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Franklin County, TN Probate Information
Quick facts
| Item | Franklin County details |
|---|---|
| Court | Franklin County Chancery Court, with filings taken by the Clerk and Master. Tennessee uses the court exercising probate jurisdiction in the county of the decedent's legal residence, and the chancery default is subject to local law (T.C.A. § 30-4-102; T.C.A. § 16-16-201). |
| Courthouse address | 440 George Fraley Parkway, Box 4, Winchester, TN 37398 |
| Mailing address | Same address. The court publishes Box 4 as part of the courthouse address and does not publish a separate P.O. box. |
| Phone | (931) 967-2843 |
| Fax | (931) 968-2425 |
| [email protected] | |
| Hours | The court website does not list public office hours. Call (931) 967-2843 before visiting. |
| Fee and costs | The clerk's statutory probate estate fee is $275, effective January 1, 2026 under 2025 Public Chapter 486, with the statutory fee rising to $300 in 2027 and $325 in 2028. State and local litigation taxes and county costs are added under T.C.A. § 8-21-401. Franklin County also lists notice to creditors at $148.36, payable to Lakeway Publishers, as shown on the county page reviewed August 30, 2026. |
| Forms | Local forms are limited. The court publishes a Claim Against Estate form, a Probate Information intake form, and an Annual Status Report - Conservatorship. It does not publish a pro se probate petition packet. |
| Electronic filing | No statewide Tennessee trial-court electronic filing system is available. Franklin County says electronic filing is not available in its office. Motions and orders may be accepted by email, but complaints and petitions, including an opening probate petition, must be filed by fax, mail, or in person. |
| Online records search | Franklin County publishes an online records search at https://franklin.tncrtinfo.com/. The search page lists the Clerk and Master, with Civil and Criminal case type choices, and does not label a separate probate category. |
| Remote proceedings | Tenn. Sup. Ct. R. 55, Rule 55, adopted by order filed June 8, 2023, allows teleconferencing, video conferencing, or other remote technology at the trial court's discretion. Franklin County does not publish a separate probate remote-appearance practice. |
| Website | https://franklincountychancerycourt.org/ |
Before you begin — know the assets and liabilities
Before filing in Winchester, make a working list of probate assets, debts, heirs, beneficiaries, and any accounts that may pass outside probate. The right Franklin County path depends on what exists, what is titled in the decedent's name, and whether a will needs to be presented.
Sunset can support estate settlement by helping you search for accounts across 2,300 institutions before you decide what to file. That asset picture also helps you avoid scheduling a Franklin County appointment before the petition, notices, and supporting documents are ready.
Which court handles jurisdiction
Franklin County probate filings are handled in Winchester at the Franklin County Chancery Court. The county seat and courthouse city is Winchester, and Franklin County also includes Cowan, Decherd, Estill Springs, Huntland, Sewanee, and surrounding unincorporated areas.
Tennessee law sends the estate to the court exercising probate jurisdiction in the county where the person had legal residence at death (T.C.A. § 30-4-102). In many Tennessee counties that court is chancery court under T.C.A. § 16-16-201, and Franklin County's own Chancery Court says probate jurisdiction was transferred from General Sessions Court to Chancery Court on July 1, 2014. In Franklin County, submit papers through the Clerk and Master for the Franklin County Chancery Court.
The jurisdiction process
- Identify the assets, debts, heirs, beneficiaries, will, and any need for a personal representative before starting the Franklin County estate settlement.
- Prepare the petition and supporting documents. Franklin County publishes a Probate Information intake form and a Claim Against Estate form, but it does not publish a pro se probate petition packet. The court recommends legal counsel for the petition process, including matters under T.C.A. § 30-4-103.
- Submit the opening probate petition to the Franklin County Clerk and Master at 440 George Fraley Parkway, Box 4, Winchester, TN 37398. The office says complaints and petitions must be filed by fax, mail, or in person, not by email.
- Pay the required costs. The statutory probate estate fee is $275, effective January 1, 2026 under 2025 Public Chapter 486, rising to $300 in 2027 and $325 in 2028, with state and local litigation taxes and other costs added under T.C.A. § 8-21-401. Franklin County lists notice to creditors at $148.36, payable to Lakeway Publishers, as shown on the county page reviewed August 30, 2026.
- Schedule the appointment or hearing with the Clerk and Master. Franklin County says appointments are needed to probate an estate unless otherwise approved, and documents need pre-approval at least two days before the scheduled appointment.
- Address remote attendance only through the court. Tenn. Sup. Ct. R. 55, adopted by order filed June 8, 2023, makes remote technology permissible at the trial court's discretion and creates no statewide default.
- After approval, the clerk issues letters testamentary if there is a will or letters of administration if there is not (T.C.A. § 30-1-117). Administration runs from the issuance of those letters, and the clerk handles notice to creditors under T.C.A. § 30-2-306.
- Administer and close the estate by collecting assets, handling claims against the estate under T.C.A. § 30-2-307, filing any required inventory under T.C.A. § 30-2-301, addressing TennCare notice under T.C.A. § 71-5-116, distributing remaining property, and submitting the closing paperwork required by the Franklin County Chancery Court.
Forms and documents
Probate forms in Franklin County
Tennessee's Administrative Office of the Courts does not publish a statewide probate form set. Its Self-Help Center says probate and estate matters are handled by the Clerk and Master in your county, and Franklin County's filing office is the Clerk and Master for the Franklin County Chancery Court.
Franklin County publishes a Claim Against Estate form, a Probate Information intake form, and an Annual Status Report - Conservatorship. The Probate Information form is not a petition, and the court does not publish a pro se probate petition packet or checklist for opening an estate.
For the petition itself, Franklin County says appointments are needed to probate an estate unless otherwise approved by the Clerk and Master, and documents need pre-approval at least two days before the appointment. Attorneys may submit probate documents by mail if they include a self-addressed, stamped envelope for return of documents.
Fees
| Cost item | Franklin County detail |
|---|---|
| Statutory probate estate fee | $275, effective January 1, 2026 under 2025 Public Chapter 486, rising to $300 in 2027 and $325 in 2028. State and local litigation taxes and other costs are added under T.C.A. § 8-21-401. |
| Notice to creditors | $148.36, payable to Lakeway Publishers, as listed by Franklin County on the county page reviewed August 30, 2026. Notice to creditors is handled under T.C.A. § 30-2-306. |
| Creditor claim filing | $50.00, effective January 1, 2026 under 2025 Public Chapter 486, for creditor claims against probate estates under T.C.A. § 8-21-401. |
| Payment methods | Franklin County lists cash, check, money order, or debit or credit card. The county page states a 3 percent card-processing fee applies. |
Timeline
- Call the Franklin County Clerk and Master before visiting, because the court website does not publish public office hours.
- Prepare the probate documents before requesting an appointment. Franklin County says appointments are needed to probate an estate unless otherwise approved by the Clerk and Master.
- Send documents for pre-approval at least two days before the scheduled appointment, as Franklin County instructs on its probate information page.
- File the opening petition by fax, mail, or in person. Franklin County says motions and orders may be accepted by email, but complaints and petitions may not.
- If you are an attorney submitting probate documents by mail, include a self-addressed, stamped envelope for return of documents.
Local nuance
Franklin County-specific considerations
Franklin County is a chancery probate county today, but its own Chancery Court page explains why that should not be assumed from the name alone. The court says probate jurisdiction transferred from General Sessions Court to Chancery Court on July 1, 2014 (T.C.A. § 16-16-201).
The other practical Franklin County detail is its filing channel. The court says electronic filing is not available in its office. Motions and orders may be accepted by email, but an opening complaint or petition must be filed by fax, mail, or in person.
Small-estate Alternatives
Franklin County's probate information page references 2023 Public Chapter 297 and says no forms are provided for pro se filers for that process. The statewide process is a petition for limited letters under T.C.A. § 30-4-103, and Franklin County recommends consulting an attorney before trying to prepare that filing without counsel.
Recent updates
| Date | Local change |
|---|---|
| July 1, 2014 | Franklin County's Chancery Court says probate jurisdiction transferred from General Sessions Court to Chancery Court. Tennessee's chancery default and local-law exception are governed by T.C.A. § 16-16-201. |
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating jointly owned property from assets titled only in the decedent's name. If a Franklin County probate filing is needed, schedule through the Clerk and Master in Winchester and have documents pre-approved at least two days before the appointment. | Sunset helps identify accounts, organize the estate settlement file, and generate a cleaner starting packet for local review. |
| Out-of-state adult child with small estate | Ask the Franklin County Clerk and Master how to handle the appointment and filing logistics from out of state. Franklin County says complaints and petitions must be filed by fax, mail, or in person, and its local page recommends counsel for the small estate process under T.C.A. § 30-4-103. | Sunset helps gather asset information, prepare organized summaries, and connect you with local Tennessee counsel when travel or local filing rules are hard to manage. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires careful title review and a Franklin County Chancery Court filing if authority from the estate is needed. Use the Clerk and Master's local process, and plan for document pre-approval before any probate appointment. | Sunset helps locate financial accounts, keep the estate settlement checklist organized, and connect the family with a vetted probate attorney for real-property issues. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Franklin County Chancery Court Clerk and Master | The local filing office for Franklin County probate. The office can accept filings and schedule appointments, but court staff cannot give legal advice or engage in the practice of law under T.C.A. § 16-3-804. | (931) 967-2843; https://franklincountychancerycourt.org/ |
| Tennessee Administrative Office of the Courts Self-Help Center | The AOC Self-Help Center says probate and estate matters are handled by the Clerk and Master in your county. It also states that state court employees cannot provide legal advice under T.C.A. § 16-3-804. | https://www.tncourts.gov/programs/self-help-center |
| Tennessee Find court clerk tool | Statewide tool for locating the proper clerk contact when you need to confirm the filing office. | https://www.tncourts.gov/programs/self-help-center/find-court-clerk |
| Legal Aid Society of Middle Tennessee and the Cumberlands, Tullahoma office | The organization publishes that its service area includes Franklin County. Its site does not list probate or estate administration as a described service category, so ask whether your specific matter fits before relying on it. | https://las.org/ |
When to hire an attorney
Consider working with a Tennessee probate attorney if the will may be challenged, the estate includes real property that must be sold, heirs disagree, creditor issues are unclear, a petition for limited letters under T.C.A. § 30-4-103 is being prepared without a published Franklin County template, or you cannot travel to Winchester for the local appointment process. Sunset connects you to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank, investment, retirement, insurance, and other accounts so the Franklin County filing is based on a clearer asset list.
Generate the probate packet. Sunset organizes the information needed for a petition, local intake forms, and attorney review, then helps turn scattered documents into a usable estate settlement packet.
Find a local probate attorney. When Franklin County procedure, real property, creditor claims, or family conflict makes counsel important, Sunset can connect you with a vetted probate attorney.
Sunset is free for families. Families can use Sunset without paying for the platform, and they can decide whether they want attorney help after they understand the estate settlement path.
Frequently asked questions
Where do I file probate in Franklin County, Tennessee?
File with the Clerk and Master for the Franklin County Chancery Court at 440 George Fraley Parkway, Box 4, Winchester, TN 37398. Tennessee sends probate to the court exercising probate jurisdiction in the county where the person lived at death (T.C.A. § 30-4-102), and Franklin County's probate jurisdiction is in Chancery Court under the local history described by the court and T.C.A. § 16-16-201.
Is Franklin County probate filed in Winchester or in the city of Franklin?
Franklin County probate is filed in Winchester. The city of Franklin, Tennessee is in Williamson County, not Franklin County.
Can I file a Franklin County probate petition by email?
No. Franklin County says motions and orders may be accepted by email, but complaints and petitions, including an opening probate petition, must be filed by fax, mail, or in person.
Does Franklin County have electronic filing for probate?
The court says electronic filing is not available in its office. Tennessee also has no statewide trial-court electronic filing system for probate cases.
Does Franklin County require an appointment to probate an estate?
Yes, unless otherwise approved by the Clerk and Master. Franklin County says appointments are needed to probate an estate, and documents need pre-approval at least two days before the scheduled appointment.
What does Franklin County charge to open probate?
The statutory probate estate fee is $275, effective January 1, 2026 under 2025 Public Chapter 486, rising to $300 in 2027 and $325 in 2028. State and local litigation taxes and other costs are added under T.C.A. § 8-21-401. Franklin County's own probate information page lists an estate-opening total that includes added costs, so call (931) 967-2843 before filing for the current amount.
Can I look up a Franklin County probate case online?
Franklin County publishes an online records search at https://franklin.tncrtinfo.com/. The search page lists the Clerk and Master and offers Civil and Criminal case types, but it does not label a separate probate category.
Can I attend a Franklin County probate hearing remotely?
Franklin County does not publish a probate-specific remote appearance practice. Tenn. Sup. Ct. R. 55, Rule 55, adopted by order filed June 8, 2023, says use of teleconferencing, video conferencing, or other technology for remote court proceedings is permissible at the trial court's discretion.
What Franklin County probate forms are online?
Franklin County publishes a Claim Against Estate form, a Probate Information intake form, and an Annual Status Report - Conservatorship. It does not publish a pro se petition packet for opening probate.
What document gives a personal representative authority in Franklin County?
Tennessee uses letters testamentary when there is a will and letters of administration when there is not (T.C.A. § 30-1-117). In Franklin County, the Clerk and Master issues those letters after the Chancery Court filing is approved.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.