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Shelby County, TN Probate Information
Quick facts
| Item | Information |
|---|---|
| Court | Shelby County Probate Court |
| Filing office | Shelby County Probate Court Clerk's Office |
| Courthouse address | 140 Adams Avenue, Room 124, Memphis, TN 38103 |
| Mailing | Call before mailing filings. Small estate petitions under T.C.A. §§ 30-4-101 to 30-4-105 must be filed in person, and the clerk's January 23, 2026 memorandum says mail-in small estate filings are no longer accepted. |
| Phone | (901) 222-3750 |
| Fax | (901) 222-3756, listed as a contact fax. Call before faxing a filing. |
| [email protected]. Copy requests: [email protected]. | |
| Hours | Monday through Friday, 8:00 am to 4:30 pm. Both court divisions open at 9:00 am Monday through Friday. |
| Cost to open an estate | $341.50, effective January 1, 2026, for a petition to probate a will, a petition for letters of administration, a small estate petition with or without a will under T.C.A. §§ 30-4-101 to 30-4-105, or muniment of title under T.C.A. § 32-2-111. The clerk's statutory filing fee is set by state law and is the same in every Tennessee county (T.C.A. § 8-21-401); state and local litigation taxes are charged on top of it (§ 8-21-401(a)), and Shelby County's published $341.50 total, effective January 1, 2026, includes both. |
| Forms | Yes. Shelby County publishes a local Probate Forms page with estate, accounting, small estate, and personal representative materials. |
| Electronic filing | Shelby County runs eFlex, and Probate Court Local Rule 4 allows documents to be filed by registered users. Registration uses a Tennessee bar number, and the portal's own front page describes new-case filing in Circuit Court and Chancery Court. Small estate petitions under T.C.A. §§ 30-4-101 to 30-4-105 must be filed in person; call (901) 222-3750 before relying on eFlex for any estate filing. |
| Online lookup | Yes. The court links separate lookups for cases before October 2013, cases from October 2013 to present, and probate documents. |
| Remote proceedings | Available at the discretion of the court. Tenn. Sup. Ct. R. 55, adopted June 8, 2023, permits remote court business at the trial court's discretion, and Shelby Probate Local Rule 2 says each division has its own preferences. |
| Website | shelbycountytn.gov/227/Probate-Court |
Before you begin — know the assets and liabilities
Before you choose forms or make a trip to Room 124, build a list of the person's probate assets, debts, accounts, real estate, possible heirs and known beneficiaries. Shelby's path depends on facts you need before filing: whether there is a will, whether real estate must be handled, whether a small estate under T.C.A. §§ 30-4-101 to 30-4-105 is even available, and who must consent or receive notice.
Sunset's estate settlement tools help families search across 2,300 institutions for accounts and assets, organize liabilities, and turn that information into a probate packet for the local court. That work is especially useful in Shelby County because the clerk's forms, small estate walk-in process, and certified-letters needs all depend on a complete asset picture.
Which court handles jurisdiction
The Shelby County Probate Court serves all of Shelby County from one downtown Memphis location: 140 Adams Avenue, Room 124. The county's listed municipalities are Arlington, Bartlett, Collierville, Germantown, Lakeland, Memphis and Millington, plus the unincorporated areas of the county.
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). In most Tennessee counties, chancery court and the Clerk and Master handle probate under T.C.A. § 16-16-201, unless another public, private, special or local act provides otherwise. Shelby County is otherwise provided: it has a dedicated Shelby County Probate Court, so estate papers go to the Shelby County Probate Court Clerk's Office.
The jurisdiction process
- Identify the assets, debts, will, heirs and beneficiaries before you choose a Shelby County path. For a small estate under T.C.A. §§ 30-4-101 to 30-4-105, the clerk's form asks for the completed petition, consents to serve from all heirs and beneficiaries if bond is to be waived, the original will if there is one, and a certified death certificate.
- Download the forms from the Shelby County Probate Court's Probate Forms page. Many forms can be filled out on screen and printed. The small estate petition under T.C.A. §§ 30-4-101 to 30-4-105 must be printed one-sided for submission.
- File at the Shelby County Probate Court Clerk's Office, 140 Adams Avenue, Room 124, Memphis, Monday through Friday from 8:00 am to 4:30 pm. Small estate petitions under T.C.A. §§ 30-4-101 to 30-4-105 must be filed in person, and the January 23, 2026 clerk memorandum says mail-in small estate filings are no longer accepted.
- Pay the opening cost. Shelby County's published total is $341.50, effective January 1, 2026, for a petition to probate a will, a petition for letters of administration, a small estate petition with or without a will under T.C.A. §§ 30-4-101 to 30-4-105, or muniment of title under T.C.A. § 32-2-111. The clerk's statutory filing fee is set by state law and is the same in every Tennessee county (T.C.A. § 8-21-401); state and local litigation taxes are charged on top of it (§ 8-21-401(a)), and Shelby County's published $341.50 total, effective January 1, 2026, includes both. The small estate materials say cash or credit card only and no refunds.
- The Probate Court Clerk assigns a new case to Division One or Division Two by a random computerized process. If your matter relates to a pending Shelby County Probate Court case, tell the clerk at filing so it can be assigned with the related matter.
- Handle hearing scheduling. For a small estate under T.C.A. §§ 30-4-101 to 30-4-105, the clerk gives the hearing date when the petition and consents are filed. Small estate walk-ins are heard Monday through Thursday from 9:00 a.m. to 12:00 noon, and paperwork completed and entered by 11:00 a.m. is heard the same day. Petitions completed after 11:00 a.m. move to the next business day.
- Ask the assigned division about remote participation if travel is an issue. Tenn. Sup. Ct. R. 55, adopted June 8, 2023, leaves remote proceedings to the trial court's discretion, and Shelby Local Rule 2 says remote proceedings are available at the court's discretion.
- Get the authority document after appointment. Tennessee calls it letters testamentary when there is a will and letters of administration when there is not (T.C.A. § 30-1-117). A small estate under T.C.A. §§ 30-4-101 to 30-4-105 receives limited letters. Shelby County includes the first certified copy of the letters in the $341.50 opening total, effective January 1, 2026; additional certified letters are $5.50 each under the January 1, 2026 Shelby fee schedule.
- Administer the estate. Within sixty days of appointment, file the required beneficiary or heir notice affidavit, the TennCare affidavit under T.C.A. § 71-5-116, and the inventory unless excused (T.C.A. § 30-2-301). Shelby County lists the inventory, oath, beneficiary affidavit, TennCare affidavit, receipts and waivers, consents, cost bond, appointing order and closing order as no-fee filings under its January 1, 2026 schedule.
- Manage claims and close. The clerk gives notice to creditors under T.C.A. § 30-2-306 in a regular estate. Shelby County says an estate must be open before a claim can be filed, and under the January 1, 2026 fee schedule a creditor claim costs $50.00 and an exception to a claim costs $100.00. Close by petition after administration, claims, expenses, distributions and required filings are complete.
Executor duties
Shelby County publishes a local guide for administrators and executors, and its warnings are practical. The court tells personal representatives that failure to act properly can lead to removal, a money judgment, a fine, or jail time.
| Local duty | What Shelby County expects |
|---|---|
| Keep contact information current | The court requires written notice to the Probate Court Clerk's Office of any address or phone number change. Local Rule 2 also requires parties and lawyers to keep address, phone and email information current. |
| Prepare the inventory | Under T.C.A. § 30-2-301, the inventory is due within sixty days unless excused. Shelby Local Rule 14 says exact dollar values, appraisals, and item-by-item furniture lists are not required unless an interested party asks. |
| Keep people informed | The court's guide tells personal representatives to keep heirs, beneficiaries and creditors informed, send copies of important documents, and put agreements in writing. |
| Handle accountings or status reports | Shelby's guide says the first accounting is due fifteen months from appointment unless extended or waived by written order, and accountings or status reports are due annually while the estate remains open. Under the January 1, 2026 fee schedule, an interim or annual accounting costs $75.00. |
| Be careful with real estate expenses | The court's guide warns that real estate is normally not part of the probate estate and tells personal representatives to consult an attorney before paying expenses tied to the decedent's real estate. |
Forms and documents
Probate forms in Shelby County
Tennessee's Administrative Office of the Courts does not provide a statewide probate form set; it directs estate readers to the clerk in their county. Shelby County is one of the counties with a full local form page for the Probate Court.
| Form group | Examples on the Shelby County Probate Court page |
|---|---|
| Estate filings | Estate Oath, Inventory Form, General Notice of Hearing and Claim Form. |
| Accounting and closing | Accounting Form, Notice of Accounting, Certification as to Notice of Accounting, Motion for Additional Time to File Accounting, Estate Status Report, Receipt and Waiver, Statement From Corporate Surety, TennCare Release, Subpoena, Summons and Check Request Form. |
| Small estate materials | Small Estate Procedures (2026), Small Estate Petition for Limited Letters of Authority (2026), Additional Pages for Small Estate Petition, Small Estate Consent Form and Order of Distribution of Funds for minors. The statutory small estate route is a petition for limited letters under T.C.A. §§ 30-4-101 to 30-4-105. |
| Personal representative guidance | General Information for Administrators/Executors, the court's own plain-language guide for personal representatives. |
The court says many forms can be completed on screen and then printed. For the small estate petition under T.C.A. §§ 30-4-101 to 30-4-105, the court specifically says to print one-sided for submission.
Fees
Shelby County publishes a detailed Probate Court fee schedule that took effect January 1, 2026. The clerk's statutory filing fee is set by state law and is the same in every Tennessee county (T.C.A. § 8-21-401); state and local litigation taxes are charged on top of it (§ 8-21-401(a)), and Shelby County's published $341.50 total, effective January 1, 2026, includes both.
| Charge | Amount |
|---|---|
| Petition to probate will, effective January 1, 2026 | $341.50 |
| Petition for letters of administration, effective January 1, 2026 | $341.50 |
| Small estate petition with or without a will under T.C.A. §§ 30-4-101 to 30-4-105, effective January 1, 2026 | $341.50 |
| Petition for muniment of title under T.C.A. § 32-2-111, effective January 1, 2026 | $341.50 |
| Petition to sell real property, year's support, exempt property, homestead, insolvency, or interpretation, effective January 1, 2026 | $200.00 |
| Creditor claim against an estate, effective January 1, 2026 | $50.00 |
| Exception to a creditor claim, effective January 1, 2026 | $100.00 |
| Interim or annual accounting, effective January 1, 2026 | $75.00 |
| Additional certified letters after the first certified copy, effective January 1, 2026 | $5.50 each |
| Certified copy of a document, effective January 1, 2026 | $5.00 plus $0.50 per page |
Under the January 1, 2026 schedule, Shelby County lists these common estate filings as no-fee filings: the affidavit of notice to beneficiaries, affidavit notifying TennCare under T.C.A. § 71-5-116, consent, cost bond, declination, inventory under T.C.A. § 30-2-301, notice of hearing, oath, release of claim, receipt for specific bequest, receipt and waiver, tax release, TennCare release, waiver, appointing order and closing order.
The January 23, 2026 small estate memorandum says all small estate fees must be paid before the petition is presented to a judge, no refunds will be issued once fees are paid, and amending a small estate petition costs $25.00 and is only possible within one year of the original filing date.
Timeline
- The Probate Court Clerk's counter is open Monday through Friday from 8:00 am to 4:30 pm.
- Both divisions of the Shelby County Probate Court open court at 9:00 am Monday through Friday. The court hears matters on both an unscheduled and scheduled basis.
- For a small estate under T.C.A. §§ 30-4-101 to 30-4-105, the clerk gives the hearing date when the petition and consents are filed.
- Small estate walk-ins under T.C.A. §§ 30-4-101 to 30-4-105 are accepted Monday through Thursday from 9:00 a.m. to 12:00 noon. Paperwork completed and entered by the Probate Court Clerk by 11:00 a.m. is heard the same day.
- Small estate petitions under T.C.A. §§ 30-4-101 to 30-4-105 completed after 11:00 a.m. are heard the next business day. Petitions filed after 11:00 a.m. Thursday or anytime Friday are heard Monday, or the next working day if Monday is a court holiday.
- Local Rule 6 says brief, simple matters may be heard without a date set in advance, but petitions to sell or encumber real property, solemn form probate under T.C.A. § 30-1-117, will contests, lost-will matters, year's support, exempt property, elective share, contested matters, trust matters, fee petitions and matters expected to take more than fifteen minutes must be filed and then set for a date and time certain.
- Legal memoranda are due seven days before the hearing, and opposing memoranda are due three days before the hearing, unless another rule or court order sets a different time.
- Within sixty days after appointment, the personal representative must handle the beneficiary or heir notice affidavit, TennCare affidavit under T.C.A. § 71-5-116, and inventory unless excused under T.C.A. § 30-2-301.
- Shelby's guide says the first accounting is due fifteen months from appointment unless extended or waived by written order, and annual accountings or status reports continue while the estate is open.
- The court's guide says most estates can be closed within thirteen months, while acknowledging that the time depends on the particular estate.
Local nuance
Shelby County-specific considerations
| Local point | Why it matters |
|---|---|
| Dedicated Probate Court | Shelby County is the Tennessee exception. Most counties use chancery court and the Clerk and Master under T.C.A. § 16-16-201, but Shelby County estate filings go to the Shelby County Probate Court Clerk's Office. |
| Two divisions | The Probate Court Clerk assigns new cases to Division One or Division Two by random computerized process. Related cases should be identified at filing so the clerk can assign them with the earlier matter. |
| Small estate walk-ins | Small estate matters under T.C.A. §§ 30-4-101 to 30-4-105 have a local walk-in window Monday through Thursday from 9:00 a.m. to 12:00 noon, with an 11:00 a.m. same-day cutoff. |
| In-person small estate filing | Small estate petitions under T.C.A. §§ 30-4-101 to 30-4-105 must be filed in person, and mail-in small estate filings are no longer accepted under the January 23, 2026 memorandum. |
| Background check for small estate affiant | The January 23, 2026 memorandum says a background check is required for the affiant and that if the affiant is a felon the application cannot proceed. |
| Dress code | The court publishes a courtroom dress code and says a violation can bar a person from the courtroom or continue the case. Dress as if the courtroom is a formal setting. |
| Certified letters | The first certified copy of the letters is included in the $341.50 opening total, effective January 1, 2026. Extra certified letters are $5.50 each under the January 1, 2026 schedule. |
| Passport traffic at the same counter | The Probate Court Clerk's Office also handles passport applications by appointment Monday through Thursday from 8:30 am to 3:00 pm, which is separate from estate filing hours. |
Recent updates
| Date | Update |
|---|---|
| January 1, 2026 | New Shelby County Probate Court fees took effect. Under that schedule, opening a decedent's estate, with or without a will, and filing a small estate petition under T.C.A. §§ 30-4-101 to 30-4-105 each cost $341.50, effective January 1, 2026. State filing fees and costs are governed by T.C.A. § 8-21-401. |
| January 23, 2026 | The Probate Court Clerk's Office issued a small estate procedures memorandum. It says petitions under T.C.A. §§ 30-4-101 to 30-4-105 must be filed in person, mail-in small estate filings are no longer accepted, judges take walk-ins Monday through Thursday from 9:00 a.m. to 12:00 noon, paperwork completed and entered by 11:00 a.m. is heard the same day, a background check is required for the affiant, and amending a small estate petition costs $25.00 and is only possible within one year of the original filing date. |
| September 1, 2024 | The current Rules of the Probate Court of Shelby County took effect, including rules on sessions, electronic filing, random assignment between the two divisions, matters that must be set in advance, inventory, accountings and closing an estate. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Shelby County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If the spouse already owns the home with a right of survivorship, the house may not be the probate problem. Focus on accounts and personal property in the deceased spouse's sole name. If the probate personal property is $50,000 or less under T.C.A. § 30-4-102 as rewritten by 2023 Public Chapter 297, the small estate route under T.C.A. §§ 30-4-101 to 30-4-105 may be available after the forty-five-day wait in T.C.A. § 30-4-103. If assets are larger or the home was solely owned, open a regular estate in Room 124. | Sunset helps identify accounts, debts and title issues before you choose the estate settlement path. |
| Out-of-state adult child with a small estate | If the parent lived in Shelby County at death, the case is filed in Memphis. Small estate petitions under T.C.A. §§ 30-4-101 to 30-4-105 must be filed in person, the clerk's materials say cash or credit card only, and the walk-in docket runs Monday through Thursday with an 11:00 a.m. same-day cutoff. Remote proceedings are discretionary under Tenn. Sup. Ct. R. 55, adopted June 8, 2023, and Shelby Local Rule 2. | Sunset helps prepare the asset list and probate packet before travel, so the in-person trip is not missing basic information. |
| Parent settling predeceased child's estate, home must be sold | A small estate under T.C.A. §§ 30-4-101 to 30-4-105 handles personal property only and does not give authority over real estate. A home sale usually means a regular estate, letters of administration under T.C.A. § 30-1-117 if there is no will, the sixty-day filings under T.C.A. § 30-2-301, and a petition to sell real property that must be set for a date and time certain. Under the January 1, 2026 schedule, opening the estate costs $341.50 and the petition to sell real property costs $200.00. | Sunset helps build the asset and liability picture, including debts tied to the home, before the petition is filed. |
Self-help resources
| Resource | What it offers | Contact |
|---|---|---|
| Shelby County Probate Court Clerk's Office | Local forms, small estate materials under T.C.A. §§ 30-4-101 to 30-4-105, copy requests and the court's administrator and executor guide. The clerk's materials say staff may assist with the small estate petition, but court staff cannot give legal advice. | 140 Adams Avenue, Room 124, Memphis, TN 38103; (901) 222-3750; [email protected] |
| Shelby County Probate Court video learning library | Short educational videos on probate court essentials, including power of attorney, last will and testament, and trusts. | shelbycountytn.gov/3993/Video-Learning |
| Memphis Area Legal Services | Free civil legal help to eligible low-income residents of Shelby, Fayette, Tipton and Lauderdale counties. Its elder-law list includes wills, powers of attorney and other advance directives. It screens for financial eligibility and says it cannot help every financially qualified person. | Apply by calling (901) 523-8822 |
| 901 Legal Connect | A Memphis Bar Foundation public service that uses one form to connect people in Fayette, Lauderdale, Shelby and Tipton counties to free or low-cost legal help. It says help is not guaranteed. | 901legalconnect.org; 901-527-3573 |
| Second Saturday Legal Advice Clinic | A free walk-in clinic for brief in-person attorney advice, second Saturday of the month from 10:00 am to 12:00 pm at the Benjamin L. Hooks Central Library, 3030 Poplar Avenue. Intake ends at 11:00 am. | Listed by the Memphis Bar Association |
| Memphis Bar Association lawyer directory | A searchable directory of Memphis-area attorneys. The association says its office cannot answer legal questions or give legal advice. | memphisbar.org |
| Tennessee Administrative Office of the Courts self-help center | The statewide self-help starting point. For estates, it directs readers to the clerk in their own county. 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. | tncourts.gov/programs/self-help-center |
When to hire an attorney
Consider a probate attorney if the will may be contested, the estate includes real estate that must be sold, creditors are active, heirs do not agree, a bond or corporate surety issue arises under T.C.A. § 30-4-103, or you live outside Tennessee and cannot easily appear in Memphis. Shelby's local rules also require certain matters, including real-property sales and solemn form probate under T.C.A. § 30-1-117, to be set for a date and time certain. Sunset connects you to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families locate accounts, property, benefits and debts before filing, so the estate settlement plan is based on the full picture.
Generate the probate packet. Sunset turns the information you gather into organized next steps and probate paperwork that matches the Shelby County filing path you are using.
Find a local probate attorney. When the estate needs legal help, Sunset can connect you with a vetted probate attorney who handles Tennessee estate matters.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the local process and get connected to help without paying Sunset.
Frequently asked questions
Where do I file probate in Shelby County, Tennessee?
File at the Shelby County Probate Court Clerk's Office, 140 Adams Avenue, Room 124, Memphis, TN 38103. The office is open Monday through Friday from 8:00 am to 4:30 pm.
Does Shelby County probate go to chancery court?
No. Most Tennessee counties use chancery court and the Clerk and Master under T.C.A. § 16-16-201, unless another law provides otherwise. Shelby County has its own dedicated Probate Court, so estate papers go to the Probate Court Clerk's Office.
How much does it cost to open an estate in Shelby County?
Shelby County's opening total is $341.50, effective January 1, 2026, for a petition to probate a will, a petition for letters of administration under T.C.A. § 30-1-117, a small estate petition under T.C.A. §§ 30-4-101 to 30-4-105, or muniment of title under T.C.A. § 32-2-111. The clerk's statutory filing fee is set by state law and is the same in every Tennessee county (T.C.A. § 8-21-401); state and local litigation taxes are charged on top of it (§ 8-21-401(a)), and Shelby County's published $341.50 total, effective January 1, 2026, includes both.
Can I file Shelby County probate papers online or by mail?
Shelby County runs eFlex, and Probate Court Local Rule 4 allows documents to be filed by registered users. Registration uses a Tennessee bar number, and the portal's own front page describes new-case filing in Circuit Court and Chancery Court. Small estate petitions under T.C.A. §§ 30-4-101 to 30-4-105 must be filed in person, and mail-in small estate filings are no longer accepted. For any other estate filing, call (901) 222-3750 before relying on mail or eFlex.
What are the Probate Court Clerk's hours?
The Probate Court Clerk's Office is open Monday through Friday from 8:00 am to 4:30 pm. Both Probate Court divisions open court at 9:00 am Monday through Friday.
How do I look up a Shelby County probate case or document?
The court links one case information search for matters before October 2013, another for matters from October 2013 to present, and a separate document retrieval system. To view documents, the court says you need the docket number and must type it as eight characters with leading zeros, such as A0001111 for A-1111 or PR001111 for PR-1111.
How soon can a small estate be heard in Shelby County?
For a small estate under T.C.A. §§ 30-4-101 to 30-4-105, the clerk gives the hearing date when you file the petition and consents. Walk-ins are accepted Monday through Thursday from 9:00 a.m. to 12:00 noon. If the paperwork is complete and entered by 11:00 a.m., the matter is heard the same day; later filings move to the next business day.
Can I appear remotely in Shelby County Probate Court?
Remote proceedings are available at the discretion of the court. Tenn. Sup. Ct. Rule 55, adopted June 8, 2023, says using teleconferencing, video conferencing or other technology for court proceedings is permissible at the discretion of the trial court. Shelby Local Rule 2 says each division publishes its own preferences, so call (901) 222-3750 to ask which division has the case and what that division requires.
Does Shelby County Probate Court have its own forms?
Yes. The court's Probate Forms page includes estate forms, accounting forms, small estate forms under T.C.A. §§ 30-4-101 to 30-4-105, and a guide called General Information for Administrators/Executors. The small estate petition should be printed one-sided for submission.
Do I have to travel to Memphis if I live out of state?
For a small estate under T.C.A. §§ 30-4-101 to 30-4-105, at least one in-person filing trip is built into the clerk's current procedure because mail-in small estate filings are no longer accepted. Remote participation is discretionary under Tenn. Sup. Ct. R. 55, adopted June 8, 2023, and Shelby Local Rule 2. Call the Probate Court Clerk before booking travel.
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.