Overview
Perry County is located in Mississippi with a population of approximately 11,400. The Perry 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 Testamentary (if there is a will) or a Petition for Letters of Administration (if there is no will) 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 Small Estate Affidavit procedure for estates valued at $75,000 or less (excluding liens and encumbrances), provided at least 30 days have passed since death and no personal representative has been appointed. Additionally, a Muniment of Title procedure is available to transfer real estate when there are no other assets to administer and no debts.
Attorney fees in Mississippi are generally determined by the court based on what is "reasonable" rather than a fixed statutory percentage, though some local customs may apply. The personal representative is also entitled to reasonable compensation, typically set by the court.
This guide provides an informational overview of the Perry 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
Perry County Chancery Court
Probate matters in Perry County are handled at the Perry County Courthouse.
Address: 103 S. Main St, New Augusta, MS 39462 (Mailing: P.O. Box 198 or 345, New Augusta, MS 39462)
Phone: 601-964-8398 (Chancery Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Chancery Clerk's office serves as the clerk for the Chancery Court and handles the filing of all probate documents.
Parking and Access
Public parking is available around the courthouse square in New Augusta. The building is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $75,000 or less and there is no real property to be sold, you may be able to use an affidavit after a 30-day waiting period.
- Muniment of Title: If the decedent left a will and owned real estate but had no debts and no other assets requiring administration, you may petition to admit the will as a Muniment of Title only.
- 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 Letters Testamentary or Petition for Letters of Administration with the Perry County Chancery Court. Include:
- Original Will (if applicable)
- Certified death certificate
- List of heirs and their addresses
- Filing fee (approximately $200-$225)
- Oath of Personal Representative
Mississippi courts generally require an attorney to represent the estate in probate matters due to the complexity of the 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 Perry County (such as The Perry County Herald) for three consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition. If the petition is in order and the judge approves, the court will issue Letters Testamentary or Letters of Administration, granting the personal representative authority to act.
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 or court).
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries after the creditor period expires and debts are paid.
- File a Final Account and Petition for Discharge to close the estate.
Local Requirements
Perry County-Specific Procedures
- Attorney Requirement: Mississippi Chancery Courts typically require the executor or administrator to be represented by an attorney.
- Bond: A surety bond is usually required unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors must be published in a local newspaper like The Perry County Herald.
- Local Rules: The 10th Chancery District may have specific local rules regarding scheduling and document formatting.
Always check with the Chancery Clerk for the most current filing requirements and fee schedules.
Timeline & Fees
Filing Fees (Perry County)
- Full Administration (With Will): approximately $225.00
- Full Administration (Without Will): approximately $200.00
- Release of Administration: approximately $125.00
- Recording Fees: $27.00 for the first 5 pages, $1.00 for each additional page
- Publication costs: approximately $100-$200 depending on the newspaper
Payment Methods
The court accepts cash, cashier's checks, or money orders. Personal checks may not be accepted; confirm with the clerk.
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 several years
The 90-day creditor claim period begins after the first publication of notice, which is a mandatory waiting period before the estate can be closed.
Local Resources
Perry County Court Resources
- Court Website: perrycountyms.gov
- Probate Self-Help: Mississippi Access to Justice
- Mississippi Probate Forms: Civil Legal Assistance
Legal Aid and Attorney Referrals
- Mississippi Bar Association: 601-948-4471 — msbar.org
- Mississippi Center for Legal Services: 1-800-498-1804 — mslegalservices.org
Publication
- The Perry County Herald: 601-964-3333 — Newspaper of general circulation for legal notices.