Mississippi Probate Types: Small Estate Affidavit, Muniment of Title, and Full Administration
Mississippi has no separate probate court. All estate administration is handled by the Chancery Court in the county where the decedent was domiciled, and the Chancery Clerk is the filing office. The path turns on whether the estate is small enough for the affidavit, whether a will only needs to be recorded to establish title, or whether full administration is required.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Mississippi Probate Types
Mississippi estate work runs through the Chancery Court, not a separate probate court. Every county has a Chancery Court and a Chancery Clerk who is the filing office. Attorneys file through the statewide Mississippi Electronic Courts (MEC) system; self-represented filers generally appear in person at the Chancery Clerk's office.
The simplest path is the small estate affidavit under Miss. Code § 91-7-322, which avoids opening a court case entirely for qualifying personal-property estates of $75,000 or less at least 30 days after death. When a will only needs to be recorded to pass title — often real property in a solvent estate — a muniment-of-title proceeding under Miss. Code § 91-5-35 may allow the will to be probated without appointing a personal representative. Larger estates, those including real property requiring administration, or those with debts or disputes go through full administration in Chancery Court.
Mississippi calls the fiduciary the executor (with a will) or administrator (without a will), and the court issues letters testamentary or letters of administration. There is no fixed statutory percentage for executor or administrator compensation: under Miss. Code § 91-7-299 the chancery court allows a reasonable sum as it deems proper. Mississippi imposes no state probate tax and no state estate or inheritance tax.
Use the table below to narrow the question, then confirm the current fee schedule, required documents, bond, and notice requirements with the county Chancery Clerk where the estate will be filed. This page is planning information, not legal advice.
Simplified vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Estate size | Small estate affidavit fits a $75,000 or less entire probate estate, no real property | Muniment of title and full administration have no dollar cap | Summary |
| Court involvement | Affidavit needs no court filing; muniment of title records a will without appointing a personal representative | Full administration involves opening a Chancery Court estate, a personal representative, notice to creditors, inventory, and accounting | Summary |
| Real property | Affidavit cannot transfer real property; muniment of title records a will to establish title to real property | Full administration can address real property through estate authority | Tie |
| Filing fee | $0 for the affidavit; county chancery fee (~$148–$174) for muniment of title | County chancery filing fee (~$148–$184); fees do not scale with estate value | Summary |
| Disputes or debts | Affidavit and muniment of title are poor fits for contested estates or significant debts | Full administration with a personal representative and Chancery Court oversight handles creditors and disputes | Formal |
Main Mississippi Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Small Estate Affidavit Miss. Code § 91-7-322 | Entire probate estate $75,000 or less; personal property only; no real property to administer; 30 days after death; no personal representative pending or appointed | $0 chancery filing fee | 30+ days after death; then asset-holder timing | No | No |
Muniment of Title Miss. Code § 91-5-35 | Solvent estate; a will only needs to be recorded to establish title; no full administration required | County chancery clerk fee (observed ~$148–$174 in sampled counties; statutory base under Miss. Code § 25-7-9) | Chancery Court filing and recording timing; county schedule varies | Yes (used primarily to record a will and establish title to real property) | No statewide requirement; commonly used for this proceeding |
Full Administration (Letters Testamentary or Letters of Administration) Miss. Code Title 91, Chapter 7 | No dollar cap; used when the estate exceeds the small-estate limit, includes real property requiring administration, has debts, or involves disputes | County chancery clerk fee (observed ~$148–$184 in sampled counties; statutory base $85.00 + $40.00 + $10.00 under Miss. Code § 25-7-9) | Several months or longer, including the 90-day creditor claim period from first publication (Miss. Code § 91-7-145) | Yes | No statewide blanket requirement; recommended for larger, contested, or more complex estates |
* Mississippi has no statewide judiciary estate fee schedule. Chancery clerk filing fees are built on a statewide statutory base under Miss. Code § 25-7-9 ($85.00 total clerk fee + $40.00 Judicial System Operation Fund fee + $10.00 Comprehensive Electronic Court Systems Fund fee), to which counties add land-records recording and other charges. Observed all-in opening costs for a full estate range from about $148 to $184 in sampled counties (Oktibbeha: $158; Jackson: $184). Muniment-of-title fees observed at $148–$174. Fees do not scale with estate value. Confirm the current schedule with the county Chancery Clerk before filing.
Side-by-Side Comparison
Small Estate Affidavit
Miss. Code § 91-7-322
Small personal-property estates such as bank accounts and securities, where the probate value fits the $75,000 cap and no real property requires administration
Muniment of Title
Miss. Code § 91-5-35
Solvent estates where a will exists and only needs to be established to pass title — typically real property — without the need for ongoing administration
Full Administration (Letters Testamentary or Letters of Administration)
Miss. Code Title 91, Chapter 7
Estates that exceed the small-estate limit, include real property requiring administration, have creditors, or involve disputes among heirs or devisees
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Take the Mississippi AssessmentFrequently Asked Questions
What are the main Mississippi probate types?
Mississippi families generally compare the small estate affidavit under Miss. Code § 91-7-322 for qualifying personal-property estates, muniment of title under Miss. Code § 91-5-35 to record a will without full administration, and full administration in Chancery Court — through letters testamentary when there is a will, or letters of administration when there is no will. Mississippi has no separate probate court; all estate matters go through the Chancery Court.
Does Mississippi have a small estate affidavit?
Yes. Under Miss. Code § 91-7-322 a successor can collect personal property by affidavit when the entire probate estate does not exceed $75,000, at least 30 days have passed since death, the decedent owned no real property to be administered, and no personal representative is pending or appointed. The affidavit is presented to the asset holder, not filed with the Chancery Court, so there is no chancery filing fee for this path.
What is muniment of title in Mississippi?
Muniment of title under Miss. Code § 91-5-35 lets a will be probated in Chancery Court without appointing a personal representative, when the estate is solvent and the will only needs to be established to pass title — most commonly used for real property. It avoids ongoing estate administration and is lower-cost than full administration, but the estate must be solvent and no administration beyond title-recording is needed.
How much does it cost to open an estate in Mississippi Chancery Court?
Mississippi has no statewide judiciary estate fee schedule. Chancery clerk filing fees are built on a statewide statutory base of $85.00 under Miss. Code § 25-7-9, 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 range from about $148 to $184. Filing fees do not scale with estate value. Confirm the current schedule with the county Chancery Clerk before filing.
How much does a Mississippi executor or administrator 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. The old 7% commission cap cited in older Mississippi practice materials was repealed; do not rely on a fixed percentage. Attorney's fees are also allowed by the chancery court when the court finds the services proper and reasonable (Miss. Code § 91-7-281).
How long do Mississippi creditors have to file a claim?
After letters are granted, the personal representative must publish notice to creditors. Creditors generally must probate and register their claims with the Chancery Clerk within 90 days (about three months) of the first publication of notice, under Miss. Code § 91-7-145. The personal representative must also give actual notice to reasonably ascertainable creditors. Confirm the current notice and claim requirements with the county Chancery Clerk.
Important: Mississippi probate is filed in the Chancery Court of the county where the decedent was domiciled. The Chancery Clerk is the filing office. Fee schedules, required documents, bond requirements, and notice publication practices vary by county. Use this page as a statewide planning comparison, then confirm the current packet and fee with the county Chancery Clerk before filing.
Sources & Verification
Legal Authority: Miss. Code Title 91 (estate administration) including §§ 91-5-35 (muniment of title), 91-7-145 (creditor claims), 91-7-299 (executor compensation), 91-7-322 (small estate affidavit); Miss. Code § 25-7-9 (chancery clerk filing fees)
Last Verified: June 2026
Mississippi has no statewide judiciary estate fee schedule. Chancery clerk filing fees are built on a statewide statutory base under Miss. Code § 25-7-9 ($85.00 total clerk fee + $40.00 Judicial System Operation Fund fee + $10.00 Comprehensive Electronic Court Systems Fund fee), to which counties add land-records recording and other charges. Observed all-in opening costs for a full estate range from about $148 to $184 in sampled counties (Oktibbeha: $158; Jackson: $184). Muniment-of-title fees observed at $148–$174. Fees do not scale with estate value. Confirm the current schedule with the county Chancery Clerk before filing.
Miss. Code § 91-7-322, Affidavit of successor — delivery of personal property
Mississippi Legislature / Justia. Current code, accessed June 2026.
Miss. Code § 91-5-35, Probate of will as muniment of title
Mississippi Legislature / Justia. Current code, accessed June 2026.
Miss. Code § 91-7-299, Allowance to executor or administrator
Mississippi Legislature / Justia. Current code, accessed June 2026.
Miss. Code § 25-7-9, Clerks of the chancery court — fees
Mississippi Legislature / Justia. Current code (effective until 1/1/2028), accessed June 2026.
State of Mississippi Judiciary — Chancery Courts
Mississippi Courts. Current court resource, accessed June 2026.
This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.