Overview
Noxubee County is located in Mississippi with a population of approximately 10,000. The Noxubee County Chancery Court 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 Letters of Administration or Letters Testamentary 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 estate is $75,000 or less, heirs may file a Small Estate Affidavit to collect assets without full probate administration, provided 30 days have passed since the death. Another option is Muniment of Title, used to transfer real property when there are no debts and no need for full administration.
Mississippi law allows for reasonable compensation for attorneys and executors, which is subject to court approval. There is no fixed statutory percentage, but fees are typically based on the complexity of the estate.
This guide provides an informational overview of the Noxubee 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
Noxubee County Chancery Court
Probate matters in Noxubee County are handled at the Noxubee County Courthouse.
Address: 2832 Jefferson St, Suite 4, Macon, MS 39341
Phone: (662) 726-4243 (Chancery Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Chancery Clerk's office serves as the recorder of deeds and clerk of the Chancery Court. The court is part of the 14th Chancery Court District of Mississippi.
Parking and Access
Street parking is generally available around the courthouse square in Macon. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $75,000 or less and no will is being probated, heirs can file an affidavit after 30 days.
- Muniment of Title: A procedure to transfer real estate when the decedent had a will, but there are no unpaid debts and no need for full 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 Noxubee County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Death Certificate
- List of heirs and their addresses
- Filing fee (approx. $150-$200)
- Oath of Personal Representative
Mississippi Electronic Courts (MEC) e-filing is available in many chancery courts; check with the clerk for current participation status.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 30 days before the hearing
- Publish notice in a newspaper of general circulation in Noxubee County (such as the Macon Beacon) for three consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 4 to 8 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors in a local newspaper for three consecutive weeks. Creditors have 90 days to file claims.
- Inventory and appraise all estate assets within 90 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Noxubee County-Specific Procedures
- E-filing: The 14th Chancery District utilizes the Mississippi Electronic Courts (MEC) system. Check with the clerk for mandatory e-filing rules.
- Bond requirements: Bond is typically required unless waived by the will or all heirs.
- Local court rules: Consult the 14th Chancery District rules for specific procedural requirements regarding scheduling and pleadings.
- Publication: Notice must be published in a newspaper of general circulation in Noxubee County for three consecutive weeks.
Noxubee is part of the 14th Chancery Court District, which also includes Chickasaw, Clay, Lowndes, Oktibbeha, and Webster counties.
Timeline & Fees
Filing Fees (Noxubee County)
- Opening an Estate: approximately $184
- Small Estate Affidavit: approximately $135
- Certified copies of Letters: approximately $5-10 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Service of process: varies by county
Mississippi law allows for reasonable compensation for executors and attorneys, subject to court approval.
Payment Methods
The court accepts cash, certified checks, or money orders. Credit cards may incur a surcharge if accepted.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The 90-day creditor period is mandatory and begins after the first publication of notice to creditors.
Local Resources
Noxubee County Court Resources
- Court Website: fourteenth.chancery.mec.ms.gov
- Probate Self-Help: Mississippi Access to Justice
- Mississippi Probate Forms: MEC Forms
Legal Aid and Attorney Referrals
- Mississippi Bar Association: (601) 948-4471 — Statewide legal resources and attorney directory.
- North Mississippi Rural Legal Services: (800) 498-1804 — Legal assistance for low-income residents.
- State Bar Lawyer Referral: msbar.org
Publication
- Macon Beacon: (662) 726-4226 — Official newspaper for legal notices in Noxubee County.
- Commercial Dispatch: (662) 328-2424 — Regional newspaper serving the Golden Triangle area.