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
- Small Estate Affidavit
- $0Personal property ≤$75K, no court filing
- Full Administration (per county)
- ~$148–$184Statutory base + county recording charges
- Executor Compensation
- ReasonableMiss. Code § 91-7-299, no percentage
- State Estate / Inheritance Tax
- $0Mississippi has none
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.
Typical Total Cost Ranges
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| 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. When the executor or administrator is also a licensed attorney and acts as the estate's lawyer, the court may allow reasonable attorney compensation in lieu of the executor or administrator commission, rather than both (Miss. Code § 91-7-281).
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. When no newspaper is published in the county, the law allows notice by posting at the courthouse door and three other public places instead, which removes the newspaper charge (Miss. Code § 91-7-145). The chancery clerk may demand actual publication and process charges in advance under Miss. Code § 25-7-9.
Inventory and Appraisement
The executor or administrator files an inventory of the estate within 90 days after the grant of letters, unless the court or Clerk allows more time (Miss. Code § 91-7-93). An appraisement is a separate question: when the court orders one, a warrant issues commanding three or more disinterested persons, not related to the deceased and not interested in the estate, to appraise the assets (Miss. Code § 91-7-109). Many estates ask the court to dispense with a formal appraisement when the values are clear.
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. Mississippi stopped requiring a state estate tax return for deaths on or after January 1, 2005, and the state does not tax beneficiaries on what they inherit. 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.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Mississippi Medicaid estate recovery guide explains when that applies.