Where do I file for probate in Simpson County?

Probate petitions are filed with the Simpson County Chancery Clerk at the courthouse located at 111 West Pine Ave, Mendenhall, MS 39114.

How much does probate cost in Simpson County?

Filing fees generally range from $150 to $184. Publication costs for the notice to creditors typically add another $100-$200.

Can I avoid probate in Simpson County with a small estate?

Yes, if the decedent's personal property is worth $75,000 or less, you may be able to use a Small Estate Affidavit (Affidavit of Successor) after waiting 30 days from the date of death.

How long does probate take in Simpson County?

Formal probate takes at least 4-6 months due to the mandatory 90-day creditor claim period. Most simple estates are settled within 9 months.

Do I need an attorney for probate in Simpson County?

While not strictly required by law, Mississippi Chancery Court procedures are complex. Most judges strongly recommend or require an attorney to ensure fiduciary duties are met and pleadings are correct.

Simpson County Probate Guide: Courts, Fees & Process (2026)

Overview

Simpson County is located in Mississippi with a population of approximately 25,949. The Chancery Court of Simpson 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 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.

For smaller estates, Mississippi offers a simplified procedure known as the Small Estate Affidavit (Affidavit of Successor). This is available if the value of the decedent's personal property does not exceed $75,000 and at least 30 days have passed since the death. This process allows heirs to collect assets without full probate court administration.

Mississippi does not have a statutory fee schedule for attorneys or executors; fees are typically determined by what the court deems "reasonable" based on the complexity of the estate and services rendered.

This guide provides an informational overview of the Simpson 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 Simpson County

Probate matters in Simpson County are handled at the Simpson County Courthouse.

Address: 111 West Pine Ave, Ste. 2, Mendenhall, MS 39114

Mailing Address: P.O. Box 367, Mendenhall, MS 39114

Phone: (601) 847-2626 (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. Simpson County utilizes the Mississippi Electronic Courts (MEC) system for case management and e-filing.

Parking and Access

Public parking is available around the courthouse square in Mendenhall. 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, you may be able to use an Affidavit of Successor after a 30-day waiting period.
Joint Tenancy: Assets held jointly with rights of survivorship pass automatically to the surviving owner.
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 (Testate or Intestate) with the Simpson County Chancery Court. Include:

Original Last Will and Testament (if applicable)
Certified copy of the Death Certificate
List of heirs and their addresses
Filing fee (approximately $150.00 - $184.00)
Civil Case Filing Form

Simpson County participates in the Mississippi Electronic Courts (MEC) system, allowing attorneys to e-file documents.

Step 3: Provide Notice

After filing, you must:

Mail notice (Summons) to all heirs and beneficiaries who have not signed a waiver of process.
Publish notice to creditors in a newspaper of general circulation in Simpson County (such as the Simpson County News or Magee Courier) 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. If the petition is uncontested and waivers are filed, a hearing might not be required for all steps, but the judge must sign the Order opening the estate. Once approved, the Clerk issues Letters Testamentary or Letters of Administration.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify creditors: The creditor claim period remains open for 90 days following the first publication of notice.
Inventory and appraise all estate assets within 90 days (unless waived by the will and the court).
Pay valid creditor claims and estate expenses.
File federal and state tax returns as needed.
Distribute assets to beneficiaries according to the will or state intestacy laws.
File a Final Account and Petition for Discharge to close the estate.

Local Requirements

Simpson County-Specific Procedures

E-filing: Simpson County is an MEC (Mississippi Electronic Courts) county. Attorneys are generally required to file electronically.
Bond requirements: A surety bond is typically required for Administrators (intestate) and Executors (unless waived in the will), usually in the amount of the value of the personal estate.
Local Rules: The court may require a "Rule 81" summons for certain probate matters requiring a hearing date.
Publication: Notice to creditors must be published in a local newspaper like the Simpson County News or Magee Courier.

Always check with the Chancery Clerk for the most current local rules and fee schedules.

Timeline & Fees

Filing Fees (Simpson County)

Probate Petition (Testate/Intestate): approximately $150.00 - $184.00
Small Estate Affidavit: Fees vary (often a small recording fee if filed with land records, e.g., $10-$25)
Certified copies of Letters: approximately $1.00 - $2.00 per page + certification fee
Publication costs: approximately $100.00 - $200.00 depending on the newspaper and length of notice

Note: Fees are subject to change. Contact the Chancery Clerk at (601) 847-2626 for exact amounts.

Payment Methods

The court typically accepts cash, certified checks, or money orders. Credit cards may be accepted for e-filing via the MEC system.

Estimated Timelines

Small Estate Affidavit: Can be used 30 days after death.
Simple estates: 6-9 months (minimum 90-day creditor period).
Average estates: 9-15 months.
Complex or contested estates: 18 months to several years.

The 90-day creditor claim period is a mandatory statutory minimum that affects the timeline of all formal probate cases.

Local Resources

Simpson County Court Resources

Chancery Clerk Website: simpsoncountyms.com
Mississippi Electronic Courts (MEC): courts.ms.gov/mec/mec.php
State Probate Forms: courts.ms.gov

Legal Aid and Attorney Referrals

Mississippi Bar Association: (601) 948-4471 — msbar.org
Mississippi Volunteer Lawyers Project: (601) 960-9577 — mvlp.org

Publication

Simpson County News: (601) 847-2525 — Newspaper of general circulation in Mendenhall.
Magee Courier: (601) 849-3434 — Newspaper of general circulation in Magee.

Probate in Simpson County, Mississippi: 2026 Guide