Where do I file for probate in Stone County?

File with the Chancery Court Clerk at the Stone County Courthouse, 323 East Cavers Avenue, Wiggins, MS 39577.

How much does probate cost in Stone County?

Initial filing fees are approximately $158.00. You should also budget for publication costs ($150-$300) and attorney fees.

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

Yes, if the decedent's personal property is worth $75,000 or less, you may be able to use the Affidavit of Successor process after a 30-day waiting period.

How long does probate take in Stone County?

A simple estate typically takes 6 to 9 months. This includes the mandatory 90-day period for creditors to file claims.

Do I need an attorney for probate in Stone County?

While not strictly required by law for all procedures, Mississippi Chancery Courts strongly recommend hiring an attorney due to the complexity of fiduciary duties and court rules. Most judges require an attorney for formal probate matters.

Where are legal notices published in Stone County?

Probate notices are typically published in the *Stone County Enterprise*, which is the newspaper of general circulation for the county.

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

Overview

Stone County is located in Mississippi with a population of approximately 19,569. The Chancery Court of Stone 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 of Will and Issuance of Letters Testamentary (for testate estates) or a Petition for Letters of Administration (for intestate estates). The court then issues Letters Testamentary or Letters of Administration to the appointed personal representative.

Mississippi offers a simplified procedure for small estates known as the Affidavit of Successor. This process 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.

Mississippi does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate. Instead, fees must be "reasonable" and are subject to court approval based on the complexity of the work performed.

This guide provides an informational overview of the Stone 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 Stone County

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

Address: 323 East Cavers Avenue, Wiggins, MS 39577

Phone: (601) 928-5266 (Chancery Clerk's Office)

Hours: Monday through Friday, 8:00 AM to 5:00 PM

The Chancery Clerk, Samuel Tom Smith, serves as the clerk of the court for probate matters. The office is located in the county courthouse in Wiggins.

Parking and Access

Public parking is available around the courthouse square and in designated lots near the building. Security screening is required for entry into the courthouse.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Affidavit of Successor (Small Estate): If the decedent's personal property is valued at $75,000 or less and there is no real property to be transferred, you may be able to use an affidavit after a 30-day waiting period.
Muniment of Title: If the decedent had a will and owned real property but had no other assets to administer, this simplified process may be used to transfer title to heirs.
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 Stone County. Include:

Original Last Will and Testament (if applicable)
Certified copy of the death certificate
List of heirs and their addresses
Filing fee (approximately $158.00)
Oath of Personal Representative

Mississippi Electronic Courts (MEC) e-filing is available and often required for attorneys in Stone County.

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 Stone County (such as the Stone County Enterprise) once a week for three consecutive weeks.

Step 4: Attend the Hearing

The court may schedule a hearing to validate the will and appoint the personal representative. In many uncontested cases, this can be handled ex parte (without a formal hearing) if all waivers are signed. Once approved, the Clerk issues Letters Testamentary or Letters of Administration.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Allow 90 days from the first publication for creditors to file claims.
Inventory and appraise all estate assets within 90 days of appointment (unless waived by the will and the court).
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

Stone County-Specific Procedures

E-filing: Stone County utilizes the Mississippi Electronic Courts (MEC) system. 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 court rules: The 8th Chancery Court District may have specific local rules regarding scheduling and document formatting.
Publication: Notice to creditors must be published in a local newspaper, typically the Stone County Enterprise, for three consecutive weeks.

Always check with the Chancery Clerk's office for the most current local requirements.

Timeline & Fees

Filing Fees (Stone County)

Probate Filing Fee: approximately $158.00 (includes initial costs)
Service of Process: varies by method (Sheriff's fee is typically ~$35-$50)
Certified copies of Letters: approximately $2.00 - $5.00 per copy
Publication costs: approximately $150-$300 depending on the length of the notice
Recording fees: $25.00 for the first 5 pages, $1.00 per additional page (for deeds/instruments)

Note: Fees are subject to change. Contact the Chancery Clerk at (601) 928-5266 to verify exact amounts.

Payment Methods

The court typically accepts cash, certified checks, or money orders. Credit cards may be accepted for e-filing or with an additional convenience fee.

Estimated Timelines

Simple estates (no disputes): 6-9 months (includes the 90-day creditor period)
Average estates: 9-15 months
Complex or contested estates: 18 months to 2+ years

The 90-day creditor claim period is a mandatory minimum wait time before the estate can be finally closed.

Local Resources

Stone County Court Resources

Court Website: https://www.stonecountyms.gov/courts/
Chancery Clerk: https://www.stonecountyms.gov/chancery-clerk/
Mississippi Electronic Courts (MEC): https://courts.ms.gov/mec/mec.php

Legal Aid and Attorney Referrals

Mississippi Bar Association: (601) 948-4471 — https://www.msbar.org
Mississippi Center for Legal Services: (800) 498-1804 — Provides assistance to eligible low-income residents.
Find a Lawyer (MS Bar): https://msbar.reliaguide.com/home

Publication

Stone County Enterprise: (601) 928-4802 — The primary newspaper for legal notices in Stone County.

Probate in Stone County, Mississippi: 2026 Guide