Mississippi Probate Information
Quick facts
| Topic | Mississippi rule |
|---|---|
| Court | Probate is handled in the chancery court of the decedent's county. The Mississippi Constitution gives chancery courts jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159). |
| Judge | The judge is a chancellor. |
| Where to file | File with the chancery clerk of the county of venue, at that county's own courthouse, on paper. A will is proved and letters are granted in the chancery court (Miss. Code Ann. § 91-7-1, Miss. Code Ann. § 91-7-63). |
| Filing officer | The filing officer is the chancery clerk in all 82 counties. The clerk may take proof of a will, admit it in common form and grant letters, but every act is subject to court approval and is not final until approved (Miss. Code Ann. § 9-5-141, Miss. Code Ann. § 9-5-147). |
| Chancery court districts | Mississippi has 20 chancery court districts. They group chancellors and set terms of court; they do not move a case away from the decedent's county courthouse (Miss. Code Ann. § 9-5-3(1)). |
| 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 for the entire appointment. The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 is different: it is not a court filing and no fiduciary is appointed. |
| Filing fee | Miss. Code Ann. § 25-7-9 sets an $85.00 chancery clerk fee for an estate of deceased, 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 floor. Counties publish totals above that floor, so confirm the current amount with the chancery clerk before writing the check. |
| Small estate affidavit | After thirty (30) days, if the entire probate estate wherever located, excluding all liens and encumbrances, does not exceed $75,000, a successor may present the affidavit to the holder of personal property. It is not filed with any court (Miss. Code Ann. § 91-7-322). |
| Real property route | Muniment of title may be available when the decedent left a will devising Mississippi real property, all known debts are paid and the non-real, non-exempt Mississippi probate estate is within the sum cross-referenced from Miss. Code Ann. § 91-7-322 (Miss. Code Ann. § 91-5-35). |
| Creditor claims | Claims must be registered, probated and allowed within ninety (90) days after the first publication of the notice to creditors, or they are barred (Miss. Code Ann. § 91-7-151, Miss. Code Ann. § 91-7-145). |
| Forms | The Judiciary publishes a statewide Chancery Clerk Cover Sheet and the Uniform Chancery Court Rules. Mississippi does not publish a single probate form packet for opening an estate; the attorney drafts the petition. |
| E-filing | Attorneys file through Mississippi Electronic Courts, MEC. A person without a lawyer may have a read-only PAMEC account but may not file electronically, and every estate begins with a paper filing at the chancery clerk's counter (courts.ms.gov/mec). |
| Case search | Remote viewing needs a registered PAMEC account. The Judiciary charges an annual registration fee and a per-page charge for viewing documents, restricts remote access in some categories of case and gives current amounts through courts.ms.gov/mec or the MEC Helpdesk at 601-576-4650. Documents filed in the system can be viewed for free at the chancery clerk's office during regular business hours. |
| Remote appearance | Phone or video attendance is set by the chancellor and the district's practice. Ask the chancery clerk; in a multi-county district, the annual term order is posted in each county's chancery clerk's office (Miss. Code Ann. § 9-5-3(2)). |
| Taxes | Mississippi has no estate tax for deaths on or after January 1, 2005, and no inheritance tax or gift tax, according to the Mississippi Department of Revenue. |
Before you begin — know the assets and liabilities
Before choosing a Mississippi estate settlement path, identify the assets, debts and title documents first. The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 measures the entire probate estate wherever located, excluding liens and encumbrances, while muniment of title under Miss. Code Ann. § 91-5-35 excludes real property and the exempt property described in Miss. Code Ann. § 91-7-117. Sunset's 2,300-institution asset discovery helps families find accounts, policies and balances before they choose the wrong route.
The liability side matters too. Muniment of title requires all known debts, including estate and income taxes, to be paid (Miss. Code Ann. § 91-5-35). In an intestate estate, if the preferred family member does not apply within thirty (30) days from death, the chancery court may grant administration to a creditor or another suitable person (Miss. Code Ann. § 91-7-63).
Which court handles probate
Mississippi probate is organized county by county. There is a chancery court and a chancery clerk in every one of the 82 counties, and the Mississippi Constitution places matters testamentary and of administration in the chancery court (Miss. Const. art. 6, § 159). Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court (Miss. Code Ann. § 91-7-1, Miss. Code Ann. § 91-7-63).
Venue depends on whether there is a will. A will is proved, and letters testamentary are granted, in 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, the filing is in the county where the land, or part of it, is located (Miss. Code Ann. § 91-7-1). For an intestate estate, letters of administration are granted in the county where the intestate had a fixed place of residence, then the county where the intestate owned land, then the county where the intestate died (Miss. Code Ann. § 91-7-63).
Later suits about the executor's or administrator's official duties, for an accounting and settlement, for distribution of a decedent's personal property among the heirs, or for payment of legacies are brought in the same chancery court that admitted the will or granted the letters (Miss. Code Ann. § 11-5-1).
The 82 counties are grouped into 20 chancery court districts. A district groups chancellors and sets terms of court, but the case is filed at the decedent's own county courthouse (Miss. Code Ann. § 9-5-3(1)). Ten counties have two judicial districts and two courthouses: Bolivar, Carroll, Chickasaw, Harrison, Hinds, Jasper, Jones, Panola, Tallahatchie and Yalobusha. Chancery court is held in both judicial districts of those counties, and the family should ask that county's chancery clerk which courthouse takes the estate filing (Miss. Code Ann. § 9-5-3(1)).
The probate process
- Gather the death certificate and the original will, if there is one. The original will goes to the chancery clerk and stays in the clerk's custody unless the chancellor orders otherwise (UCCR 9.03).
- List what the decedent owned and owed. This estate settlement step decides whether the family can use an affidavit, a muniment of title petition or a full administration.
- Choose the route. Use the small estate affidavit only if the entire probate estate wherever located, excluding liens and encumbrances, is $75,000 or less in personal property and thirty (30) days have passed (Miss. Code Ann. § 91-7-322). Use muniment of title only if there is a will devising Mississippi real property, all known debts are paid and the non-real, non-exempt Mississippi probate estate is within the Miss. Code Ann. § 91-7-322 sum (Miss. Code Ann. § 91-5-35). Otherwise use full administration.
- For full administration, retain a Mississippi attorney. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire 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 a fiduciary must be personally signed and sworn by the fiduciary (UCCR 6.14).
- File on paper with the chancery clerk in the county of venue. Include the statewide Chancery Clerk Cover Sheet the Judiciary publishes, asking the chancery clerk whether it is required with the filing, and pay the court cost deposit when the petition is filed (UCCR 9.01, Miss. Code Ann. § 25-7-9).
- The chancery court, or the chancery clerk in term time or in vacation, may admit the will in common form and grant letters testamentary or letters of administration. In vacation means between terms of court. Nothing the clerk does is final until the court approves it (Miss. Code Ann. § 91-7-1, Miss. Code Ann. § 91-7-63, Miss. Code Ann. § 9-5-141, Miss. Code Ann. § 9-5-147).
- Address bond if required. Miss. Code Ann. § 91-7-41 requires a bond in a penalty equal to the full value of the estate, with sureties approved by the court or the clerk. Whether a bond can be excused is a question for the estate's Mississippi attorney and the chancellor.
- Identify creditors before publishing. The executor or administrator must make reasonably diligent efforts to identify creditors, mail each identified creditor notice, file the diligent-search affidavit with the clerk and only then publish the notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-145).
- Handle claims. Creditors probate and register claims with the clerk, meaning they present and register the claim. Claims not registered, probated and allowed within ninety (90) days after the first publication are barred (Miss. Code Ann. § 91-7-151).
- Pay allowed debts and taxes, keep vouchers and account to the court. The rules require disbursements to be supported by proper vouchers and shown with the required detail (UCCR 6.05, UCCR 6.06).
- Seek compensation, distribution and discharge. The chancellor fixes the executor's or administrator's compensation and any attorney fee, and neither may be based on the value of real property (Miss. Code Ann. § 91-7-299, UCCR 6.12).
Types of probate
| Route | When it fits | What happens | Cite |
|---|---|---|---|
| Small estate affidavit | The entire probate estate, wherever located, excluding all liens and encumbrances, does not exceed $75,000; at least thirty (30) days have passed since death; no personal representative has been appointed anywhere and no application is pending. Personal property only. | The successor signs an affidavit and presents it to whoever holds the property, such as a bank, employer or transfer agent. There is no court filing, no case number and no appointed fiduciary. | Miss. Code Ann. § 91-7-322 |
| Muniment of title | The decedent died with a will that devises Mississippi real property; the Mississippi probate estate, excluding real property and the exempt property in Miss. Code Ann. § 91-7-117, is within the sum set in Miss. Code Ann. § 91-7-322; and all known debts, including estate and income taxes, are paid. | The will is admitted to probate as a muniment of title only, on a signed and sworn petition, without administration and without appointing an executor or administrator. | Miss. Code Ann. § 91-5-35 |
| Full administration, testate | There is a will and the estate needs a personal representative, such as when debts must be handled, property must be sold or the affidavit and muniment routes do not cover the property. | The will is proved and letters testamentary are granted by the chancery court, or by the chancery clerk in term time or in vacation subject to court approval. | Miss. Code Ann. § 91-7-1; Miss. Code Ann. § 9-5-141; Miss. Code Ann. § 9-5-147 |
| Full administration, intestate | There is no will and the estate needs a personal representative. | Letters of administration are granted by the chancery court of the county where the intestate had a fixed place of residence, then the county where the intestate owned land, then the county where the intestate died. If the preferred family member does not apply within thirty (30) days from death, the court may grant administration to a creditor or another suitable person. | Miss. Code Ann. § 91-7-63 |
| Payment of wages and salary | The decedent left wages, salary or other compensation due from an employer. | The debtor may pay the amount directly to the surviving spouse, then adult children, then the mother, then the father, then adult siblings. If none of those exists, or if the children or siblings entitled are minors, payment may be made to the chancery clerk of the county where the decedent resided or died. | Miss. Code Ann. § 91-7-323 |
Executor duties
Executor duties in Mississippi
| Duty | Mississippi rule |
|---|---|
| Retain counsel | Every fiduciary must retain an attorney for the entire appointment unless the fiduciary is licensed to practice law in Mississippi (UCCR 6.02). |
| Move the estate forward | The fiduciary must see that creditor publication, inventories, appraisements, accounts and other required proceedings are made, filed and presented on time, and that the estate is completed and assets distributed in a timely manner (UCCR 6.03). |
| Update the clerk after an address change | The fiduciary must notify the chancery clerk in writing of every address change not later than five days after the change, until relieved by court order (UCCR 6.03(C)). |
| Sign and swear to filings | Pleadings, accounts, inventories and reports filed by a fiduciary must be personally signed and sworn by the fiduciary (UCCR 6.14). |
| Attach the will copy | Every petition to probate a will must attach a copy of the will as an exhibit (UCCR 6.15). |
| Deliver the original will | The chancery clerk keeps original wills, bonds, bank receipts and disputed documents locked in the clerk's office, and they leave custody only on an order of the chancellor (UCCR 9.03). |
| Give creditor notice in the correct order | Make reasonably diligent efforts to identify creditors, mail notice to each identified creditor, file the diligent-search affidavit, then publish the notice to creditors for three consecutive weeks (Miss. Code Ann. § 91-7-145). |
| Support disbursements | Annual accounts must list assets, and disbursements must be supported by proper vouchers and shown with the required detail (UCCR 6.04, UCCR 6.05, UCCR 6.06). |
| Set apart exempt property | The executor or administrator must set apart to the widow and children, or to the widow or children as the statute provides, personal property exempt by law from execution (Miss. Code Ann. § 91-7-117). |
| Ask for compensation through the court | A petition for commissions must show the total estate, disbursements, balance on hand, services, expenses and prior allowances (UCCR 6.12). |
| File accountings when directed | Failure to file accountings or other fiduciary matters after written direction from the court may be treated as contempt (UCCR 6.16). |
Forms and documents
Probate forms in Mississippi
The Mississippi Judiciary publishes a Chancery Clerk Cover Sheet for chancery filings and the Uniform Chancery Court Rules, but not a single probate form packet for opening an estate. Ask the chancery clerk whether the cover sheet is required with the filing. The rules set content requirements, including a copy of the will attached as an exhibit to the petition (UCCR 6.15) and fiduciary pleadings, accounts, inventories and reports personally signed and sworn by the fiduciary (UCCR 6.14).
The petition itself is drafted by the attorney that Uniform Chancery Court Rule 6.02 requires for a full estate. Individual chancery clerks may publish local instruction sheets or forms, and any county small estate form should be checked against the current $75,000 amount in Miss. Code Ann. § 91-7-322.
Fees
Miss. Code Ann. § 25-7-9 sets the current statutory floor for opening an estate in chancery court: $85.00 to the chancery clerk for an estate of deceased, 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. Those four lines total $140.00. Counties publish their own totals above that floor, so confirm the current amount with the county chancery clerk before filing.
County schedules reviewed show why the state figure should not be treated as the total everywhere. Two county schedules dated January 1, 2020 publish $158.00 for an estate and $148.00 for a muniment of title under Miss. Code Ann. § 25-7-9, and one county adds a $26.00 land records recording charge to those totals. The difference above the $140.00 statutory floor should be read as a county-published total, not a separate Mississippi rule.
The court cost deposit is made with the petition (UCCR 9.01). Miss. Code Ann. § 25-7-9 also lists $1.00 for certifying a complete filed document, $0.50 per page for copies made by the clerk or an employee, $0.25 per page for copies made by someone else, and $25.00 for recording the first five pages of a deed, will, decree or other listed document, plus $1.00 for each additional page. Service and publication costs are separate: if the filer wants the clerk to pay service or publication charges, the clerk may demand the actual charges at filing (Miss. Code Ann. § 25-7-9(4)). The newspaper's charge is the newspaper's, not the court's.
The Mississippi Judiciary publishes an application for a waiver of court filing fees for a person who cannot afford them at https://courts.ms.gov/Legal/CivilLegal.php.
Timeline
- At least thirty (30) days must pass before a successor may use the small estate affidavit, and no personal representative may have been appointed in any jurisdiction or application be pending (Miss. Code Ann. § 91-7-322).
- In an intestate estate, if the family member the court would prefer does not apply within thirty (30) days from death, the court may grant administration to a creditor or another suitable person (Miss. Code Ann. § 91-7-63).
- The executor or administrator must identify creditors with reasonably diligent efforts, mail each identified creditor notice, file the diligent-search affidavit with the clerk, then publish the notice to creditors for three consecutive weeks and file proof of publication (Miss. Code Ann. § 91-7-145).
- Claims must be registered, probated and allowed within ninety (90) days after the first publication of the notice to creditors, or they are barred (Miss. Code Ann. § 91-7-151).
- If the estate is not more than $500.00, newspaper notice is dispensed with and notice is posted for thirty (30) days at the courthouse door and two other public places; the ninety (90) day claims bar then runs from the date notice is posted (Miss. Code Ann. § 91-7-147, Miss. Code Ann. § 91-7-151).
- The fiduciary must notify the chancery clerk in writing of every address change not later than five days after the change, until relieved by court order (UCCR 6.03(C)).
- An interested person has two years to contest the validity of a will probated without notice; after that, probate is final and forever binding, subject to the statute's rules for infants, persons of unsound mind and concealed fraud (Miss. Code Ann. § 91-7-23).
- In a multi-county chancery court district, the annual order setting court terms is entered not later than October 1 of the preceding year and notice is posted in the chancery clerk's office of each county in the district (Miss. Code Ann. § 9-5-3(2)).
- The current muniment of title sworn-petition procedure applies to wills admitted to probate from and after July 1, 2020 (Miss. Code Ann. § 91-5-35, Miss. Code Ann. § 91-7-322).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Issue | What makes Mississippi different |
|---|---|
| Chancery court jurisdiction | Probate is a constitutional chancery court matter. Matters testamentary and of administration belong in chancery court, not in circuit court (Miss. Const. art. 6, § 159). |
| Universal chancery clerk | The chancery clerk is the filing officer in every county. The same office also keeps land records, so ask for the chancery court counter when contacting the clerk. |
| Clerk in term time or in vacation | The chancery clerk may take proof of a will, admit it in common form and grant letters testamentary or letters of administration in term time or in vacation, meaning between terms of court. Every act is subject to court approval and is not final until approved (Miss. Code Ann. § 9-5-141, Miss. Code Ann. § 9-5-147). |
| Attorney requirement | A Mississippi executor or administrator must retain an attorney unless personally licensed to practice law in Mississippi (UCCR 6.02). |
| Small estate affidavit | The affidavit is presented to the holder of personal property and filed nowhere. It is the route that can avoid both a court case and an appointed fiduciary (Miss. Code Ann. § 91-7-322). |
| Muniment of title | Muniment of title is the real-property route for a testate estate when the statutory conditions are met, and the house itself does not count against the ceiling because real property is excluded from the calculation (Miss. Code Ann. § 91-5-35). |
| Fee structure | Miss. Code Ann. § 25-7-9 sets a $140.00 floor, but counties publish their own totals above it. Do not assume the check amount is the same in every county. |
| Compensation | The chancellor fixes executor, administrator and attorney compensation, and fees may not be based on the value of real property (Miss. Code Ann. § 91-7-299, UCCR 6.12(B)). |
| Two courthouse counties | Bolivar, Carroll, Chickasaw, Harrison, Hinds, Jasper, Jones, Panola, Tallahatchie and Yalobusha have two judicial districts and two courthouses. Ask that county's chancery clerk which courthouse takes the estate filing (Miss. Code Ann. § 9-5-3(1)). |
Small-estate alternatives
Mississippi's small estate affidavit is a personal-property collection tool, not a court case. At any time after thirty (30) days from death, a successor may present an affidavit to a person who owes the decedent money or holds tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action. The affidavit must state that the entire probate estate wherever located, excluding all liens and encumbrances, does not exceed $75,000; that at least thirty (30) days have passed; that no personal representative has been appointed anywhere and no application is pending; the facts showing the affiant is a successor; the manner of distribution; and the successor's obligation to distribute to anyone with a superior right (Miss. Code Ann. § 91-7-322). The $75,000 amount has applied since July 1, 2020.
The statute's successor ladder is the spouse; if none, any child; if none, any grandchild; and if none, either parent or any sibling (Miss. Code Ann. § 91-7-322). A minor or incapacitated adult successor may be represented by a guardian, conservator, custodian or other personal representative.
The affidavit is handed to the holder, such as a bank, employer or transfer agent. It is not filed with a court and it does not transfer real property (Miss. Code Ann. § 91-7-322). The person who pays or delivers property under the affidavit is discharged as if dealing with a personal representative and does not have to investigate the affidavit. If a holder refuses, payment or delivery may be compelled in a chancery court proceeding under Miss. Code Ann. § 91-7-322.
Because no fiduciary is appointed, the Uniform Chancery Court Rule 6.02 attorney-retention rule does not reach this route. That is why the affidavit is often the simplest estate settlement path for personal property within the statute's amount.
Recent updates
| Change | Authority | Source |
|---|---|---|
| The small estate affidavit amount rose to $75,000, and the muniment of title procedure was rewritten as a signed and sworn petition needing no administration. | 2020 Senate Bill 2850, effective July 1, 2020; Miss. Code Ann. § 91-7-322; Miss. Code Ann. § 91-5-35 | https://billstatus.ls.state.ms.us/documents/2020/html/SB/2800-2899/SB2850SG.htm |
| The Uniform Chancery Court Rules were revised and amended, including Part Six on fiduciary matters. | Revised and amended effective April 18, 2024 | https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf |
| Mississippi Electronic Courts reached every trial court in the state. All chancery courts had been on MEC since June 19, 2023, and the statewide rollout finished on June 30, 2025 when the last circuit and county courts came on. | Mississippi Judiciary, announced July 2, 2025 | https://courts.ms.gov/news/view_news_page.php?article=3089 |
| Mississippi's two free civil legal services providers took separate intake hotline numbers. | Effective January 1, 2026. North Mississippi Rural Legal Services intake is 1-800-898-8731 and Mississippi Center for Legal Services intake is 1-800-519-2915. | https://www.mslegalservices.org/ |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Mississippi path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with title to the home. If the home passes outside the estate and the remaining personal property is $75,000 or less, excluding liens and encumbrances, the small estate affidavit may settle the rest after thirty (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 right court petition, and the home itself does not count against the ceiling (Miss. Code Ann. § 91-5-35). | Sunset helps find accounts and policies so the spouse can tell whether the remaining probate estate fits the affidavit. Sunset also helps organize the documents the attorney and chancery clerk will need if a muniment petition is the better route. |
| Out-of-state adult child with a small estate | If at least thirty (30) days have passed and the entire probate estate wherever located, excluding liens and encumbrances, is $75,000 or less in personal property, the adult child may use the affidavit by presenting it to the bank, employer or transfer agent. No Mississippi court filing is created (Miss. Code Ann. § 91-7-322). If letters are needed, the child must retain a Mississippi attorney (UCCR 6.02). | Sunset helps confirm whether there are accounts beyond the obvious bank balance and prepares a route checklist. If a full estate is needed, Sunset connects the family with a vetted Mississippi probate attorney. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit cannot transfer the house because it is personal property only (Miss. Code Ann. § 91-7-322). If the child left a will devising Mississippi real property and all known debts are paid, muniment of title may fit (Miss. Code Ann. § 91-5-35). Otherwise the parent needs full administration and must retain a Mississippi attorney (UCCR 6.02). The chancellor fixes fiduciary and attorney compensation, and neither may be based on the value of real property (Miss. Code Ann. § 91-7-299, UCCR 6.12(B)). | Sunset helps collect asset, debt and title information before the attorney drafts the filing, then keeps estate settlement tasks organized through creditor notice, claims, sale preparation and closing steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Mississippi Judiciary, Chancery Courts https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php | State court page for chancery courts, including the 20 chancery court districts, county groupings and the link to the Chancery Clerk Cover Sheet. |
| Statewide Chancery Clerk Cover Sheet https://courts.ms.gov/trialcourts/chancerycourt/Chancery%20Clerk%20Cover%20Sheet%202022%20fillable.pdf | The fillable cover sheet the Judiciary publishes for chancery filings. Ask the chancery clerk whether it is required with the filing. |
| Uniform Chancery Court Rules https://courts.ms.gov/research/rules/msrulesofcourt/uniform_chancery_rules.pdf | The rules governing chancery practice, including the fiduciary attorney requirement in UCCR 6.02, sworn filings, accountings, vouchers and original wills. |
| Mississippi Electronic Courts and PAMEC https://courts.ms.gov/mec/mec.php | Attorneys file through MEC. Remote viewing needs a registered PAMEC account, the Judiciary charges an annual registration fee and a per-page charge for viewing documents, and remote access is restricted in some categories of case. Current amounts come from courts.ms.gov/mec or the MEC Helpdesk at 601-576-4650. Documents filed in the system can be viewed for free at the chancery clerk's office during regular business hours. |
| MSLegalServices.org https://www.mslegalservices.org/ | Public legal information site maintained by Mississippi's two free civil legal services providers. It includes legal information, online legal forms and a legal aid directory searchable by service area. |
| Legal aid directory by service area https://www.mslegalservices.org/find-legal-help/directory/area | Use this lookup to find which provider serves a county. Do not assume coverage from geography. |
| North Mississippi Rural Legal Services https://nmrls.com/ | Free civil legal help for eligible low-income people in the northern counties. Intake is 1-800-898-8731. Its published service list does not include estate administration, so treat it as a place to check eligibility. It also runs an Heirs' Property Program for inherited land and unclear title. |
| Mississippi Center for Legal Services https://mscenterforlegalservices.org/ | Free civil legal assistance for eligible low-income people in central and southern Mississippi. Intake is 1-800-519-2915. Treat it as a place to check eligibility rather than as promised probate representation. |
| Mississippi Judiciary, Civil Legal Assistance https://courts.ms.gov/Legal/CivilLegal.php | Judiciary page that links an application for waiver of court filing fees for a person who cannot afford them. Its listed clinics are not estate administration clinics. |
| Mississippi Department of Revenue, Estate https://www.dor.ms.gov/business/estate | Department page stating that no Mississippi estate tax return is required for a decedent dying on or after January 1, 2005, and that Mississippi has no inheritance tax and no gift tax. |
When to hire an attorney
Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney or firm of attorneys for advice, representation and assistance during the entire appointment. The narrow relief in UCCR 6.02(E) concerns guardianship of the person and undue burden on a ward's estate, not a decedent's estate. The chancellor fixes and approves attorney compensation (UCCR 6.02), and fees for fiduciaries and attorneys may not be based on the value of real property (UCCR 6.12(B)). The $75,000 small estate affidavit under Miss. Code Ann. § 91-7-322 is the counterweight: it is not a court filing and no fiduciary is appointed, so a qualifying personal-property estate can be handled outside a full court estate. Families who cannot afford counsel should check eligibility through mslegalservices.org, understanding that legal aid may not take estate matters. Sunset connects families to a vetted local probate attorney.
How Sunset helps in Mississippi
Find the accounts and assets. Sunset searches across financial institutions so families can see what the decedent owned before choosing a Mississippi path. That matters because the $75,000 affidavit under Miss. Code Ann. § 91-7-322 depends on the entire probate estate, while muniment of title under Miss. Code Ann. § 91-5-35 uses a different calculation.
Generate the probate packet. Sunset helps organize the will, death certificate, asset list, debt information and county filing details so the attorney can prepare the petition. Mississippi filings are governed by the Uniform Chancery Court Rules, including the rule that a copy of the will is attached to the petition (UCCR 6.15), and the case begins with a paper filing at the chancery clerk's counter.
Find a local probate attorney. In Mississippi, the attorney connection is not just convenient. Uniform Chancery Court Rule 6.02 requires a fiduciary to retain an attorney unless the fiduciary is licensed to practice law in Mississippi, so Sunset helps families find a vetted Mississippi probate attorney for the county where the estate belongs.
Sunset is free for families. Families do not pay Sunset to use its estate settlement tools, organize probate information or request an attorney connection. Sunset keeps the work in one place so the family can move from asset discovery to the right Mississippi filing path with fewer missed steps.
Frequently asked questions
Which court handles probate in Mississippi?
The chancery court. The Mississippi Constitution gives chancery courts jurisdiction over matters testamentary and of administration (Miss. Const. art. 6, § 159), and there is a chancery court and chancery clerk in every county. Mississippi circuit courts do not hear probate; a will is proved and letters are granted in the chancery court (Miss. Code Ann. § 91-7-1, Miss. Code Ann. § 91-7-63).
Where do you file probate in Mississippi?
File with the chancery clerk of the county where the decedent had a fixed place of residence. The will venue ladder and intestate venue ladder differ: a will can move to the county where devised land lies if there was no fixed place of residence (Miss. Code Ann. § 91-7-1), while an intestate estate moves to the county where the decedent owned land and then to the county where the decedent died (Miss. Code Ann. § 91-7-63).
Do you need a lawyer to probate an estate in Mississippi?
For a full estate, yes. Uniform Chancery Court Rule 6.02 requires every fiduciary, unless licensed to practice law in Mississippi, to retain an attorney for the entire appointment, and the rules apply to self-represented litigants (UCCR 1.14). The small estate affidavit is different because it involves no court filing and no appointed fiduciary (Miss. Code Ann. § 91-7-322).
When can a Mississippi small estate affidavit be used?
After thirty (30) days, if the entire probate estate wherever located, excluding all liens and encumbrances, does not exceed $75,000 and the property is personal property (Miss. Code Ann. § 91-7-322). The successor presents the affidavit to the holder, such as a bank or employer. The affidavit is not filed with any court.
How do you transfer a house in Mississippi without a full administration?
If the decedent left a will devising Mississippi real property, all known debts including estate and income taxes are paid, and the Mississippi probate estate excluding real property and the exempt property described in Miss. Code Ann. § 91-7-117 is within the sum set by Miss. Code Ann. § 91-7-322, the will may be admitted as a muniment of title only (Miss. Code Ann. § 91-5-35). The house itself does not count against that ceiling.
What does it cost to open an estate in Mississippi?
Miss. Code Ann. § 25-7-9 sets a $140.00 floor: $85.00 to the chancery clerk for an estate of deceased, plus $10.00, $40.00 and $5.00 in statutory assessments. Counties publish totals above that floor, so confirm the current amount with the chancery clerk before filing. The court cost deposit is made with the petition (UCCR 9.01).
How long do creditors have to file a claim in Mississippi?
Ninety (90) days after the first publication of the notice to creditors. After that, the claim is barred and no suit can be maintained on it in any court, even if the executor knew about the claim (Miss. Code Ann. § 91-7-151). The executor must identify creditors, mail notice, file the diligent-search affidavit and then publish for three consecutive weeks (Miss. Code Ann. § 91-7-145).
How long can a Mississippi will be contested?
An interested person may contest the will within two years if the will was probated without notice. If nobody appears within two years, the probate is final and forever binding, subject to the statute's rules for infants, persons of unsound mind and concealed fraud (Miss. Code Ann. § 91-7-23).
Can you file a Mississippi probate case electronically?
Attorneys file through Mississippi Electronic Courts, and all chancery courts have been on MEC since June 19, 2023. A person without a lawyer may have a read-only PAMEC account but may not file electronically, and every estate begins with a paper filing at the chancery clerk's counter (courts.ms.gov/mec).
Does Mississippi have an estate tax or an inheritance tax?
No. Mississippi has no estate tax return requirement for a decedent who died on or after January 1, 2005, and Mississippi has no inheritance tax and no gift tax, according to the Mississippi Department of Revenue. A federal estate tax return is required only for very large estates, and the estate's own income may require a fiduciary income tax return.
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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.