What to Do When Someone Dies in Newton County, Mississippi
Probate in Newton County runs through the Chancery Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Newton County, settling their estate runs through the Chancery Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Chancery Court
Newton County
Address
92 W Broad St.Decatur, MS 39327Mailing: P.O. Box 68
Phone
Fax
601-635-3479
Hours
Monday - Friday, 8:00 AM - 5:00 PM
Paper filing availableE-filing required for attorneys
Chancery Clerk: Chrissie Buffington. Secondary phone: 601-635-3370.
Verified June 2, 2026 · Source
How Probate Works in Newton County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Newton County, probate runs through the Chancery Court at 92 W Broad St., Decatur.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Mississippi intestacy law when there is no will.
Most Mississippi estates take 12 monthsMiss. Code Ann. § 91-7-322 (small estate affidavitVerified Jun 11, 2026 to 18 monthsMiss. Code Ann. § 91-7-322 (small estate affidavitVerified Jun 11, 2026 to move through this process. The 3 monthsMiss. Code Ann. § 91-7-151 (90 days after first publication); § 91-7-145 (notice to creditors; publish weekly for 3 consecutive weeks)Verified Jun 11, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Newton County
What probate costs in Newton County, Mississippi comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Chancery Court at 92 W Broad St., Decatur.
Local procedures at this court: Handwritten documents no longer accepted. These are county-specific and not posted on the statewide court site.
Mississippi charges $140Miss. Code Ann. § 25-7-9Verified Jun 11, 2026 to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Chancery Court (https://courts.ms.gov/mec/mec.php). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Mississippi are negotiated, typically 2%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Jun 11, 2026 to 4%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Jun 11, 2026 of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%Miss. Code § 91-7-299 (reasonable compensation; no statutory percentage)Verified Jun 11, 2026 to 4%Miss. Code § 91-7-299 (reasonable compensation; no statutory percentage)Verified Jun 11, 2026 of estate value, based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Mississippi requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Miss. Code Ann. §§ 91-7-41, 91-7-45Verified Jun 11, 2026 of estate value annually.
Probate in Mississippi typically runs 12 monthsMiss. Code Ann. § 91-7-322 (small estate affidavitVerified Jun 11, 2026 to 18 monthsMiss. Code Ann. § 91-7-322 (small estate affidavitVerified Jun 11, 2026, and costs accrue throughout. The 3 monthsMiss. Code Ann. § 91-7-151 (90 days after first publication); § 91-7-145 (notice to creditors; publish weekly for 3 consecutive weeks)Verified Jun 11, 2026 creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Chancery Court
If you're handling probate yourself in Newton County, Mississippi, you can file at the Chancery Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Newton County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Chancery Court is realistic.
For a full cost comparison and filing checklist, see the Newton County Self-Filing Assessment.
Newton County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Handwritten documents no longer accepted
Effective September 24, 2025, pursuant to House Bill 600 (amending Miss. Code 89-5-24), handwritten documents are no longer accepted for recording in any Mississippi Chancery Clerk office. All documents must be typed or printed.
SourceWhat to Bring
To file at the Chancery Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Newton County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the Chancery Clerk.
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
Probate Attorneys Serving Newton County
Mississippi uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Newton County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Mississippi are based on reasonable compensation — typically 2%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Jun 11, 2026 to 4%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Jun 11, 2026 of the estate's value, billed hourly or as a flat fee. Ask a Newton County firm to quote a structure up front.
A probate attorney files the petition with the Chancery Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Meridian & East Central Mississippi Firms
Barry, Thaggard & May, LLP
FirmMeridian firm with origins in a Lauderdale County practice formed in 1946 and the predecessor firm Bourdeaux & Jones (1956). Trusts and estates is a listed practice area alongside real estate, healthcare, family law, civil litigation, and government and insurance defense.
Location
505 Constitution AvenueMeridian, MS 39301
Phone
(601) 693-2393
Established
1956
Service Area
6 counties
Estate PlanningProbate AdministrationWills TrustsTrust AdministrationGuardianship
Visit site
Jacob & Kieronski, LLP
FirmA general practice law firm in Meridian with a focus on domestic law. The firm assists clients with all aspects of estate planning, including will and trust creation, probate matters, and will contests. Serves clients throughout East Central Mississippi.
Location
1010 19th Avenue, Suite 10Meridian, MS 39302
Phone
(601) 693-6994
Established
1959
Service Area
13 counties
Estate PlanningProbate AdministrationWills Trusts
Visit site
Nicholas M. Haas, Attorney at Law
Solo PracticeSolo practitioner in Philadelphia serving Neshoba County and surrounding East Central Mississippi. Handles wills, probate, and estate planning matters. Holds a Peer Distinguished rating from Martindale-Hubbell.
Location
25 Knight StreetPhiladelphia, MS 39350
Service Area
5 counties
Estate PlanningProbate AdministrationWills Trusts
Witherspoon & Compton, LLC
FirmThe oldest continuously operated law firm in Meridian and East Central Mississippi, established in 1956. The firm has combined experience of more than 120 years of law practice. Estate planning services include preparation of wills and trusts, probate administration and litigation, powers of attorney, business formation, and related matters.
Location
1100 23rd AvenueMeridian, MS 39301
Phone
(601) 207-0333
Established
1956
Service Area
4 counties
Estate PlanningProbate AdministrationWills TrustsCriminal Defense
Free consultationVisit site
Statewide Practices
Lancaster Law Firm
FirmFounded by Cory R. Lancaster, a tax attorney with an LL.M. in Taxation from the University of Florida. Assists clients throughout Mississippi and Tennessee with estate planning, business law, asset protection, probate or estate administration, elder law and Medicaid planning, charitable planning, and tax consulting.
Location
363 N. Green StreetTupelo, MS 38804
Phone
(662) 823-2679
Service Area
Statewide
Estate PlanningProbate AdministrationAsset ProtectionElder LawMedicaid PlanningTax Law
Visit site
Mitchell, McNutt & Sams, P.A.
FirmOne of Mississippi's largest law firms, founded in 1904. Comprehensive estate planning practice covering wills, testamentary trusts, inter vivos trusts (life insurance trusts, special needs trusts, generation-skipping trusts), family limited partnerships, LLCs, charitable foundations, durable powers of attorney, advance healthcare directives, guardianships, Medicaid planning, and estate tax returns. Over 25 attorneys licensed in MS, TN, AL, and AR.
Location
215 North 5th StreetColumbus, MS 39701
Phone
(662) 328-2316
Established
1904
Service Area
Statewide
Estate PlanningProbate AdministrationElder LawTrust AdministrationTax PlanningMedicaid PlanningGuardianshipSpecial Needs Planning
Visit site
Morton Law Firm, PLLC
FirmSpecializes in elder law and estate planning matters, helping families protect assets from government programs, taxes, lawsuits, creditors, and nursing home costs. Offers a fixed-fee estate planning process completed within two weeks. Maintains expertise in qualifying wartime veterans for special pension benefits.
Location
402 E. Main StreetClinton, MS 39056
Phone
(601) 925-9797
Established
1997
Service Area
Statewide
Estate PlanningProbate AdministrationElder LawMedicaid PlanningSpecial Needs PlanningVeterans BenefitsAsset Protection
Free consultationVisit site
The Stubbs Law Firm, PLLC
FirmOffers comprehensive estate planning solutions including drafting and reviewing wills and trusts, power of attorney documents, healthcare directives, probate and estate administration, and estate tax planning strategies to minimize taxes and protect accumulated wealth. Emphasizes personalized plans that meet specific client needs.
Location
1675 U.S. 80Flowood, MS 39232
Phone
(601) 203-1653
Service Area
Statewide
Estate PlanningProbate AdministrationWills TrustsTax Planning
Free consultationVisit site
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
- Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299
- Miss. Code § 91-7-299 (reasonable compensation; no statutory percentage)
- Miss. Code Ann. § 25-7-9
- Miss. Code Ann. § 91-7-151 (90 days after first publication); § 91-7-145 (notice to creditors; publish weekly for 3 consecutive weeks)
- Miss. Code Ann. § 91-7-322 (small estate affidavit
- Miss. Code Ann. §§ 91-7-41, 91-7-45
Data sourced from Mississippi statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Chancery Court in Newton County, attaching the original will (if any), the death certificate, and the filing fee ($140). Once the court issues letters, the personal representative can act.
Total probate costs usually run 3–8% of the estate value. For Newton County, that means filing fees ($140 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Chancery Court in Newton County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Mississippi self-filing assessment scores whether this estate can be handled without one.
A simple Mississippi probate typically closes in 6–12 months; average estates run 12–18 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Newton County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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