Overview
Washington County is located in Mississippi with a population of approximately 41,181. The Washington 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 (intestate) or Petition for Probate of Will (testate) 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, including a Small Estate Affidavit for estates valued at $75,000 or less. Additionally, a Muniment of Title process is available for transferring real property when there are no debts to be paid.
State law does not set a fixed percentage for attorney or executor fees; instead, fees must be "reasonable" and are subject to court approval based on the complexity of the estate.
This guide provides an informational overview of the Washington 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
Washington County Chancery Court
Probate matters in Washington County are handled at the Washington County Courthouse.
Address: 900 Washington Ave, Greenville, MS 38701
Mailing Address: P.O. Box 309, Greenville, MS 38702
Phone: (662) 332-1595 (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 custodian of court records and is responsible for handling probate filings.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets in downtown Greenville. Security screening is required for entry into the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's value is $75,000 or less and no will is being probated, you may be able to use an affidavit to collect assets after a 30-day waiting period.
- Muniment of Title: If the decedent owned real property but had no debts (or debts are paid), this streamlined process can transfer title without full estate 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 Washington County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (typically a deposit is required)
- Oath of Personal Representative
Mississippi Electronic Courts (MEC) may be available for e-filing in certain chancery matters; check with the clerk for current participation status.
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 Washington County (such as the Delta Democrat-Times) for three consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to validate the will and appoint the executor. In many uncontested cases, this can be handled relatively quickly. Once approved, the court 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 of notice for creditors to file claims.
- Inventory and appraise all estate assets within 90 days of appointment (unless waived).
- 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
Washington County-Specific Procedures
- Filing Deposit: The clerk typically requires an initial deposit for court costs (often around $150.00) at the time of filing.
- Bond: A surety bond is generally required for administrators unless waived by the will or by all heirs.
- Local Rules: The 9th 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 Delta Democrat-Times.
Always check with the Chancery Clerk's office for the most up-to-date local requirements.
Timeline & Fees
Filing Fees (Washington County)
- Probate Opening Deposit: approximately $150.00 (varies, contact clerk)
- Small Estate Affidavit: Varies (recording fee)
- Certified Copies: approximately $1.00 per page + $1.00 for certification
- Publication Costs: approximately $100.00-$200.00 (paid directly to newspaper)
Note: Fees are subject to change. Contact the Chancery Clerk at (662) 332-1595 for the current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Some offices may accept 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 timeline is largely dictated by the mandatory 90-day creditor claim period and the time required to liquidate assets and resolve tax matters.
Local Resources
Washington County Court Resources
- Chancery Clerk Website: washingtoncounty.ms/chancery-clerk
- Mississippi Judiciary: courts.ms.gov
- State Probate Forms: courts.ms.gov/mec/Mec-forms.php
Legal Aid and Attorney Referrals
- Mississippi Bar Association: (601) 948-4471 — msbar.org
- Mississippi Volunteer Lawyers Project: (601) 960-9577 — mvlp.org
- North Mississippi Rural Legal Services: (662) 335-3516 (Greenville Office)
Publication
- Delta Democrat-Times: (662) 335-1155 — ddtonline.com