Estate Planning for Monroe County, Mississippi Property Owners

For most Monroe 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 Monroe 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 Monroe 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, Monroe 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.

Record a Transfer-on-Death Deed in Monroe County

A transfer-on-death deed names a beneficiary who receives Monroe 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 →Monroe County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Monroe County are recorded with the Chancery Clerk at 201 West Commerce Street, Aberdeen, MS 39730. Phone: 1-662-369-8143. Hours: Monday-Friday 8:30 AM-5:00 PM.

Documents submitted by mail go to P.O. Box 578, Aberdeen, MS 39730.

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 Monroe 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

Chancery Clerk

Monroe County

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

201 West Commerce Street, Aberdeen, MS 39730

Open in Google Maps

Mail

P.O. Box 578 Aberdeen, MS 39730

Fax

1-662-369-7928

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Monroe County

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

FirmColumbus, MS

Dunn & Hemphill, P.A.

Serves 9 counties

Columbus estate planning and elder law firm seeing clients across the Golden Triangle, in person or virtually. Handles the probate of wills, intestate administrations and heirship determinations in Chancery Court, along with conservatorships, guardianships and Medicaid long-term-care planning. Offers a free 30-minute consultation for estate planning matters after the intake form.

PracticesEstate PlanningProbateElder LawConservatorshipand 4 more

Office
214 5th Street SouthColumbus, MS 39701
Free consultationVirtual consultations

FirmAshland, MS

Farese, Farese & Farese, P.A.

Since 1939 · Serves 2 counties

Ashland firm in Benton County, founded in 1939, with a branch office in Oxford, serving north Mississippi and west Tennessee. Opens estates, conducts the inventory and notifies creditors, and litigates will contests, will and trust construction disputes and fiduciary-breach claims against executors and trustees. Most of its work is criminal defense and personal injury; consultations are free.

PracticesEstate PlanningProbateProbate LitigationTrust Litigation

Office
122 Church AvenueAshland, MS 38603
Free consultation

FirmVicksburg, MS

Bailess & Rector, LLP

Since 1878 · Serves the whole state

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

Office
BancorpSouth Bank Building, 820 South Street, Suite 501Vicksburg, MS 39181

Solo PracticeMcComb, MS

Brock Law, PLLC

Serves the whole state

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

Office
200 Main StreetMcComb, MS 39648
Free consultation

Solo PracticeTupelo, MS

Bryson Law Firm, PLLC

Serves the whole state

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

Office
125 Robins StreetTupelo, MS 38804
Free consultation
See all 18 firms serving Monroe 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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