Mississippi Probate Cost: Chancery Court Fees and County Checks
Mississippi probate filing fees are set per county on a statewide statutory base and do not scale with estate value. The statewide statutory base under Miss. Code § 25-7-9 is $85.00, plus $40.00 and $10.00 in statutory fund fees, and counties add land-records recording and other charges. Observe county totals of roughly $148–$184 in sampled counties. Executor compensation is court-determined with no statutory percentage.
Mississippi probate cost is not a percentage of the estate. The Chancery Court is the only probate court in Mississippi — there is no separate probate court — and the Chancery Clerk is the filing office. The statewide statutory base for a chancery clerk's estate-of-deceased filing fee under Miss. Code § 25-7-9 is $85.00 (plus a $40.00 Judicial System Operation Fund fee and a $10.00 Comprehensive Electronic Court Systems Fund fee), to which counties add land-records recording and other charges. Observed all-in opening costs in sampled counties run from about $148 to $184 for full administration. These fees do not rise with the size of the estate.
Mississippi imposes no state probate tax, no state estate tax, and no state inheritance tax, so there is no value-based tax assessed when an estate is opened. Executor and administrator compensation is court-determined under Miss. Code § 91-7-299 with no fixed statutory percentage — the chancery court allows such a sum as it deems proper, considering the estate value and the difficulty of the duties. Attorney's fees are also allowed by the court when proper and reasonable (Miss. Code § 91-7-281). The largest swing factors are professional fees, publication and notice costs, and whether the estate involves real property, disputes, or complex assets. Confirm current figures with the county Chancery Clerk before budgeting.
Quick Summary
Mississippi does not publish a single statewide estate fee schedule. The statutory base under Miss. Code § 25-7-9 is the same statewide, but each county's chancery clerk adds land-records recording fees and other charges, so all-in county totals vary. Confirm the current fee schedule, required documents, bond, and payment methods with the county Chancery Clerk before filing.
Probate Cost by Procedure
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Affidavit (Miss. Code § 91-7-322) | Entire probate estate $75,000 or less; personal property only; no real property to administer | $0 (affidavit presented to the asset holder; no Chancery Court filing) | 30+ days after death | No | Small personal-property estates where no real property requires administration and no personal representative is pending |
| Muniment of Title (Miss. Code § 91-5-35) | Solvent estate; will only needs to establish title; no full administration required | County chancery clerk fee (~$148–$174 observed in sampled counties; does not scale with estate value) | Chancery Court filing and recording timing; varies by county | No statewide requirement; commonly used | Estates where a will only needs to be recorded to establish title to real property, without appointing a personal representative |
| Full Administration — Letters Testamentary or Letters of Administration | No dollar cap; use when the estate exceeds the small-estate limit, includes real property, or has debts or disputes | County chancery clerk fee (~$148–$184 observed in sampled counties; statutory base $85.00 + $40.00 + $10.00 under Miss. Code § 25-7-9; does not scale with estate value) | Several months or longer, including 90-day creditor claim period from first publication (Miss. Code § 91-7-145) | No statewide blanket requirement; recommended for larger or contested estates | Estates with real property, creditors, disputes, or a value above the small-estate limit |
Additional Costs to Expect
Executor / Administrator Compensation
Under Miss. Code § 91-7-299 the chancery court allows the executor or administrator such a sum as the court deems proper, considering the value of the estate and the difficulty of the duties. Mississippi sets no fixed statutory percentage and no sliding-scale commission table. Some practitioners observe customary allowances in low single-digit percentages, but those are not in the Code and are not binding rates. A personal representative may also be allowed necessary expenses, including a reasonable attorney's fee, assessed from the estate.
Attorney's Fees
Miss. Code § 91-7-281 allows attorney's fees when the court finds the services were proper and rendered in good faith. Mississippi has no statutory attorney-fee percentage schedule for estate work. Fees are agreed by contract and separately approved by the chancery court if paid from the estate.
Notice to Creditors / Publication
The personal representative must publish notice to creditors in a county newspaper. Publication cost is paid to the publisher, not the clerk, and depends on the county and the newspaper used. The chancery clerk may demand actual publication and process charges in advance under Miss. Code § 25-7-9.
Certified Death Certificates
Certified Mississippi death certificates are issued by the Mississippi State Department of Health (MSDH) Vital Records. Confirm the current fee and per-copy structure with MSDH Vital Records before ordering.
Land-Records Recording
Recording deeds, wills, and estate-related instruments in the county land records is charged per the chancery clerk's schedule. A commonly published rate is $25.00 for the first five pages and $1.00 per additional page, but counties may itemize differently. Confirm the current schedule with the county Chancery Clerk.
Certified Court Copies
Chancery clerks charge for certified copies of estate records (letters testamentary or of administration, orders, and other documents) under their § 25-7-9 fee schedules. The per-page or per-document charge varies by county.
Bond Premium
The chancery court may require a fiduciary surety bond depending on the will, the applicant, and the beneficiaries. The premium depends on the estate value and the surety. Bond requirements vary; confirm with the county Chancery Court.
State Probate, Estate, and Inheritance Tax
Mississippi imposes no state probate tax, no state estate tax, and no state inheritance tax. A federal estate tax return (Form 706) is required only for estates exceeding the federal exclusion. A final individual income tax return and a Mississippi fiduciary income tax return on estate income may also apply.
Typical Total Cost Ranges
Source Notes
- Statute / Authority
- Miss. Code § 25-7-9 (chancery clerk fees); Miss. Code § 91-7-299 (executor/administrator compensation); Miss. Code § 91-7-281 (attorney's fees); Miss. Code § 91-7-322 (small estate affidavit); Miss. Code § 91-7-145 (creditor claims)
- Fee Source
- Miss. Code § 25-7-9 statewide statutory base; county chancery clerk fee schedules (Oktibbeha County: $158.00; Jackson County: $184.00 for estate / $174.00 muniment of title)
- Last Verified
- June 2026
- Notes
- Mississippi has no single statewide judiciary estate fee schedule and no state probate or estate tax. The chancery clerk's estate filing fee under Miss. Code § 25-7-9 is $85.00 (plus $40.00 + $10.00 statutory fund fees), and counties add recording and other charges; all-in county totals in sampled counties run roughly $148–$184. Filing fees do not scale with estate value. Executor compensation is court-determined with no statutory percentage (Miss. Code § 91-7-299). Confirm the current county schedule before filing. Note: Miss. Code § 25-7-9 carries an "Effective Until 1/1/2028" designation in the 2024 Code — re-check before January 1, 2028.
Sources
- Miss. Code § 25-7-9, Clerks of the chancery court — feesMississippi Legislature / Justia. Current code (effective until 1/1/2028), accessed June 2026.
- Miss. Code § 91-7-299, Allowance to executor or administratorMississippi Legislature / Justia. Current code, accessed June 2026.
- Miss. Code § 91-7-281, Attorney's fees allowableMississippi Legislature / Justia. Current code, accessed June 2026.
- Oktibbeha County, MS — Chancery Court Filing FeesOktibbeha County Chancery Clerk. Accessed June 2026.
- Jackson County, MS — Chancery Court FeesJackson County Chancery Clerk. Accessed June 2026.
Frequently Asked Questions
How much does probate cost in Mississippi?
Mississippi has no single statewide estate fee. The Chancery Clerk's filing fee is built on a statewide statutory base of $85.00 under Miss. Code § 25-7-9 (plus $40.00 and $10.00 in statutory fund fees), and counties add recording and other charges. Observed all-in costs in sampled counties run roughly $148 to $184 for full administration. Fees do not scale with estate value. The total then depends on executor compensation (court-determined, no percentage), publication, certified copies, bond, and professional fees.
Does the Mississippi probate filing fee depend on estate value?
No. The chancery clerk's estate filing fee under Miss. Code § 25-7-9 is a flat civil filing fee that does not increase with the size of the estate. A larger estate does not pay a larger court filing fee.
What is the cheapest way to settle an estate in Mississippi?
For a qualifying small personal-property estate, the small estate affidavit under Miss. Code § 91-7-322 is the lowest-cost path because no Chancery Court estate is opened and there is no court filing fee. It is available at least 30 days after death when the entire probate estate does not exceed $75,000, the decedent owned no real property to be administered, and no personal representative is pending. If the estate has real property and a will only needs to be recorded to establish title, a muniment-of-title proceeding under Miss. Code § 91-5-35 may be lower-cost than full administration.
How much does a Mississippi executor get paid?
Mississippi sets no fixed statutory percentage. Under Miss. Code § 91-7-299 the chancery court allows the executor or administrator a reasonable sum as it deems proper, considering the value of the estate and the difficulty of the duties. A historically cited customary range of low single-digit percentages is not a statutory rate and is not binding. The court may also allow necessary expenses, including a reasonable attorney's fee assessed from the estate.
Does Mississippi have an estate tax or inheritance tax?
No. Mississippi imposes no state probate tax, no state estate tax, and no state inheritance tax. Only the federal estate tax can apply, and that affects only very large estates above the federal exemption. Estate income earned during administration may be subject to Mississippi fiduciary income tax, but that is an income tax, not a death-transfer tax.
Are Mississippi probate fees the same in every county?
The statewide statutory base under Miss. Code § 25-7-9 is uniform, but each county Chancery Clerk adds land-records recording and other charges, so all-in totals vary by county. Observed costs in sampled counties run roughly $148 to $184 for full administration. Confirm the current fee schedule with the county Chancery Clerk before filing.
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