For most Clarke 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 Clarke 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 Clarke 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, Clarke 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 Clarke 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 Oct 18, 2026. The deed takes effect only if it is recorded before the owner's deathMiss. Code Ann. 91-27-1 to 91-27-37Verified Oct 18, 2026.
Deeds and other real property documents for Clarke County are recorded with the Chancery Clerk at 101 South Archusa Avenue, Quitman, MS 39355. Phone: 1-601-776-2126. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 689, Quitman, MS 39355.
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 Clarke County comes to $26, which is $25 in recording fees plus the $1 Archive Fee. No transfer tax applies to a transfer-on-death deed.
Recording Office Record
Clarke County
Phone
Hours
Office
Website
Fax
Recording fees
| Base fee (first 5 pages) | $25 |
| Each page beyond 5 | $1 |
| Miss. Code Ann. 25-60-5 Archive FeeApplies to a TOD deed | $1 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
Miss. Code Ann. 25-7-9(1)(b); 25-60-5
Verified October 16, 2026 · Source
FirmMeridian, MS
Meridian firm with origins in a Lauderdale County practice formed in 1946 and the predecessor firm Bourdeaux & Jones (1956). Trusts and estates is a listed practice area alongside real estate, healthcare, family law, civil litigation, and government and insurance defense.
PracticesEstate PlanningTrust AdministrationProbateGuardianshipWills Trusts
FirmMeridian, MS
Meridian general practice on 19th Avenue serving Lauderdale County and 12 surrounding east central Mississippi counties, tracing to a firm founded in 1959 and named Jacob & Kieronski since 1983. Handles probate matters and will contests alongside will and trust drafting. Its attorneys hold Martindale-Hubbell AV ratings, and the firm advertises a free consultation.
PracticesEstate PlanningProbateProbate LitigationWills Trusts
FirmVicksburg, MS
Vicksburg firm serving Warren County and clients across Mississippi, successor to a partnership formed in 1878. Guides executors through probating a will and settling the estate, and represents estates and executors in will challenges and claims of mismanaged estate assets. Also drafts wills, codicils, and advance directives.
PracticesEstate PlanningProbateProbate LitigationWills Trusts
Solo PracticeMcComb, MS
McComb practice of Thomas W. Brock, admitted in 1980, serving Pike County and clients across Mississippi. Advises executors and administrators from appointment and bond through paying creditors and distributing property, and represents them in beneficiary disputes. Drafts wills, living trusts, and directives, and handles guardianships and conservatorships.
PracticesEstate PlanningProbateProbate LitigationTax Planningand 3 more
Solo PracticeTupelo, MS
Tupelo practice of attorney Kerry M. Bryson, handling estate planning and probate for Lee County clients and across Mississippi, including out-of-state heirs. Checks the courthouse for liens on real property to value the estate and reviews probate alternatives, and drafts wills, powers of attorney, and advance health care directives. Can provide video recordings of a will signing.
PracticesEstate PlanningProbateTax PlanningWills Trusts
FirmCleveland, MS
The oldest law firm in Cleveland, tracing its beginnings to 1952, serving Bolivar County and clients across the Delta and North Mississippi. Handles estate planning and administration and probate, including wills, trusts, powers of attorney, and health care directives. Listed in the Bar Register of Preeminent Lawyers, one of four Cleveland firms to hold that distinction.
PracticesEstate PlanningProbateWills Trusts
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.
Free forms for planning your estate in Mississippi: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Mississippi.
In Mississippi, a will is signed before 2Miss. Code Ann. § 91-5-1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMiss. Code Ann. § 91-5-1Verified Oct 19, 2026View source.
In Mississippi, a codicil is signed before 2Miss. Code Ann. § 91-5-1Verified Oct 19, 2026View source witnesses, like a will; the statute on the witnesses' affidavit names the will aloneMiss. Code Ann. §§ 91-7-7, 91-7-9Verified Oct 25, 2026View source.
Mississippi allows a choice for a healthcare power of attorney: 2Miss. Code Ann. § 41-41-209Verified Oct 15, 2026View source witnesses or a notary.
In Mississippi, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
Mississippi requires explicit durability language for a power of attorney to survive incapacityMiss. Code §§ 87-3-1, 87-3-3, 87-3-7, 87-3-101, 87-3-103, 87-3-105, 87-3-107, 87-3-109, 87-3-111, 87-3-113Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementMiss. Code §§ 87-3-1, 87-3-3, 87-3-7, 87-3-101, 87-3-103, 87-3-105, 87-3-107, 87-3-109, 87-3-111, 87-3-113Verified Oct 21, 2026View source.
In Mississippi, a transfer-on-death deed is signed before a notaryMiss. Code Ann. 91-27-1 to 91-27-37Verified Oct 18, 2026, then recorded with the county before the owner's deathMiss. Code Ann. 91-27-1 to 91-27-37Verified Oct 18, 2026. Mississippi does not recognize a Lady Bird deed.
Mississippi allows a transfer-on-death beneficiary designation on a vehicle titleMiss. Code Ann. 63-21-261 (Title 63, Ch. 21, Art. 4, 63-21-251 to 63-21-261)Verified Oct 21, 2026View source, filed through the Mississippi Department of Revenue (applications made to a designated agent / county Tax Collector).
In Mississippi, the living will is the Advance Health-Care DirectiveMiss. Code Ann. §§ 41-41-201 to 41-41-229 (Uniform Health-Care Decisions Act)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Free tools for planning your estate in Mississippi: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Mississippi.
In Mississippi, a will is signed before 2Miss. Code Ann. § 91-5-1Verified Oct 19, 2026View source witnesses, and notarization is not requiredMiss. Code Ann. § 91-5-1Verified Oct 19, 2026View source.
Mississippi has no statute recognizing a will by the law of the place where it was signedMiss. Code § 91-7-33Verified Oct 19, 2026View source, so a will used here is tested against its own rule: 2Miss. Code Ann. § 91-5-1Verified Oct 19, 2026View source witnesses, and notarization is not requiredMiss. Code Ann. § 91-5-1Verified Oct 19, 2026View source.
In Mississippi, a will-based plan pays probate attorney fees of typically 1.6%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.5%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living trust in Mississippi runs $3,680Estimate: 10 hours at $368, Clio's Mississippi Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,520Estimate: 15 hours at $368, Clio's Mississippi Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in Mississippi runs $849Estimate: 3 hours at $283, Clio's Mississippi Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,698Estimate: 6 hours at $283, Clio's Mississippi Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $23,712Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
In Mississippi, a parent names a guardian for a minor child in a will or a separate signed writingMiss. Code §§ 93-20-201, 93-20-206Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 21Miss. Code § 1-3-27Verified Sep 15, 2026View source.
Probate in Mississippi takes 6 months to 12 months for a simple estate and charges attorney fees of typically 1.6%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.5%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Estate planning articles for Mississippi.
Estate planning articles for Mississippi.
