 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). Letters of administration for an intestate estate are granted by the chancery court of the county where the intestate had a fixed place of residence, then where the intestate owned land, then where the intestate died (Miss. Code Ann. § 91-7-63). Chancery court is held in each county under Miss. Code Ann. § 9-5-3(1), and Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court.
The jurisdiction process
- Gather the death certificate, the original will if there is one, deed information, account statements and creditor information. The original will is a physical filing item and remains in the chancery clerk's custody under UCCR 9.03.
- Choose the path before opening a case. If 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, and consists of 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 the 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 amount effective July 1, 2020, the attorney may consider muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- Retain a Mississippi probate attorney unless the executor or administrator is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02 requires every fiduciary 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 under UCCR 6.15, and pleadings, accounts, inventories and reports filed by a fiduciary must be personally signed and sworn under UCCR 6.14.
- File the paper petition at the Wayne County Chancery Clerk's counter at 609 Azalea Drive in Waynesboro. Include the chancery clerk cover sheet and the court cost deposit required by UCCR 9.01 and Miss. Code Ann. § 25-7-9. 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, totaling a $140.00 floor, but call the clerk for the current Wayne County total.
- The chancery court, or the chancery clerk in vacation, meaning between court terms, subject to court approval, may admit a will to probate in common form and grant letters testamentary or letters of administration. The clerk's acts are not final until approved by the court (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141, 9-5-147).
- File the oath and any bond the court or clerk requires. Miss. Code Ann. § 91-7-41 addresses the executor's oath and bond approval, but the amount and any waiver issue should be handled by the attorney.
- 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 then publishes notice to creditors for three consecutive weeks under 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 under Miss. Code Ann. § 91-7-151.
- Administer the estate, pay approved debts and taxes, handle any required accounting, seek the chancellor's approval where required and close with a final decree of distribution and discharge. The chancellor fixes compensation for the fiduciary and attorney under Miss. Code Ann. § 91-7-299, and UCCR 6.12(B) says those fees may not be based on the value of real property.
Forms and documents
Probate forms in Wayne County
Mississippi provides a Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules, but it does not provide a statewide packet of estate petition forms. In a full Wayne County estate, the petition is prepared by the attorney required for the fiduciary under Uniform Chancery Court Rule 6.02.
Wayne County's forms page does not list a local estate packet, a probate instruction sheet or a local small estate affidavit under Miss. Code Ann. § 91-7-322. If the estate may qualify for the $75,000 personal-property affidavit effective July 1, 2020, ask the bank, employer or other holder what affidavit format it accepts before preparing one.
Recent updates
| Date | Change | What it means in Wayne County |
|---|---|---|
| June 19, 2023 | All Mississippi chancery courts were implemented in Mississippi Electronic Courts. The all-court rollout finished June 30, 2025. | Wayne County attorneys use MEC after the estate is opened, but the estate still begins with a paper filing at the chancery clerk's counter. MEC information: https://courts.ms.gov/mec/mec.php |
| July 1, 2020 | The small estate affidavit amount became $75,000 under Miss. Code Ann. § 91-7-322, and muniment of title was updated under Miss. Code Ann. § 91-5-35. | Small personal-property estates may avoid a court filing, while certain will-and-real-property matters may use muniment of title if the statute's requirements are met. |
| January 1, 2026 | North Mississippi Rural Legal Services and Mississippi Center for Legal Services began using separate intake hotlines. | Because Wayne County is not assigned on the provider office pages, families should use the mslegalservices.org service-area directory and may need to call both 1-800-898-8731 and 1-800-519-2915. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Wayne 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, effective July 1, 2020, the small estate affidavit under Miss. Code Ann. § 91-7-322 may settle the remaining personal property without a Wayne County filing. If a will devises the home and all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may be the real-property route, and the house itself does not count against the statutory ceiling. | Sunset helps identify accounts, deed issues and beneficiary designations so the spouse can see whether estate settlement needs a Wayne County filing or can stay outside court. |
| Out-of-state adult child with a small estate | If 30 days have passed and the whole probate estate is $75,000 or less in personal property, excluding liens and encumbrances, the Miss. Code Ann. § 91-7-322 affidavit is handed to the bank or other holder, not filed in Waynesboro. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02 and the paper petition is filed with the Wayne County Chancery Clerk. | Sunset gathers institution information and prepares a probate packet so the attorney can decide whether letters are needed and whether the child must travel. |
| 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 all known debts are paid, muniment of title under Miss. Code Ann. § 91-5-35 may fit. Otherwise, full administration is filed with the Wayne County Chancery Clerk, and the fiduciary must retain counsel under UCCR 6.02. The chancellor fixes fiduciary and attorney compensation under Miss. Code Ann. § 91-7-299, and UCCR 6.12(B) bars basing those fees on real-property value. | Sunset helps organize the asset list, creditor picture and attorney referral needed for a court-supervised estate settlement in Wayne County. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Wayne County Chancery Clerk | Receives Wayne County estate filings, keeps original wills filed with the court and can confirm current hours, filing costs and local filing logistics. The clerk cannot provide legal advice. | 609 Azalea Drive, Waynesboro, MS 39367. Phone 601-735-2873. Fax 601-735-6224. Email [email protected]. Website https://www.waynecounty.ms/chancery-clerk/ |
| mslegalservices.org service-area directory | Wayne County is not assigned on the provider office pages. Use the directory to check which organization will screen your location and legal issue. Legal aid may not take estate matters. | https://www.mslegalservices.org/find-legal-help/directory/area |
| North Mississippi Rural Legal Services | One of the two Mississippi civil legal services providers. Call to check eligibility if the service-area directory points you there. | 1-800-898-8731. Call center hours are Monday through Thursday, 9:30 to 3:30. Website https://nmrls.com/ |
| Mississippi Center for Legal Services | One of the two Mississippi civil legal services providers. Call to check eligibility if the service-area directory points you there. | 1-800-519-2915. Website https://mscenterforlegalservices.org/ |
| Mississippi Judiciary Chancery Court page | Provides the chancery court district structure and the statewide Chancery Clerk Cover Sheet link used with chancery filings. | 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 filing requirements for petitions and sworn fiduciary papers. | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| MEC and PAMEC | Remote public access uses PAMEC, and free viewing is available at the chancery clerk's office during regular business hours. Attorneys use MEC for electronic filing after the paper opening filing. | https://courts.ms.gov/mec/mec.php |
When to hire an attorney
In a Wayne County full estate, hiring counsel is a rule, not just a practical choice. 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 advice and assistance during the entire appointment, and the chancellor fixes the attorney's fee. The practical exception is the $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, because it is presented to the holder of personal property and does not appoint a fiduciary. If cost is the issue, start with the mslegalservices.org directory and the two intake numbers listed above, understanding that legal aid may not take estate administration matters. Sunset connects families with a vetted local probate attorney, which Mississippi's rules require for a full Wayne County estate.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families identify accounts, benefits and debts before a Wayne County filing decision is made.
Generate the probate packet. Sunset organizes the estate settlement information an attorney needs, including asset details, known creditors, family information and the original-will checklist for filing with the chancery clerk.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary in a full Mississippi estate to retain an attorney, Sunset helps connect families with vetted probate counsel for Wayne County matters.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the likely path and decide what to ask the Wayne County Chancery Clerk or attorney before paying filing costs.
Frequently asked questions
Where do I file probate for Wayne County, Mississippi?
File a Wayne County estate with the Wayne County Chancery Clerk at the Wayne County Courthouse, 609 Azalea Drive, Waynesboro, MS 39367. Mississippi chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159, and venue for a will follows the fixed place of residence rule in Miss. Code Ann. § 91-7-1.
Does Wayne County have a separate probate filing office?
No separate estate-only office is listed. The Wayne County Chancery Clerk receives chancery filings for the Wayne County Chancery Court. Call 601-735-2873 before visiting because the county does not list office hours or a filing cutoff online.
Can I e-file a Wayne County estate case?
A self-represented party may not file electronically. Attorneys file through Mississippi Electronic Courts after the case is opened, and every estate begins with a paper filing at the chancery clerk's counter. MEC and PAMEC information is at https://courts.ms.gov/mec/mec.php.
How much is the Wayne County probate filing fee?
Wayne County does not list a local estate fee total online. 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 a $140.00 floor. Confirm the current total with the chancery clerk before filing.
Does Wayne County have local probate forms?
Wayne County does not list a local estate packet, estate instruction sheet or local small estate affidavit under Miss. Code Ann. § 91-7-322. Mississippi provides a Chancery Clerk Cover Sheet, and the petition for a full estate is drafted by the attorney required for the fiduciary under UCCR 6.02.
Can I use a small estate affidavit in Wayne County?
Yes, if the statewide requirements fit. After 30 days, a successor may present the small estate affidavit to the bank, employer or other holder when the entire probate estate is $75,000 or less, excluding liens and encumbrances, and the property is personal property (Miss. Code Ann. § 91-7-322, effective July 1, 2020). The affidavit is not filed with the Wayne County Chancery Clerk.
Will I have to attend a Wayne County hearing in person?
Do not assume either way. Whether a phone or video appearance is allowed is set by the chancellor and district practice. Ask the Wayne County Chancery Clerk about the current process, and ask whether the 19th Chancery Court District term order affects scheduling under Miss. Code Ann. § 9-5-3(2).
How do I look up a Wayne County estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec/mec.php. Remote access requires a registered PAMEC account, and free viewing of filed civil documents is available at the chancery clerk's office during business hours, with copy charges for copies.
Do I need a lawyer for Wayne County probate?
For a full estate, yes unless the fiduciary is licensed to practice law in Mississippi. UCCR 6.02 requires an executor or administrator to retain an attorney during the entire appointment. The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322, effective July 1, 2020, is different because it is not a court filing and does not appoint a fiduciary.
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.