Estate Planning for DeSoto County, Mississippi Property Owners

For most DeSoto 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.

Record a TOD deedWhere to recordLocal attorneys

For a DeSoto 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 DeSoto 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, DeSoto County property passes through the Chancery Court — even simple Mississippi probates run 6+ months and start with $158 in filing fees. Mississippi also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in DeSoto County

A transfer-on-death deed names a beneficiary who receives DeSoto 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.

Create a Mississippi TOD deed →DeSoto County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for DeSoto County are recorded with the Chancery Clerk at 311 West South Street, Suite C, Hernando, MS 38632. Phone: 1-662-469-8397. Hours: Monday-Friday 8:00 AM-5:00 PM.

Documents submitted by mail go to P.O. Box 949, Hernando, MS 38632.

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 DeSoto 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.

DeSoto County accepts electronic recording through CSC, ePN and Simplifile.

Recording Office Record

Chancery Clerk

DeSoto County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

311 West South Street, Suite C, Hernando, MS 38632

Open in Google Maps

Mail

P.O. Box 949 Hernando, MS 38632

Fax

1-662-469-8308

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving DeSoto County

Solo PracticeSouthaven, MS

Heidi S. Milam Attorney at Law PLLC

Serves 1 county

Southaven practice on Tchulahoma Road whose probate work runs through the DeSoto County Chancery Court, from opening the estate to the executor's discharge. Handles estate administration, will contests, trustee guidance, and guardianships and conservatorships, and prepares wills and advance directives. Heidi S. Milam has over 20 years of experience; consultations are free.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
7160 Tchulahoma Road, Suite A5Southaven, MS 38671
Free consultation

Solo PracticeSouthaven, MS

Law Office of Eric L. Sappenfield, PLLC

Serves 3 counties

Southaven office in DeSoto County serving DeSoto, Marshall and Tunica counties in north Mississippi along with Shelby County, Tennessee. Eric L. Sappenfield prepares wills and handles probate and estate administration, representing clients in all facets of the Mississippi probate process. Most of the practice is residential and commercial real estate closings, title insurance and foreclosures.

PracticesEstate PlanningProbateWills Trusts

Office
6858 Swinnea Road, 5 Rutland PlaceSouthaven, MS 38671

Solo PracticeSouthaven, MS

Law Office of Giles W. King

Serves 1 county

Solo practice in the Deerchase Office Park on Getwell Road in Southaven, in DeSoto County. Handles testate and intestate probate after a death in the family and drafts wills and revocable living trusts meant to keep heirs out of probate, alongside guardianships and conservatorships. Giles W. King has over 25 years in private practice, and initial consultations are free.

PracticesEstate PlanningProbateConservatorshipGuardianshipWills Trusts

Office
5699 Getwell Road, Building F, Suite 1Southaven, MS 38672
Free consultation

FirmSouthaven, MS

Stroud, Flechas & Dalton

Serves 3 counties

Southaven firm, with a second office in Water Valley, serving DeSoto County families in chancery court for more than 25 years. Guides executors and administrators from filing to distribution, handles probate litigation and will contests, and advises trustees and beneficiaries in trust administration and disputes, along with guardianships and conservatorships. Virtual consultations are offered.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
5779 Getwell Road, Building C1Southaven, MS 38672
Virtual consultations

FirmGrenada, MS

Harlow Law Firm, P.A.

Serves 2 counties

Grenada firm off Interstate 55 serving Grenada and north Mississippi, including DeSoto County, for more than 20 years. Guides executors and administrators through probate, from locating beneficiaries to paying creditors and handling will contests, and drafts wills, trusts, and powers of attorney. The initial consultation is free by phone or in person.

PracticesEstate PlanningProbateProbate LitigationWills Trusts

Office
850 Lakeview DriveGrenada, MS 38901
Free consultationVirtual consultations

FirmOxford, MS

Tannehill Carmean, P.L.L.C.

Since 2004 · Serves 18 counties

Oxford firm on North Lamar Boulevard serving Lafayette and 17 more north Mississippi counties on estate cases, from DeSoto and Marshall to Lee and Grenada. Guides families through probate and prepares wills, living, special needs, generation-skipping and QTIP trusts and powers of attorney. Founded in 2004 by Rhea Tannehill and Jay Carmean; Tannehill is 2025-2026 President of the Mississippi Bar.

PracticesEstate PlanningProbateSpecial Needs PlanningWills Trusts

Office
829 N Lamar Blvd, Suite 1Oxford, MS 38655
See all 21 firms serving DeSoto County →

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.

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Legal Sources

Data sourced from Mississippi statutes and official state code. How we research.

Forms for Planning Your Estate in Mississippi

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.

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Last Will and Testament

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.

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Codicil to a Will

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.

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Healthcare Power of Attorney

Mississippi allows a choice for a healthcare power of attorney: 2Miss. Code Ann. § 41-41-209Verified Oct 15, 2026View source witnesses or a notary.

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HIPAA Release

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.

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Financial Power of Attorney

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.

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Transfer on Death Deed

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.

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Vehicle Transfer on Death

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).

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Living Will

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.

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Tools for Planning Your Estate in Mississippi

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.

How Do I Sign Estate Documents?

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.

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Will My Estate Documents Transfer?

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.

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Trust or Will: Which Costs Less?

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.

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How Much Does a Revocable Living Trust Cost?

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.

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How Much Does a Will Cost?

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.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

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.

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Do I Need a Revocable Trust?

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.

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