Overview
Covington County is located in Mississippi with a population of approximately 18,340. The Chancery Court of Covington County handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Mississippi probate is governed by Title 91 of the Mississippi Code. The process begins with filing a Petition for Probate (Letters Testamentary or Administration) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Mississippi offers a simplified procedure for small estates. If the value of the decedent's personal property does not exceed $75,000, successors may file a Small Estate Affidavit to collect assets without full probate administration, provided no petition for appointment of a personal representative is pending.
Mississippi law allows for reasonable attorney and executor fees, which are subject to court approval. Fees are typically based on the complexity of the estate rather than a strict statutory percentage.
This guide provides an informational overview of the Covington County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Chancery Court of Covington County
Probate matters in Covington County are handled at the Covington County Courthouse.
Address: 101 South Elm Ave, Collins, MS 39428
Phone: (601) 765-4242 (Chancery Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Chancery Clerk's office is responsible for maintaining all probate records. The court is part of the 13th Chancery Court District of Mississippi.
Parking and Access
Public parking is available around the courthouse square in downtown Collins. The building is accessible to the public during standard business hours. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the decedent's personal property is valued at $75,000 or less and there is no real property involved (or real property is handled separately), you may be able to use an affidavit to collect assets after a 30-day waiting period.
- Muniment of Title: If the decedent left a will and the only asset is real property, you may file a Petition for Muniment of Title to transfer ownership without full estate administration.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Chancery Court of Covington County. Include:
- Original Will and Codicils (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (approximately $148–$160)
- Civil Case Filing Form (Cover Sheet)
Mississippi courts generally require probate matters to be filed by an attorney, as they are considered legal proceedings.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Covington County, such as The News-Commercial, for three consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to validate the will and appoint the Executor or Administrator. Once approved, the Chancery Clerk issues Letters Testamentary (for wills) or Letters of Administration (no will), granting authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow 90 days from the first publication of notice for creditors to file claims.
- Inventory and appraise all estate assets within 90 days of appointment (unless waived by the will).
- Pay valid creditor claims and estate taxes.
- Distribute remaining assets to beneficiaries.
- File a Final Account and Petition for Discharge to close the estate.
Local Requirements
Covington County-Specific Procedures
- Attorney Requirement: Mississippi Chancery Courts typically require an attorney to represent the estate fiduciary in probate matters.
- Bond: A surety bond is usually required for Administrators (intestate) and Executors (unless waived in the will).
- Publication: Notice to creditors must be published in a local newspaper, typically The News-Commercial.
- Local Rules: The 13th Chancery District may have specific local rules regarding scheduling and document formatting; consult the Chancery Clerk.
Timeline & Fees
Filing Fees (Covington County)
- Probate Petition: approximately $148–$160 (fees vary by specific filing type)
- Small Estate Affidavit: varies, typically lower than full probate
- Certified copies of Letters: approximately $2–$5 per copy
- Publication costs: approximately $100–$200 depending on the length of the notice
- Recording Fees: $25.00 for the first 5 pages, $1.00 for each additional page
Payment Methods
The Chancery Clerk accepts cash, certified checks, or money orders. Credit cards may be accepted with a convenience fee; verify with the clerk's office.
Estimated Timelines
- Simple estates: 6–9 months (minimum 90-day creditor period required)
- Average estates: 9–15 months
- Complex or contested estates: 18 months to 2+ years
The timeline is heavily influenced by the 90-day creditor claim period and the speed of asset liquidation.
Local Resources
Covington County Court Resources
- Court Website: covingtoncountyms.gov
- Mississippi Judiciary: courts.ms.gov
- Probate Forms: Mississippi Access to Justice
Legal Aid and Attorney Referrals
- Mississippi Bar Association: (601) 948-4471 — msbar.org
- Mississippi Center for Legal Services: (800) 498-1804 — mslegalservices.org
Publication
- The News-Commercial: (601) 765-8275 — Local newspaper for legal notices in Collins, MS.