Estate Planning for Newton County, Mississippi Property Owners
For most Newton 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 Newton 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 Newton 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.
Record a Transfer-on-Death Deed in Newton County
A transfer-on-death deed lets an owner name a beneficiary who receives Newton County property automatically at death, without probate. It is recorded with the Chancery Clerkduring the owner’s lifetime and can be revoked any time.
Where to Record Property Documents
Deeds and other real property documents for Newton County are recorded with the Chancery Clerk at 92 W Broad St., Decatur, MS 39327. Phone: 601-635-2367. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
Recording costs $25 base recording fee; $1 per additional page; TOD deeds are generally transfer-tax exempt. Page count, cover sheets, and any local transfer-tax add-ons under Mississippi law can change the final amount, so confirm the total with the Chancery Clerk before submitting.
Newton County doesn't offer e-recording. Plan to record by mail or in person.
Recording Office Record
Chancery Clerk
Newton County
Address
92 W Broad St.Decatur, MS 39327Mailing: P.O. Box 68, Decatur, MS 39327
Phone
Fax
601-635-3479
Hours
Monday - Friday, 8:00 AM - 5:00 PM
E-recording
Not available
Recording fees
| Base recording fee | $25 |
| Per additional page | $1 |
Base fee of $25.00 covers the first 5 pages; each additional page beyond 5 is $1.00 (Miss. Code Ann. 25-7-9(1)(b)). Approximately 51+ counties add a $1.00 records management/archive fee per document (Miss. Code Ann. 25-60-5), bringing the effective base to $26.00. Effective September 24, 2025, handwritten documents are no longer accepted per House Bill 600 (amending Miss. Code Ann. 89-5-24).
Miss. Code Ann. 25-7-9(1)(b)
Transfer tax
No state transfer tax. Mississippi does not impose a documentary stamp tax, conveyance tax, or excise tax on real property transfers.. Transfer-on-death deeds are generally exempt (Mississippi has no transfer tax. Additionally, TOD deeds involve no consideration at recording (Miss. Code Ann. 89-12-1 et seq.).). Mississippi is one of the states that does not impose any form of real estate transfer tax.
Verified June 3, 2026 · Source
A Living Trust Covers More Than One Deed
A transfer-on-death deed moves a single property. A revocable living trust holds the home, bank and investment accounts, and other assets together, so the whole estate skips the Chancery Court — not just the house. For a Newton County family with more than one major asset, the trust is usually the cleaner plan.
Create a Revocable Trust in 15 minutes
Legal Sources
- Miss. Code Ann. 25-7-9(1)(b)
Data sourced from Mississippi statutes and official state code. How we research.
Frequently Asked Questions
Deeds and other real property documents for Newton County are recorded with the Chancery Clerk at 92 W Broad St., Decatur, MS 39327. Call 601-635-2367 to confirm current recording procedures.
Recording a deed in Newton County costs $25 base recording fee; $1 per additional page; TOD deeds are generally transfer-tax exempt. Page count, required cover sheets, and any local transfer tax can change the final total.
Newton County does not offer e-recording. Plan to record by mail or in person at the Chancery Clerk.
The Chancery Clerk is open Monday - Friday, 8:00 AM - 5:00 PM. Reach the office at 601-635-2367. Confirm whether walk-in or mail-in recording is preferred before you go.
Yes. Deeds recorded in Mississippi must be signed in front of a notary before the Chancery Clerk will accept them. A transfer-on-death deed follows the same execution rules — see the Newton County signing requirements.
A transfer-on-death (TOD) deed names a beneficiary who receives the property automatically when the owner dies, without probate. The deed is recorded with the Chancery Clerkduring the owner’s lifetime. Start one with the Mississippi TOD deed form.
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