Estate Planning for Lincoln County, Mississippi Property Owners

For most Lincoln 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 Lincoln 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 Lincoln 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.

Skipping this planning step means the Chancery Court decides who receives the property: a simple Mississippi probate takes 6+ months and opens with $143 in court 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 Lincoln County

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

Create a MississippiTOD deed →Lincoln Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Lincoln County are recorded with the Chancery Clerk, led by Chancery Clerk Alisha McGehee, at 301 S First Street, Rm 111, Brookhaven, MS 39601. Phone: 601-835-3411. Hours: Monday - Friday, 8:30 AM - 4:30 PM.

Documents submitted by mail go to P.O. Box 555, Brookhaven, MS 39602.

The Chancery Clerk charges $25 for the first 5 pages plus $1 for each page beyond 5. A 2-page transfer-on-death deed costs $25 to record in Lincoln County. A transfer-on-death deed is exempt from transfer tax.

Recording Office Record

Chancery Clerk

Lincoln County · Chancery Clerk · Alisha McGehee

Address

301 S First Street, Rm 111Brookhaven, MS 39601Mailing: P.O. Box 555, Brookhaven, MS 39602

Fax

601-835-3423

Hours

Monday - Friday, 8:30 AM - 4:30 PM
Visit recorder website →

Recording fees

Base fee (first 5 pages)$25
Each page beyond 5$1
Transfer tax on a TOD deedExempt

Miss. Code Ann. 25-7-9(1)(b)

Open in Google Maps

Verified September 7, 2026 · Source

Estate Planning Attorneys Serving Lincoln County

FirmBrookhaven, MS

John Burns Estate & Elder Care Law, PLLC

Since 1990 · Serves 4 counties

Brookhaven practice serving Lincoln, Lawrence, Pike, and Copiah counties in southwest Mississippi since 1990. Builds revocable living trusts, wills, and powers of attorney, and handles Medicaid planning, special needs planning, and life care planning for families facing long-term care. John Burns is a Certified Elder Law Attorney and an Accredited Estate Planner.

PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 2 more

Office
109 W. Cherokee StreetBrookhaven, MS 39601

FirmTupelo, MS

Lancaster Law Firm

Serves the whole state

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

Office
363 N. Green StreetTupelo, MS 38804

FirmColumbus, MS

Mitchell, McNutt & Sams, P.A.

Since 1904 · Serves the whole state

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

Office
215 North 5th StreetColumbus, MS 39701

FirmClinton, MS

Morton Law Firm, PLLC

Since 1997 · Serves the whole state

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

Office
402 E. Main StreetClinton, MS 39056

FirmFlowood, MS

The Stubbs Law Firm, PLLC

Serves the whole state

Flowood-based firm serving the Jackson metro and central Mississippi chancery courts on estate planning and administration, with satellite offices in Mendenhall and Magee. Drafts wills and trusts, powers of attorney, and healthcare directives, and handles probate and estate administration plus estate tax planning. Attorney Kannan Stubbs leads the practice.

PracticesEstate PlanningTax PlanningProbate AdministrationWills Trusts

Office
1675 U.S. 80Flowood, MS 39232
Free consultation

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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