Overview
Union County is located in Mississippi with a population of approximately 28,000. The Chancery Court of Union 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, Chapter 7 of the Mississippi Code. The process begins with filing a Petition for Letters Testamentary (if there is a will) or Petition for Letters of Administration (if 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 simplified procedures for smaller estates. The Small Estate Affidavit process is available for estates valued at $75,000 or less (excluding real property), provided 30 days have passed since death. For estates consisting primarily of real property, a Muniment of Title may be used to transfer title without full administration.
Mississippi does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" and are subject to court approval.
This guide provides an informational overview of the Union 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 Union County
Probate matters in Union County are handled at the Union County Courthouse.
Address: 109 East Main Street, New Albany, MS 38652
Mailing Address: P.O. Box 847, New Albany, MS 38652
Phone: (662) 534-1900 (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 utilizes the Mississippi Electronic Courts (MEC) system for case management.
Parking and Access
Public parking is available around the courthouse square in downtown New Albany. 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 estate's personal property is valued at $75,000 or less and there is no real property to transfer, you may be able to use an affidavit after a 30-day waiting period.
- Muniment of Title: If the decedent owned real property but had no other assets requiring administration, this procedure can transfer title to beneficiaries.
- 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 Administration with the Chancery Court of Union County. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the death certificate
- List of heirs and beneficiaries
- Filing fee (approximately $150-$180)
- Civil Case Filing Form
Union County participates in the Mississippi Electronic Courts (MEC) system, and attorneys are generally required to e-file.
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 Union County (typically the New Albany Gazette) 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 uncontested, the judge (Chancellor) will sign an order admitting the will to probate and granting Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Allow 90 days from the first publication of notice for creditors to file claims.
- Inventory and appraise: File an inventory of estate assets within 90 days of appointment (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.
- File a Final Account and Petition for Discharge to close the estate.
Local Requirements
Union County-Specific Procedures
- E-filing: Union County uses the Mississippi Electronic Courts (MEC) system. Attorneys must file documents electronically.
- Local Rules: The First Chancery Court District (which includes Union County) may have specific local rules regarding scheduling and motion practice.
- Publication: Notice to creditors is typically published in the New Albany Gazette.
- Bond: A surety bond may be required for the personal representative unless waived by the will or by all heirs/beneficiaries.
Timeline & Fees
Filing Fees (Union County)
- Probate Petition: approximately $150-$180
- Small Estate Affidavit: approximately $100-$135 (varies by recording costs)
- Certified copies of Letters: approximately $2-$5 per copy
- Publication costs: approximately $100-$200 (payable to the newspaper)
Payment Methods
The Chancery Clerk accepts cash, business checks, money orders, and credit cards (with a processing fee).
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 90-day creditor claim period begins after the first publication of notice, which is a primary factor in the timeline.
Local Resources
Union County Court Resources
- Court Website: duprocess.unioncoms.com
- Mississippi Electronic Courts (MEC): courts.ms.gov/mec/mec.php
- State Probate Laws: Mississippi Code Title 91
Legal Aid and Attorney Referrals
- Mississippi Bar Association: (601) 948-4471 — msbar.org
- North Mississippi Rural Legal Services: 1-800-898-8731 — nmrls.com
Publication
- New Albany Gazette: (662) 534-6321 — Newspaper of general circulation for probate notices.