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Winston County, MS Probate Information
Quick facts
| Item | Winston County information |
|---|---|
| Court | Winston County Chancery Court. Mississippi chancery courts have jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Probate filings go to | Winston County Chancery Clerk, 662-773-3631. |
| Chancery court district | Mississippi's 6th Chancery Court District, with Attala, Carroll, Choctaw, Kemper, Neshoba and Winston counties. The district assigns chancellors; a Winston County case is filed in Louisville. |
| Courthouse address | 154 South Court Ave, Louisville, MS 39339. |
| Mailing address | Winston County Chancery Clerk, P.O. Box 69, Louisville, MS 39339. |
| Phone | 662-773-3631. |
| Fax | 662-773-8814. |
| [email protected]. | |
| Hours | Monday through Friday, 8 am to 5 pm. Call before traveling near a deadline because no filing cutoff is posted. |
| Filing fee | Winston County does not publish a local chancery estate total. In the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 accounts for a $140.00 floor to open an estate: $85.00 for a civil case that includes an estate of deceased, plus $10.00, $40.00 and $5.00 statutory assessments. Confirm the current amount with the chancery clerk before writing the check. |
| Attorney required | Yes for a full estate. Uniform Chancery Court Rule 6.02 requires a fiduciary, unless licensed to practice law in Mississippi, to retain an attorney. 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 | Winston County publishes no probate form, small estate affidavit form or probate instruction sheet of its own. Use the statewide chancery clerk cover sheet and the petition prepared by the attorney required under UCCR 6.02. |
| E-filing | Attorneys file through Mississippi Electronic Courts at https://courts.ms.gov/mec. A self-represented party may have read-only PAMEC access, but may not file electronically. An estate is opened with a paper filing at the chancery clerk's counter. |
| Case search | Use MEC and PAMEC through https://courts.ms.gov/mec. Remote viewing requires a registered PAMEC account and fees apply. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours. |
| Remote appearance | Ask the Winston County Chancery Clerk whether the chancellor will allow a phone or video appearance. The 6th Chancery Court District term order is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2). |
| Website | https://www.winstoncountyms.org/chancery-clerk.html. |
Before you begin — know the assets and liabilities
Before you choose a Winston County filing path, list the assets, debts, account holders and real estate. The right estate settlement route depends on whether the person left an original will, whether letters are needed, whether real property is involved and whether the available assets fit Mississippi's non-court small estate affidavit under Miss. Code Ann. § 91-7-322.
Sunset can search across more than 2,300 financial institutions to help identify accounts and assets before the Louisville filing is prepared. That asset map helps the attorney decide whether the family needs full administration, muniment of title under Miss. Code Ann. § 91-5-35 or a non-court affidavit process.
Which court handles jurisdiction
Probate for Winston County is filed with the Winston County Chancery Clerk at 154 South Court Ave in Louisville, Mississippi. Mail goes to P.O. Box 69, Louisville, MS 39339. Louisville is the county seat and courthouse city for Winston County and surrounding Winston County communities.
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 (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 different statutory fallbacks if there was no fixed place of residence (Miss. Code Ann. § 91-7-63). Chancery court is held in every Mississippi county (Miss. Code Ann. § 9-5-3(1)), and Mississippi chancery courts hold probate jurisdiction under Miss. Const. art. 6, § 159.
Winston County is part of Mississippi's 6th Chancery Court District with Attala, Carroll, Choctaw, Kemper and Neshoba counties. That district structure assigns chancellors and court terms; it does not move a Winston County filing out of Louisville. 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 one exists, account information, deed information and a list of debts before filing in Winston County.
- Choose the route. If the whole probate estate is $75,000 or less, excluding liens and encumbrances, and 30 days have passed, 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 sum, ask about muniment of title under Miss. Code Ann. § 91-5-35. Otherwise, use full administration.
- Retain an attorney unless the fiduciary is licensed to practice law in Mississippi. Uniform Chancery Court Rule 6.02 requires a fiduciary to retain an attorney for the entire appointment in a decedent's estate.
- 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 filings by a fiduciary must be personally signed and sworn under UCCR 6.14.
- File on paper with the Winston County Chancery Clerk at 154 South Court Ave in Louisville, or mail the filing to P.O. Box 69, Louisville, MS 39339 if the attorney is handling the submission that way. 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 vault under UCCR 9.03.
- The chancery court, or the chancery clerk in vacation subject to court approval, may admit a will in common form and grant letters testamentary or letters of administration (Miss. Code Ann. §§ 91-7-1, 91-7-63, 9-5-141). Nothing the clerk does is final until the court approves it (Miss. Code Ann. § 9-5-147).
- Post bond if required under Miss. Code Ann. § 91-7-41, unless the court or clerk handles the requirement differently in the order.
- The executor or administrator makes reasonably diligent efforts to identify creditors, mails notice to known creditors, files the required 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 under Miss. Code Ann. § 91-7-151.
- The fiduciary gathers assets, pays allowed debts and taxes, works with counsel on any accounting, and asks the chancery court for the final decree of distribution and discharge when the estate is ready to close.
Forms and documents
Probate forms in Winston County
Mississippi does not provide a statewide probate form packet for a full estate. The Mississippi Judiciary provides a statewide chancery clerk cover sheet, and the Uniform Chancery Court Rules set filing content requirements, including the will exhibit requirement in UCCR 6.15 and sworn fiduciary filings under UCCR 6.14. Because UCCR 6.02 requires a fiduciary to retain an attorney in a decedent's estate, the petition is drafted by counsel.
Winston County publishes no probate form, small estate affidavit form or probate instruction sheet of its own. Its Chancery Clerk Forms and Info page lists other county materials, but no probate packet. Confirm the current cover sheet and filing logistics with the Winston County Chancery Clerk before the attorney files.
Local nuance
Winston County-specific considerations
| Local point | What it means for a Winston County filing |
|---|---|
| Use the county government site | The chancery clerk page is on https://www.winstoncountyms.org/chancery-clerk.html. Do not use the similarly named economic development and chamber site for probate filing details. |
| Use the corrected courthouse address | File at 154 South Court Ave, Louisville, MS 39339. Mail goes to P.O. Box 69, Louisville, MS 39339. |
| Recovered contact details | The chancery clerk publishes fax 662-773-8814 and email [email protected]. |
| Land records are separate from case access | Winston County's online record tools are land record and tax tools. Estate case access runs through MEC and PAMEC at https://courts.ms.gov/mec, with free viewing at the chancery clerk's office during regular business hours. |
| No local estate fee table | Winston County does not publish a local chancery estate total. Confirm the current amount with the chancery clerk before filing; Miss. Code Ann. § 25-7-9 supplies the statutory fee framework in the text effective until December 31, 2027. |
| No local probate form | Winston County publishes no probate form of its own, so the attorney uses the statewide cover sheet and Mississippi chancery practice requirements. |
Recent updates
| Date | Update |
|---|---|
| June 19, 2023 | All Mississippi chancery courts, including Winston County Chancery Court, were implemented in Mississippi Electronic Courts. The statewide rollout finished June 30, 2025. See https://courts.ms.gov/mec. |
| July 1, 2020 | The small estate affidavit amount became $75,000 under Miss. Code Ann. § 91-7-322, and muniment of title was revised under Miss. Code Ann. § 91-5-35. |
| April 18, 2024 | The Uniform Chancery Court Rules were revised and amended, including the fiduciary attorney rule in UCCR 6.02. |
| January 1, 2026 | Mississippi's two civil legal aid providers moved to separate intake hotlines. North Mississippi Rural Legal Services serves Winston County at 1-800-898-8731, and the statewide directory is at mslegalservices.org. |
Scenarios
| Situation | Likely Winston 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 personal property is $75,000 or less, excluding liens and encumbrances, after 30 days, the spouse may use the small estate affidavit under Miss. Code Ann. § 91-7-322 by presenting it to the holder, not by filing it in court. If a will devises the home and all known debts are paid, ask counsel about muniment of title under Miss. Code Ann. § 91-5-35; the house itself does not count against that route's ceiling. | Sunset helps identify accounts and deeds so the attorney can see whether the estate settlement needs a Louisville filing or can use a non-court affidavit for personal property. |
| Out-of-state adult child with a small estate | If 30 days have passed and the entire probate estate is $75,000 or less, excluding liens and encumbrances, the Miss. Code Ann. § 91-7-322 affidavit is handed to the bank or employer and no trip to Louisville is needed for that affidavit. If letters are needed, the child must retain a Mississippi attorney under UCCR 6.02 and the attorney opens the estate on paper with the Winston County Chancery Clerk. | Sunset organizes account discovery and can help generate the document packet the attorney reviews, reducing back-and-forth before anyone travels. |
| 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, muniment of title under Miss. Code Ann. § 91-5-35 may fit; otherwise full administration is filed in Winston County Chancery Court. The chancellor fixes fiduciary compensation and attorney fees 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. | Sunset helps locate assets, prepare an estate settlement plan and connect the family with a vetted Mississippi probate attorney for the required court process. |
Self-help resources
Winston County does not publish a probate self-help center. Use the chancery clerk for filing logistics, the Mississippi Judiciary for chancery court materials, MEC and PAMEC for case access, and mslegalservices.org to check civil legal aid eligibility. The clerk can accept filings and provide copies, but cannot provide legal advice.
| Resource | How it helps |
|---|---|
| Winston County Chancery Clerk | 154 South Court Ave, Louisville, MS 39339. Mail: P.O. Box 69, Louisville, MS 39339. Phone 662-773-3631. Fax 662-773-8814. Email [email protected]. Hours are Monday through Friday, 8 am to 5 pm. Website: https://www.winstoncountyms.org/chancery-clerk.html. |
| Mississippi Judiciary chancery court page | https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php. Lists the chancery court districts and links to the statewide chancery clerk cover sheet. Mississippi chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159. |
| Uniform Chancery Court Rules | Use these rules for Mississippi fiduciary practice. UCCR 6.02 requires a fiduciary to retain an attorney, UCCR 6.14 and 6.15 address sworn filings and will exhibits, UCCR 9.01 addresses cost deposits and UCCR 9.03 keeps original wills in the clerk's vault. |
| Mississippi Electronic Courts and PAMEC | https://courts.ms.gov/mec. Attorneys file through MEC. A self-represented party may have read-only PAMEC access. Free viewing of filed civil documents is available at the chancery clerk's office during regular business hours. Helpdesk: [email protected] or 601-576-4650. |
| mslegalservices.org | Statewide public legal information site maintained by Mississippi's civil legal aid providers, with a directory searchable by service area at https://www.mslegalservices.org/find-legal-help/directory/area. |
| North Mississippi Rural Legal Services, West Point office | Legal aid provider for Winston County. Intake hotline: 1-800-898-8731. Call center hours are Monday through Thursday, 9:30 to 3:30. Estate administration is not on its published service list, so use it to check eligibility and ask what civil help may be available. |
| North Mississippi Rural Legal Services Heirs' Property Program | https://nmrls.com/heirs-property-program/. Phone 1-800-498-1804. The program works on land inherited by multiple family members without clear title. It is not a promise of probate representation. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, insurance and other assets that may affect the Winston County estate settlement path.
Generate the probate packet. Sunset organizes the information families need for the attorney's petition, cover sheet, asset list and supporting documents before the paper filing is made with the Winston County Chancery Clerk.
Find a local probate attorney. Because UCCR 6.02 requires a fiduciary to retain an attorney for a full Mississippi estate, Sunset can connect the family with a vetted local probate attorney who handles chancery court filings.
Sunset is free for families. Sunset is paid by partners, not by grieving families, so families can use the estate settlement tools and attorney connection without paying Sunset.
Frequently asked questions
Where do I file probate in Winston County?
File with the Winston County Chancery Clerk at 154 South Court Ave, Louisville, MS 39339. Mississippi chancery courts handle matters testamentary and of administration under Miss. Const. art. 6, § 159, and venue for a will depends on the testator's fixed place of residence under Miss. Code Ann. § 91-7-1.
Which clerk handles Winston County probate?
Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court. In Winston County, estates go to the Winston County Chancery Clerk in Louisville.
Can I e-file a Winston County estate case?
Attorneys file through MEC at https://courts.ms.gov/mec after the case is opened. A self-represented party may have read-only PAMEC access but may not file electronically. An estate is opened with a paper filing at the Winston County Chancery Clerk's counter.
Does Winston County publish probate forms?
Winston County publishes no probate form, small estate affidavit form or probate instruction sheet of its own. Mississippi uses a statewide chancery clerk cover sheet, and the petition is prepared by the attorney required for a fiduciary under UCCR 6.02.
What is the filing fee for probate in Winston County?
Winston County does not publish a local estate total. In the text effective until December 31, 2027, Miss. Code Ann. § 25-7-9 accounts for a $140.00 floor to open an estate, made up of $85.00 plus $10.00, $40.00 and $5.00 statutory assessments. Call 662-773-3631 to confirm the current amount before writing the check.
Can I handle a small estate in Winston County without court?
Yes, if the Mississippi small estate affidavit fits. After 30 days, a successor may present the affidavit to the bank, employer or other holder when the entire probate estate is $75,000 or less, excluding liens and encumbrances, under Miss. Code Ann. § 91-7-322. The affidavit is not filed with the chancery clerk and does not transfer real property.
Can I attend a Winston County probate hearing by phone or video?
Ask the Winston County Chancery Clerk before assuming. Whether a phone or video appearance is allowed depends on the chancellor and the practice of Mississippi's 6th Chancery Court District. The annual term order for the district is posted in the chancery clerk's office under Miss. Code Ann. § 9-5-3(2).
How do I look up a Winston County estate case?
Use MEC and PAMEC through https://courts.ms.gov/mec. Remote viewing requires a registered PAMEC account and fees apply. Free viewing of filed civil documents is available at the Winston County Chancery Clerk's office during regular business hours.
Do I have to travel to Louisville for a Winston County estate?
Not always. If the Miss. Code Ann. § 91-7-322 small estate affidavit fits, it is presented to the holder and no court trip is needed for that affidavit. If letters testamentary or letters of administration are needed, the fiduciary must retain an attorney under UCCR 6.02, and the attorney can advise what must be signed, mailed or attended in Louisville. The chancery clerk may act in common form under Miss. Code Ann. § 9-5-141, but nothing the clerk does is final until court approval under Miss. Code Ann. § 9-5-147.
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.