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.
Estate Planning for Montgomery County, Mississippi Property Owners
For most Montgomery 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 Montgomery 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 Montgomery 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 Montgomery County
A transfer-on-death deed names a beneficiary who receives Montgomery 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.
Where to Record Property Documents
Deeds and other real property documents for Montgomery County are recorded with the Chancery Clerk at 614 Summit Street, Winona, MS 38967. Phone: 1-662-283-2333. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 71, Winona, MS 38967.
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 $26 to record in Montgomery County, 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
Montgomery County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
614 Summit Street, Winona, MS 38967
Website
P.O. Box 71
Winona, MS 38967
Fax
1-662-283-2233
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 September 7, 2026 · Source
Estate Planning Attorneys Serving Montgomery County
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.
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.
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.
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.
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.
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.
Legal Sources
(2)·
- Miss. Code Ann. 91-27-1 to 91-27-37
- Miss. Code Ann. 25-7-9(1)(b); 25-60-5
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.
Free
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.
Get Started
Free
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.
Get Started
Free
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.
Get Started
Free
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.
Get Started
Free
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.
Get Started
Free
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.
Get Started
Free
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).
Get Started
Free
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.
Get Started
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.
Check the Rules
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.
Get the Answer
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.
Calculate Costs
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.
Calculate Costs
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.
Calculate Costs
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.
Compare Options
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.
See the Steps
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.
Get the Answer
Mississippi Estate Planning Articles
Estate planning articles for Mississippi.
