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Monroe County, TN Probate Information
Quick facts
| Topic | Monroe County detail |
|---|---|
| Court | Probate Court of Monroe County, Tennessee. Private Acts of 1967-68, ch. 391 created the court for Monroe County, and T.C.A. § 16-16-201 recognizes that probate jurisdiction may be changed by local act. |
| Filing office | Clerk and Master, also serving as Clerk of the Probate Court. |
| Courthouse address | 105 College Street S., Suite 2, Madisonville, TN 37354. |
| Mailing | A separate probate mailing address is not published on Monroe County's judicial page. Ask the office how to address mailed probate papers. |
| Phone | (423) 442-2644. |
| Fax | Monroe County's judicial page does not publish a fax number for this office. Call before attempting to send any filing by fax. |
| Hours | Monroe County's judicial page does not publish Clerk and Master hours. Call before visiting, especially on Wednesday. |
| Statutory fee | The clerk's fee for a probate estate is $275, effective January 1, 2026 under 2025 Public Chapter 486 and T.C.A. § 8-21-401. The statute increases that fee to $300 in 2027 and $325 in 2028, with state and local litigation tax and any costs deposit charged on top. |
| County forms | Monroe County's judicial page does not publish a probate petition, packet, checklist, or probate form library. |
| Online filing | Tennessee has no statewide trial-court e-filing system. Monroe County publishes an email filing address for Chancery Court filings, but its use for Probate Court filings is not stated on the judicial page. Call before relying on email filing for an estate. |
| Case lookup | Monroe County's judicial page does not link to an online probate case lookup, and the Monroe County subdomain on the multi-county vendor portal was not a live page. |
| Remote practice | Tenn. Sup. Ct. R. 55, adopted by order filed June 8, 2023, allows remote proceedings at the discretion of the trial court. Monroe County does not publish a probate-specific remote appearance practice. |
| Website | https://monroetn.gov/judicial/ |
Before you begin — know the assets and liabilities
Before opening a Monroe County estate, make a working list of probate assets, non-probate transfers, debts, real estate, vehicles, accounts, and known creditors. Estate settlement is easier when you know what must pass through the Probate Court of Monroe County and what may transfer outside court.
Sunset searches across 2,300 institutions to help families find accounts and assets before they decide what to file. That asset picture helps you avoid opening the wrong path for estate settlement or filing a petition that has to be corrected later.
Which court handles jurisdiction
Monroe County probate filings are handled in Madisonville at the Clerk and Master's office, 105 College Street S., Suite 2. The office serves Monroe County communities through the Probate Court of Monroe County, not through the Monroe County Chancery Court named as the default court in many statewide listings.
Tennessee law sends an estate to the court exercising probate jurisdiction in the county where the person lived at death (T.C.A. § 30-4-102). T.C.A. § 16-16-201 makes chancery the default only where no public, private, special, or local act provides otherwise; Monroe County's Private Acts of 1967-68, ch. 391 created a separate Probate Court, and Section 5(a) places the Probate Court clerk function in the Clerk and Master's office.
The jurisdiction process
- Identify the Monroe County filing path. If the decedent lived in Monroe County at death, Tennessee venue points to the court exercising probate jurisdiction in that county (T.C.A. § 30-4-102), and Monroe County's Private Acts of 1967-68, ch. 391 place that work in the Probate Court of Monroe County under the local-act exception recognized by T.C.A. § 16-16-201.
- Prepare the petition and supporting documents. Tennessee uses a verified petition for letters testamentary when there is a will and letters of administration when there is not (T.C.A. § 30-1-117). If the estate may qualify for the small estate route, use the petition for limited letters under T.C.A. §§ 30-4-101 to 30-4-105 rather than assuming a bank-only transfer will work.
- Contact the Clerk and Master before filing. Monroe County's judicial page does not publish probate hours, a probate form packet, or a probate case-management filing portal, so confirm the current counter hours, mailing instructions, and whether any email filing order applies to Probate Court filings.
- Submit the petition at the Madisonville office or by the method the clerk authorizes. The office address is 105 College Street S., Suite 2, Madisonville, TN 37354, and the published phone number is (423) 442-2644.
- Pay the statutory fee and any added charges. The clerk's fee for a probate estate is $275, effective January 1, 2026 under 2025 Public Chapter 486 and T.C.A. § 8-21-401; state and local litigation tax and any costs deposit are added on top.
- Address notice and hearing requirements based on the type of petition. Common form probate does not require notice of the proceeding, while solemn form probate requires notice to interested persons (T.C.A. § 30-1-117). Monroe County does not publish a probate hearing day or scheduling window, so ask the clerk how the judge sets any required hearing.
- Ask about remote participation before relying on it. Tenn. Sup. Ct. R. 55 (Rule 55), adopted June 8, 2023, says teleconferencing, video conferencing, or other technology is permitted only at the discretion of the trial court, and Monroe County does not publish a probate-specific remote practice.
- Receive the authority document after the court approves the appointment. Tennessee calls the personal representative's authority letters testamentary or letters of administration (T.C.A. § 30-1-117). The Monroe County filing office for issuing them is the Clerk and Master serving as Clerk of the Probate Court.
- Administer and close the estate. After letters issue, the clerk handles notice to creditors under T.C.A. § 30-2-306, and the personal representative handles required follow-up such as inventory duties under T.C.A. § 30-2-301 unless excused by law or court order.
Forms and documents
Probate forms in Monroe County
Tennessee's Administrative Office of the Courts does not publish a statewide probate form set; its self-help materials send estate and probate readers to the clerk in their own county. In Monroe County, the judicial page lists the Clerk and Master and states that the office also serves as Clerk for Probate Court, but it does not publish a probate petition, probate packet, small estate petition under T.C.A. §§ 30-4-101 to 30-4-105, or checklist.
Call the Clerk and Master at (423) 442-2644 before preparing a packet from another county. Monroe County's Probate Court was created by Private Acts of 1967-68, ch. 391 under the local-act structure recognized by T.C.A. § 16-16-201, so forms from a chancery-only county may not match the way the Madisonville office wants filings presented.
Local nuance
Monroe County-specific considerations
| Consideration | What it means in Monroe County |
|---|---|
| Separate Probate Court | Monroe County is not a simple chancery-default county. Private Acts of 1967-68, ch. 391 created the Probate Court of Monroe County, which fits the local-act exception in T.C.A. § 16-16-201. |
| Same filing office | Although the Probate Court is separate from Chancery Court, Section 5(a) of the local act makes the Clerk and Master the clerk of the Probate Court. Practically, estate filings go through the Madisonville Clerk and Master's office. |
| Judge assignment | The local act makes the General Sessions judge the Probate Court judge. Do not assume a Monroe County estate is assigned to the chancellor simply because the Clerk and Master accepts the filing. |
| Published information is limited | The county judicial page gives the office, address, phone, and Probate Court clerk role, but it does not publish probate hours, probate forms, probate hearing days, or an online probate case lookup. |
Recent updates
Scenarios
| Situation | Likely Monroe County path | What to confirm locally | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with co-owned home | Start by separating assets that pass outside probate from assets titled only in the decedent's name. If a probate filing is needed, Monroe County uses the Probate Court of Monroe County under the local-act exception recognized by T.C.A. § 16-16-201. | Ask the Clerk and Master whether the estate needs letters testamentary or letters of administration under T.C.A. § 30-1-117, and whether any court filing is needed for the home. | Sunset helps identify accounts, debts, and title questions so the spouse does not open more estate settlement work than necessary. |
| Out-of-state adult child with small estate | If the estate is limited to qualifying personal property, ask the Clerk and Master about a petition for limited letters under T.C.A. §§ 30-4-101 to 30-4-105. Monroe County does not publish its own small estate packet online. | Confirm current hours, mailing instructions, and whether the office will accept any documents by an authorized email channel before traveling to Madisonville. | Sunset organizes the asset list and can generate a probate packet for review before the child contacts the Monroe County office. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually requires careful court authority. Monroe County's local act gives the Probate Court jurisdiction over administration of decedents' estates and sale of decedents' land for payment of debts, within the probate jurisdiction framework recognized by T.C.A. § 16-16-201. | Ask the Clerk and Master what petition, hearing setting, and title documents are required before listing or closing on the home. | Sunset helps gather account information, prepare the family for estate settlement steps, and connect the parent with a local probate attorney when a sale is involved. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Monroe County Clerk and Master | This is the local filing office for Probate Court filings because the Clerk and Master also serves as Clerk of the Probate Court. The office can provide counter procedures, accepted filing methods, and current hours, but court staff cannot give legal advice. | 105 College Street S., Suite 2, Madisonville, TN 37354. Phone: (423) 442-2644. Website: https://monroetn.gov/judicial/ |
| Tennessee Administrative Office of the Courts self-help center | The statewide self-help page says most estate and probate matters are handled by the Clerk and Master in the county. It also states that court employees may not engage in the practice of law under T.C.A. § 16-3-804(b), including legal research, legal referrals, or legal advice. | https://www.tncourts.gov/programs/self-help-center |
| Tennessee court clerks list | The statewide clerks list is the court system's directory for finding the correct clerk office when a family is unsure where to start. | https://www.tncourts.gov/courts/court-clerks/clerks-list |
| Justice for All Tennessee | The Tennessee court system links to this statewide access-to-justice resource from its self-help center. | https://justiceforalltn.com |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families locate accounts, insurance, retirement assets, debts, and other property so the Monroe County estate settlement starts with a clear inventory of what exists.
Generate the probate packet. Sunset turns the family's information into an organized probate packet that can be reviewed before contacting the Clerk and Master serving as Clerk of the Probate Court.
Find a local probate attorney. If the estate involves a home sale, disputed heirs, creditor problems, or a court hearing, Sunset can connect the family with a Monroe County probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps, and decide when to involve a lawyer without paying Sunset.
Frequently asked questions
Where do I file probate in Monroe County?
File through the Clerk and Master's office in Madisonville, which also serves as Clerk of the Probate Court. Monroe County's Probate Court was created by Private Acts of 1967-68, ch. 391, and T.C.A. § 16-16-201 allows probate jurisdiction to be placed outside the chancery default by local act.
Is Monroe County probate handled by Chancery Court?
No. Monroe County has a separate Probate Court created by local act. The same Clerk and Master's office accepts the papers, but the Probate Court of Monroe County is the court for estate filings under the local-act exception recognized in T.C.A. § 16-16-201.
What does it cost to open probate in Monroe County?
The clerk's fee for a probate estate is $275, effective January 1, 2026 under 2025 Public Chapter 486 and T.C.A. § 8-21-401. State and local litigation tax and any costs deposit are added on top, and Monroe County's judicial page does not publish a total counter amount for opening an estate.
Does Monroe County publish probate forms online?
Monroe County's judicial page does not publish a probate petition, packet, checklist, or small estate form under T.C.A. §§ 30-4-101 to 30-4-105. Call the Clerk and Master before using a form from another Tennessee county.
Can I file a Monroe County probate case by email or through an online portal?
Tennessee does not have a statewide trial-court e-filing portal for probate. Monroe County publishes an email filing address for Chancery Court filings, but the judicial page does not say whether that channel is available for Probate Court filings, so call before sending estate papers by email.
Can I look up a Monroe County probate case online?
Monroe County's judicial page does not link to an online probate case lookup. The Monroe County subdomain on the multi-county court-records vendor portal was not a live page.
Are remote probate hearings available in Monroe County?
Monroe 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 teleconferencing, video conferencing, or other technology is permissible at the trial court's discretion, so ask the Clerk and Master how the Probate Court handles any requested remote participation.
Do I have to travel to Madisonville for Monroe County probate?
Plan to contact the Clerk and Master before making travel plans. The office can tell you current hours, whether mail is acceptable for your filing, whether any email filing order applies to Probate Court filings, and whether the judge requires an in-person appearance for your matter.
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.