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Hamilton County, TN Probate Information
Quick facts
| Topic | Hamilton County information |
|---|---|
| Court | Hamilton County Chancery Court, Probate Division of Chancery Court Part 2 |
| Filing officer | Clerk and Master for Hamilton County |
| Courthouse address | Hamilton County Courthouse, Room 300, 625 Georgia Avenue, Chattanooga, TN 37402 |
| Mailing address | Same as the courthouse address: Room 300, 625 Georgia Avenue, Chattanooga, TN 37402 |
| Main phone | (423) 209-6600 |
| Probate appointment line | The Clerk and Master's small estate packet under T.C.A. §§ 30-4-102 and 30-4-103 gives (423) 209-6615 for probate questions and appointments |
| Fax | (423) 209-6601 |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday, except county holidays. The Probate Division has a narrower appointment session described below. |
| Costs | The statutory probate clerk fee is $275, effective January 1, 2026, under 2025 Public Chapter 486 and T.C.A. § 8-21-401. Hamilton County's small estate packet under T.C.A. §§ 30-4-102 and 30-4-103 gives $409.50, revised July 22, 2026, as starting court costs for that packet and tells filers to confirm the current total. |
| Local forms | Yes. The Clerk and Master publishes numbered local probate forms, including administration petitions, a petition for limited letters under T.C.A. § 30-4-103, a muniment of title petition under T.C.A. § 32-2-111, inventory forms under T.C.A. § 30-2-301, notice forms, and claim forms. |
| Electronic and email filing | Hamilton County Chancery Court has electronic filing through the Tennessee Tybera eFlex portal and a January 1, 2026 email filing protocol with a probate filing mailbox. Original wills cannot be sent by email. |
| Case lookup | https://hamilton.tncrtinfo.com, choose the Probate court office |
| Remote proceedings | Tenn. Sup. Ct. R. 55, adopted June 8, 2023, leaves remote proceedings to the court's discretion. Part 2 posts a notice that its Monday motion dockets are heard in person and by WebEx, but the estate-opening appointment is not described as remote. |
| Website | https://www.hamiltontn.gov/ClerkMasterForms/default.htm |
Before you begin — know the assets and liabilities
Before you choose a Hamilton County probate path, make a practical list of what the person owned, what is jointly owned, what has a beneficiary, what is real estate, and what debts or claims may exist. The local small estate packet under T.C.A. §§ 30-4-102 and 30-4-103 says title to real estate cannot be transferred through that route, so asset classification matters before the first appointment.
Sunset can help with the asset discovery part of estate settlement by searching across 2,300 institutions for accounts, policies, and other assets. That gives you a cleaner picture before you call the Clerk and Master, download Hamilton County's numbered forms, or ask a lawyer which local filing path fits.
Which court handles jurisdiction
Hamilton County probate filings go to the Hamilton County Chancery Court in Chattanooga, not to a city court or to another Hamilton County in another state. The court serves Chattanooga, Collegedale, East Ridge, Lakesite, Red Bank, Ridgeside, Soddy Daisy, Walden, Signal Mountain, Lookout Mountain, and unincorporated Hamilton County communities through the same courthouse counter at 625 Georgia Avenue.
Tennessee law sends the estate to the court exercising probate jurisdiction in the county where the person lived at death (T.C.A. § 30-4-102). In most Tennessee counties that court is the chancery court and the filing office is the Clerk and Master (T.C.A. § 16-16-201). Hamilton County follows that default, so papers go to the Clerk and Master for Hamilton County in the Probate Division of Chancery Court Part 2.
The jurisdiction process
- Identify the estate property and debts before you file. Hamilton County's shorter route for a small estate under T.C.A. §§ 30-4-102 and 30-4-103 depends on probate personal property, and the Clerk and Master's packet says real estate cannot be transferred that way.
- Download the local numbered forms from the Clerk and Master's form index. Common starting points include Form 075P for intestate administration, Form 078P for testate administration, Form 005P for limited letters under T.C.A. § 30-4-103, and Forms 077P and 067P for a will admitted as a muniment of title under T.C.A. § 32-2-111.
- Call before you go. Local Rule 17.01 makes the Probate Division session appointment only from 9:00 to 10:30 a.m., Tuesday through Friday, and the small estate packet under T.C.A. §§ 30-4-102 and 30-4-103 narrows those openings to Wednesday and Friday mornings.
- File the papers with the Clerk and Master for Hamilton County at Room 300, 625 Georgia Avenue, Chattanooga. Mail goes to the same address. Hamilton also has electronic filing through the Chancery Court rules and a January 1, 2026 email filing protocol for qualifying filings, but an original will must reach the Clerk and Master on paper.
- Pay the required court costs under T.C.A. § 8-21-401. The statutory probate clerk fee is $275 as of January 1, 2026 (2025 Public Chapter 486); Hamilton's own probate fee schedule, effective the same day, charges one initial filing fee with the litigation taxes folded in, and its small estate packet gives $409.50 as the starting court costs, payable to the Clerk and Master. The county asks filers to call (423) 209-6600 for the up to date figure. A party who cannot pay may proceed on a pauper's oath, which T.C.A. § 8-21-401 ties to Rule 29 of the Tennessee Rules of the Supreme Court; the Clerk and Master publishes the Uniform Civil Affidavit of Indigency as Form 086E.
- Attend the appointment or hearing assigned to the matter. Local Rule 7.01 assigns probate to Chancery Court Part 2. Local Rule 17.04 allows petitions for probate in common form under T.C.A. § 30-1-117 to be heard by the Court or the Clerk, while probate in solemn form under T.C.A. § 30-1-117 is heard by the Court after required notice.
- Receive the authority document. Tennessee uses letters testamentary when there is a will and letters of administration when there is not (T.C.A. § 30-1-117). A small estate receives limited letters under T.C.A. § 30-4-103.
- Handle notices, claims, and the inventory. The clerk gives notice to creditors under T.C.A. § 30-2-306, and Hamilton bills it as a line item, $175.00 for publication plus $25.00 for preparing and causing the notice to be published. Inventory and beneficiary notices follow T.C.A. § 30-2-301; the Clerk and Master publishes local forms for each, including an affidavit of notice to TennCare.
- Manage creditor claims. Verified claims are filed with the Clerk in triplicate with the supporting documents, and the Clerk may decline a claim submitted without the statutory fee (Local Rule 17.07). Hamilton charges $50.00 for a creditor claim and $100 for an exception to one.
- Account and close the estate. Inventories and accountings may be waived where the will provides for it or all residuary beneficiaries file waivers, but Local Rule 17.09 requires a Sworn Statement in Lieu of Final Accounting even then, and it must state the gross taxable value of the estate. Hamilton charges $75.00 for an interim or annual accounting and for a final settlement. If the estate is not closed within two years of qualification, more time to file accountings comes only on motion with notice to interested parties.
Executor duties
| Local duty | What Hamilton County expects |
|---|---|
| Sign the local acknowledgment | The Clerk and Master publishes Form 229P for a personal representative to acknowledge that estate property will not be treated as personal property and that address or phone changes must be sent to the Court and counsel. |
| Track the house carefully | Form 229P discusses the four month property upkeep authority under T.C.A. § 30-2-323 for routine costs such as utilities, day to day maintenance, lawn service, and insurance premiums, while excluding mortgage payments, property taxes, major repairs, and extraordinary expenses. |
| Use Hamilton's closing forms | Local Rule 17.09 requires Form 082P, the Sworn Statement in Lieu of Final Accounting, even where accountings are waived, and the statement must include the gross taxable value of the estate. |
| Keep the case moving | Local Rule 17.09 allows consequences when accountings are not filed on time, and Local Rule 17.10 makes failure to follow statutory requirements or court orders grounds for removal or sanctions. |
| File local notice affidavits | The Clerk and Master publishes local affidavit forms for notice to heirs, beneficiaries, legatees, devisees, and TennCare under T.C.A. § 71-5-116. |
Forms and documents
Probate forms in Hamilton County
Tennessee's Administrative Office of the Courts does not publish a statewide probate form set. For Hamilton County estate settlement, use the Clerk and Master's local form index and local rules page.
Hamilton County publishes numbered probate forms. Core forms include Form 075P for intestate administration, Form 078P for testate administration, Form 005P for limited letters in a small estate under T.C.A. §§ 30-4-102 and 30-4-103, Form 077P for a muniment of title petition under T.C.A. § 32-2-111, Form 038 for an inventory under T.C.A. § 30-2-301, Form 087P for a verified claim, Form 082P for a sworn statement in lieu of final accounting, and Form 086E for the Uniform Civil Affidavit of Indigency tied to Tenn. Sup. Ct. Rule 29.
The Clerk and Master's forms page says the forms are intended for professional use by the legal community and are not legal if altered. If you cannot find the form you need, the page directs you to contact the Clerk and Master's office or call (423) 209-6600.
Hamilton also publishes practical extras, including kinship charts, will contest materials, an elective share worksheet, creditor claim instructions, and a local probate fee schedule effective January 1, 2026 under T.C.A. § 8-21-401.
Fees
The statutory probate clerk fee is $275, effective January 1, 2026, under 2025 Public Chapter 486 and T.C.A. § 8-21-401. The same public chapter states that the probate clerk fee rises to $300 in 2027 and $325 in 2028, but Hamilton County counter totals also include state and local litigation taxes and local charges under T.C.A. § 8-21-401.
Hamilton County publishes a Probate Department fee schedule effective January 1, 2026. It charges one initial probate amount, with litigation taxes folded in, for a full administration, a small estate under T.C.A. §§ 30-4-102 and 30-4-103, a muniment of title under T.C.A. § 32-2-111, or an administrator ad litem matter. The Clerk and Master's July 22, 2026 small estate packet under T.C.A. §§ 30-4-102 and 30-4-103 gives $409.50 as starting court costs for that packet and tells filers to confirm the current total before paying.
| Charge | Amount and timing |
|---|---|
| Notice publication | $175.00, effective January 1, 2026, plus $25.00, effective January 1, 2026, for preparing and causing the notice to be published under T.C.A. §§ 8-21-401 and 30-2-306 |
| Hamilton County Sheriff service | $52.00, effective January 1, 2026, under the county schedule and T.C.A. § 8-21-401 |
| Creditor claim | $50.00, effective January 1, 2026, under T.C.A. § 8-21-401 |
| Exception to creditor claim | $100, effective January 1, 2026, under T.C.A. § 8-21-401 |
| Request in an open estate to sell real property | $200, effective January 1, 2026, under T.C.A. § 8-21-401 |
| Interim accounting, annual accounting, or final settlement | $75.00, effective January 1, 2026, under the county schedule and T.C.A. § 8-21-401 |
| Additional letters | $5.00 per letter, effective January 1, 2026, for extra copies of letters testamentary or letters of administration under T.C.A. §§ 8-21-401 and 30-1-117 |
| Email filing service charge | $5.00 per email filing plus $1.00 per page, effective January 1, 2026, under the Eleventh Judicial District email filing order |
A party who cannot pay may ask to proceed on a pauper's oath. T.C.A. § 8-21-401 points judges to Tenn. Sup. Ct. Rule 29 for indigency decisions, and Hamilton County publishes Form 086E for that request.
Timeline
- Before filing, call the Clerk and Master. The Probate Division of Chancery Court Part 2 is appointment only from 9:00 to 10:30 a.m., Tuesday through Friday.
- For a small estate under T.C.A. §§ 30-4-102 and 30-4-103, use the narrower local opening window. The Clerk and Master's packet states that those openings are Wednesday and Friday mornings from 9:00 to 10:30 a.m.
- If the matter needs a Part 2 motion docket, check the Chancery Court motion call schedule. The court publishes schedules for Monday motion calls, generally using the second and fourth Mondays for Part 2, and each motion date has its own last day to file.
- Do not assume a fifth Monday is available. The published motion call schedule marks fifth Mondays with no motions and marks holiday Mondays with no motion docket.
- After a hearing, Local Rule 5.01 sets short order-preparation deadlines. In probate matters, the Clerk prepares orders confirming the Master's reports on accountings and settlements, authorising the initial issuance of letters, and referring exceptions to claims and spousal elections to the Master.
- Keep accountings current. Local Rule 17.09 states that if an estate is not closed within two years from the date the personal representative qualifies, additional time to file accountings is granted only on motion and notice to interested parties.
Local nuance
Hamilton County-specific considerations
| Local feature | Why it matters |
|---|---|
| Probate is assigned to Part 2 | Local Rule 7.01 sends probate and trust-construction matters to Chancery Court Part 2, while guardianship, conservatorship, mental health, and adoption matters are assigned to Part 1. |
| The Clerk and Master has a judicial role | Local Rule 17.08 allows the Clerk and Master to hear applications for letters testamentary and letters of administration under T.C.A. § 30-1-117, handle probate claims and exceptions, determine spousal allowances and homestead matters, and take accounts and settlements. |
| Appointments are central | The Probate Division operates in a morning appointment window, and the small estate packet under T.C.A. §§ 30-4-102 and 30-4-103 warns that staff may not be available without an appointment. |
| Small estate bond is a local pressure point | Local Rule 17.06 says bond is required in all small estates, while the Clerk and Master's packet under T.C.A. § 30-4-103 also recites statutory exceptions for sole heirs or written adult consents. Ask the Clerk and Master which documents your estate needs before the appointment. |
| Claims are filed in triplicate | Local Rule 17.07 requires verified creditor claims to be filed in triplicate with supporting documents, and the Clerk may decline a claim submitted without the required charge under T.C.A. § 8-21-401. |
| There are three filing channels | The counter remains available, Chancery Court uses electronic filing, and a January 1, 2026 email filing protocol supplies a probate filing mailbox. Original wills still must reach the Clerk and Master on paper. |
| Inactive estates are monitored | The Clerk and Master publishes inactive-estate dismissal forms and procedural step lists. Keep the estate settlement moving and respond to notices from the court. |
Recent updates
| Date | Change |
|---|---|
| January 1, 2026 | Hamilton County's Probate Department fee schedule changed. Form 290, dated March 13, 2026, is effective January 1, 2026 and conforms local probate charges to the new state fee table under 2025 Public Chapter 486 and T.C.A. § 8-21-401, including the $275 statutory probate clerk fee effective January 1, 2026. |
| January 1, 2026 | Email filing began for Circuit and Chancery Court filings under Tenn. Sup. Ct. R. 46B, implemented by order filed November 24, 2025. The local order provides a probate filing mailbox, a uniform cover sheet, a fifty page limit, and a $5.00 plus $1.00 per page service charge effective January 1, 2026, but excludes original wills. |
| July 22, 2026 | The Clerk and Master's small estate packet under T.C.A. §§ 30-4-102 and 30-4-103 was revised. It gives $409.50 as starting court costs as of July 22, 2026, limits those openings to Wednesday and Friday mornings, and tells filers to book an appointment. |
| Proposed for September 1, 2026 | The court has posted proposed local rule changes. The proposal would add the email filing protocol to the local rules, note that electronic filing is used in Chancery Court, widen the Probate Division appointment session, and add a death-certificate filing detail for a small estate under T.C.A. §§ 30-4-102 and 30-4-103. Because the court labels the document proposed, check the current rules before relying on those changes. |
Scenarios
| Situation | Hamilton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | A home held with survivorship rights may not need probate for title, while Hamilton's small estate packet under T.C.A. §§ 30-4-102 and 30-4-103 says real estate cannot be transferred through that route. If a Part 2 request to sell real property is needed, Hamilton's schedule lists a $200 charge effective January 1, 2026 under T.C.A. § 8-21-401. Spousal issues such as elective share, year's support, exempt property, and homestead are handled through the Clerk and Master under the local rules. | Sunset helps identify which assets pass outside probate, gathers account information for estate settlement, and can help decide whether attorney review is needed before filing. |
| Out-of-state adult child with a small estate | Hamilton's small estate route uses Form 005P under T.C.A. §§ 30-4-102 and 30-4-103. The packet says to complete the petition, bring the death certificate, arrange any required corporate surety bond under T.C.A. § 30-4-103 before court unless an exception applies, and not sign before arriving. Email filing exists under the January 1, 2026 protocol, but an original will cannot be emailed. | Sunset helps organize assets, debts, and contact information so the appointment is focused, and can connect you with a local attorney if you cannot travel or if the bond, will, or heirship questions are unclear. |
| Parent settling a predeceased child's estate, home must be sold | A home sale usually points to a full administration using Form 075P or Form 078P, assigned to Chancery Court Part 2. The clerk gives notice to creditors under T.C.A. § 30-2-306 and Hamilton charges $175.00 for publication plus $25.00 for preparing and causing publication, effective January 1, 2026 under T.C.A. § 8-21-401. A request to sell real property is listed at $200 effective January 1, 2026 under T.C.A. § 8-21-401. | Sunset helps build the estate settlement inventory, locate financial accounts, preserve house-related information, and connect the family with a probate attorney for sale authority and creditor issues. |
Self-help resources
| Resource | What it offers | Contact |
|---|---|---|
| Clerk and Master for Hamilton County, Chancery Court Probate Division | Local probate forms, local rules, January 1, 2026 fee schedule under T.C.A. § 8-21-401, appointment information, and motion schedules | https://www.hamiltontn.gov/ClerkMasterForms/default.htm (423) 209-6600 |
| Hamilton County online court records search | Party-name case lookup under the Probate court office | https://hamilton.tncrtinfo.com |
| Legal Aid of East Tennessee, Chattanooga branch office | Civil legal help for people who qualify. Eligibility and subject matter are decided at intake; the office page does not state that it handles probate matters. | 535 Chestnut Street, Suite 360, Chattanooga, TN 37402 (423) 756-4013 https://www.help4tn.org/Chattanooga |
| Chattanooga Bar Association Lawyer Referral Service | Referrals to private attorneys by practice area. The association states that listed attorneys require a retainer and are not pro bono. | (423) 602-9430 https://www.chattanoogabar.org/how-do-i-find-a-lawyer |
| Tennessee judiciary self help center | Statewide self-help starting point. For estates, it directs readers to the Clerk and Master in their county. | https://www.tncourts.gov/programs/self-help-center |
| Tennessee court clerks directory | Statewide clerk list for families who are not sure whether Hamilton County is the correct county of residence under T.C.A. § 30-4-102 | https://www.tncourts.gov/courts/court-clerks/clerks-list |
Court staff cannot give legal advice. The Tennessee judiciary states that, under T.C.A. § 16-3-804(b), state court employees may not engage in the practice of law, including legal referrals, legal research, or legal advice.
When to hire an attorney
Consider a probate attorney if the original will is missing, heirs disagree, the estate includes real estate that must be sold, creditor claims are expected, a nonresident fiduciary is involved, a corporate surety bond is hard to arrange under T.C.A. § 30-4-103, or the case may need probate in solemn form under T.C.A. § 30-1-117. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets
Sunset helps families build a clearer estate settlement picture by locating accounts, policies, and assets that may otherwise be missed before the Hamilton County filing is prepared.
Generate the probate packet
Sunset organizes the information needed for the Hamilton County forms, including the asset list, debts, family contacts, and documents a personal representative will need for the Clerk and Master.
Find a local probate attorney
If the estate involves real estate, creditor claims, a will contest, bond questions, or a remote family member, Sunset can connect the family with a Hamilton County probate attorney.
Sunset is free for families
Families can use Sunset's estate settlement tools without paying Sunset. The goal is to reduce the paperwork burden and make the next local step clearer.
Frequently asked questions
Which court handles probate in Hamilton County, Tennessee?
Hamilton County probate matters are handled by the Hamilton County Chancery Court, Probate Division of Chancery Court Part 2. Tennessee sends estates to the court exercising probate jurisdiction in the county where the person lived at death (T.C.A. § 30-4-102), and Hamilton follows the chancery default in T.C.A. § 16-16-201.
Where do I file a will in Chattanooga?
File the original will on paper with the Clerk and Master for Hamilton County at Room 300, 625 Georgia Avenue, Chattanooga, TN 37402. Hamilton has email filing and electronic filing for qualifying papers, but an original will cannot be sent by email.
Do I need an appointment to open an estate in Hamilton County?
Yes for practical purposes. Local Rule 17.01 makes the Probate Division session appointment only from 9:00 to 10:30 a.m., Tuesday through Friday. The Clerk and Master's small estate packet under T.C.A. §§ 30-4-102 and 30-4-103 says staff may not be available without an appointment.
What are the Hamilton County probate hours?
The Clerk and Master's office is open 8:00 a.m. to 4:00 p.m., Monday through Friday, except county holidays. The probate appointment session is narrower: 9:00 to 10:30 a.m., Tuesday through Friday, and small estate openings under T.C.A. §§ 30-4-102 and 30-4-103 are listed for Wednesday and Friday mornings.
How much does it cost to open an estate in Hamilton County?
The statutory probate clerk fee is $275, effective January 1, 2026, under 2025 Public Chapter 486 and T.C.A. § 8-21-401. Hamilton's total includes litigation taxes and local charges under T.C.A. § 8-21-401. The Clerk and Master's small estate packet under T.C.A. §§ 30-4-102 and 30-4-103 gives $409.50, revised July 22, 2026, as starting court costs for that packet and tells filers to confirm the current total with the office.
Can I send probate papers by email in Hamilton County?
Hamilton County has a January 1, 2026 email filing protocol for qualifying Chancery Court filings, including a probate filing mailbox. The protocol requires .pdf attachments, a uniform cover sheet, a fifty page limit, and a $5.00 plus $1.00 per page service charge effective January 1, 2026. Original wills cannot be emailed.
Does Hamilton County have electronic filing for probate?
Yes. The Tennessee Tybera eFlex portal lists Hamilton Chancery Probate Court among participating courts, and Hamilton's local rules allow traditional paper filing to continue. The local rule's authorized users include attorneys licensed in Tennessee and pro se litigants, but the rule also excludes original wills and probate creditor claims from the electronic system.
How do I look up a Hamilton County estate case online?
Use https://hamilton.tncrtinfo.com and choose the Probate court office. The search form allows party-name or case-reference searches. The free search should not be treated as a promise that document images are available.
Can I attend a Hamilton County Chancery Court hearing remotely?
Tenn. Sup. Ct. R. 55, adopted June 8, 2023, says teleconferencing, video conferencing, or other technology for court proceedings is permissible at the discretion of the trial court under Rule 55. Hamilton County Part 2 posts a notice that Monday motion dockets are heard in person and by WebEx. That notice is for motion dockets, not for the Clerk and Master appointment to open an estate.
Do I have to travel to Chattanooga if I live out of state?
Not every paper requires travel because the Clerk and Master accepts mail, Hamilton has qualifying email filing under its January 1, 2026 protocol, and Chancery Court has electronic filing. Still, the original will must arrive on paper, the estate-opening appointment is a courthouse process, and an out-of-state applicant should call the Clerk and Master before making travel plans.
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.