For most Benton County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Benton County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Chancery Court. The two tools that keep a Benton County home out of probate are a transfer-on-death deed recorded with the Chancery Clerk, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Benton County property passes through the Chancery Court — even simple Mississippi probates run 6+ months and start with $143 in filing fees. Mississippi also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer-on-death deed names a beneficiary who receives Benton County property automatically at the owner's death, without probate. It is recorded with the Chancery Clerk during the owner's lifetime and can be revoked at any time.
Before recording, a Mississippi transfer-on-death deed is signed with notary acknowledgmentMiss. Code Ann. 91-27-1 to 91-27-37Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathMiss. Code Ann. 91-27-1 to 91-27-37Verified Aug 24, 2026View source.
Deeds and other real property documents for Benton County are recorded with the Chancery Clerk, led by Chancery Clerk Marlene McKenzie, at 190 Ripley Avenue, Ashland, MS 38603. Phone: 662-224-6300. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
Documents submitted by mail go to P.O. Box 218, Ashland, MS 38603.
The Chancery Clerk charges $25 for the first 5 pages plus $1 for each page beyond 5. Recording a 2-page transfer-on-death deed in Benton County comes to $25. A transfer-on-death deed is exempt from transfer tax.
Recording Office Record
Benton County · Chancery Clerk · Marlene McKenzie
Address
Phone
Fax
Hours
Recording fees
| Base fee (first 5 pages) | $25 |
| Each page beyond 5 | $1 |
| Transfer tax on a TOD deed | Exempt |
Miss. Code Ann. 25-7-9(1)(b)
Verified September 7, 2026 · Source
FirmAshland, MS
North Mississippi firm serving Benton, Marshall, Tippah, and Union counties from Ashland, with a branch office in Oxford. Estates and trusts and probate litigation sit alongside the criminal defense, personal injury, and family law work the firm has been known for since 1939. Free and confidential initial consultation.
PracticesEstate PlanningProbate Administration
FirmHolly Springs, MS
Holly Springs firm serving Marshall and Benton counties, and reaching Oxford and north Mississippi, since 1975. Handles wills and estate planning and helps families settle a loved one's estate, alongside personal injury, family law, real estate, debt collection, and Social Security disability work. Free consultations.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmOxford, MS
Oxford general-practice firm covering wills, living wills, powers of attorney, healthcare directives, trusts, and probate. The firm also handles family law, criminal defense, personal injury, real property, and small business matters across north Mississippi.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmTupelo, MS
Tupelo firm on North Green Street serving clients throughout Mississippi and Tennessee. Handles probate and estate administration, estate planning, elder law and Medicaid planning, asset protection, and charitable planning. Founder Cory R. Lancaster is a tax attorney, which shapes the practice toward estates with tax exposure or business interests to unwind.
PracticesEstate PlanningElder LawAsset ProtectionMedicaid Planningand 2 more
FirmColumbus, MS
Founded in 1904, one of Mississippi's largest firms, serving the Golden Triangle and north Mississippi from offices in Columbus, Tupelo, and Oxford. Ten attorneys carry the estate planning, probate, and elder law practice: wills and testamentary trusts, life insurance and special needs trusts, durable powers of attorney, guardianships, Medicaid planning, and estate tax returns.
PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 4 more
FirmClinton, MS
Clinton firm serving the Jackson metro and, from a second Hattiesburg office, the Pine Belt. Focused on elder law and estate planning: protecting assets from nursing home costs, taxes, creditors, and Medicaid recovery, and qualifying wartime veterans for special pension benefits. Runs a fixed-fee estate planning process completed within two weeks.
PracticesEstate PlanningElder LawSpecial Needs PlanningAsset Protectionand 3 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Mississippi statutes and official state code. How we research.
Estate planning articles for Mississippi.
Forms and tools for property owners in Benton County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Mississippi.
