Probate in Smith 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 Smith 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
Smith County
Address
Phone
Fax
Hours
Chancery Clerk: Cindy Austin. Mailing: PO Box 39, Raleigh, MS 39153.
Verified July 5, 2026 · Source
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 Smith County, probate runs through the Chancery Court at 201 Courthouse Square, Raleigh.
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 months to 18 months 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 Sep 8, 2026View source 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 Smith 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 201 Courthouse Square, Raleigh.
Mississippi charges $143Miss. Code Ann. § 25-7-9; § 37-26-3; § 37-26-9(4)Verified Sep 8, 2026View source 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 1.6%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source to 2.5%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. 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, 91-7-45, 91-7-67Verified Sep 8, 2026View source of estate value annually.
Probate in Mississippi typically runs 12 months to 18 months, and costs accrue throughout that period.
If you're handling probate yourself in Smith 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
You can file your probate documents in person or by mail. While attorneys are required to e-file in Smith County, families handling probate themselves are exempt and can file on paper.
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 InformationNot 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 Smith County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
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.
SourceChancery Clerk records and court sessions in separate Chancery Building
Chancery Clerk records and Chancery Court sessions are held in the Chancery Building located across from the main Smith County Courthouse on Courthouse Square in Raleigh.
SourceTo 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.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Chancery Clerk.
Deeds and other real property documents for Smith County are recorded with the Chancery Clerk, led by Chancery Clerk Cindy Austin, at 201 Courthouse Square, Raleigh, MS 39153. Phone: 601-782-9811. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
Documents submitted by mail go to PO Box 39, Raleigh, MS 39153.
The Chancery Clerk charges $25 for the first 5 pages plus $1 for each page beyond 5.
Recording Office Record
Smith County · Chancery Clerk · Cindy Austin
Address
Phone
Fax
Hours
Recording fees
| Base fee (first 5 pages) | $25 |
| Each page beyond 5 | $1 |
| Transfer tax on a TOD deed | Exempt |
Miss. Code Ann. 25-7-9(1)(b)
Verified September 7, 2026 · Source
Mississippi allows informal probate, so many families settle straightforward estates in Smith County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Mississippi are based on reasonable compensation — typically 1.6%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source to 2.5%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Smith 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.
FirmMeridian, MS
A 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.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmTupelo, MS
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
FirmColumbus, MS
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
FirmClinton, MS
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
FirmFlowood, MS
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
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.
Data sourced from Mississippi statutes and official state code. How we research.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Step-by-step tools for families in Smith County, Mississippi.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
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