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Smith County, TN Probate Information
Quick facts
| Item | Smith County detail |
|---|---|
| Court | Smith County Chancery Court, with probate handled through the Clerk and Master's office under T.C.A. § 16-16-201 |
| Courthouse address | 322 Justice Drive, Suite 105, Carthage, TN 37030 |
| Mailing | No separate mailing address is published for the Clerk and Master. Use 322 Justice Drive, Suite 105, Carthage, TN 37030 unless the office tells you otherwise. |
| Phone | (615) 735-2092 |
| Fax | (615) 735-8431 |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. The page does not show a lunch closure. |
| Statutory probate charge | The probate estate charge is $275, effective January 1, 2026, under 2025 Public Chapter 486. State and local litigation taxes and any cost deposit are added under T.C.A. § 8-21-401. Smith County's Clerk and Master page does not publish a probate total. |
| County forms | The Clerk and Master page does not publish a separate probate petition, checklist, or county probate packet. It links to a 2026 15th Judicial District Local Rules of Practice PDF. |
| Electronic filing | The Clerk and Master page does not publish an electronic filing portal. Tennessee has no statewide trial-court electronic filing system. |
| Case lookup | The Clerk and Master page does not publish an online probate lookup link, and the Smith County subdomain for the Tennessee Online Court Records System is not available. |
| Remote proceedings | Tenn. Sup. Ct. R. 55, adopted June 8, 2023, makes remote proceedings permissible at the trial court's discretion. Smith County publishes no separate local remote-practice instruction. |
| Website | https://smithcotn.com/clerk-and-master/ |
Before you begin — know the assets and liabilities
Before you start a Smith County estate settlement, make a working list of the accounts, real estate, vehicles, debts, bills, and family contacts. That list helps you decide whether the estate needs regular probate, a small estate petition under T.C.A. §§ 30-4-101 to 30-4-105, or another Tennessee route.
Sunset's asset discovery searches more than 2,300 institutions, which can help you find accounts before you pay a filing charge, request letters, or ask the Smith County Clerk and Master what papers are needed. Doing that first can make the estate settlement more complete and reduce repeat trips to Carthage.
Which court handles jurisdiction
Smith County estate filings go through the Smith County Chancery Court at the Clerk and Master's office in Carthage. 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 Smith County, the county's own Clerk and Master page names probate work as part of that office's Chancery Court docket, and the chancery pattern follows T.C.A. § 16-16-201.
Use the Carthage office for estates assigned to Smith County. Do not use the 122 Turner High Circle address shown elsewhere in the county website footer for probate papers, because that address belongs to the separate Smith County Clerk office, not the Clerk and Master.
The jurisdiction process
- Confirm that Smith County is the right county. Tennessee venue for an estate follows the county where the person had legal residence at death (T.C.A. § 30-4-102). If that county is Smith County, plan on working with the Smith County Clerk and Master's office for Smith County Chancery Court under T.C.A. § 16-16-201.
- Gather the death certificate, the original will if there is one, names and addresses of heirs or beneficiaries, a list of assets and debts, and any information needed for a verified petition. Tennessee uses letters testamentary when there is a will and letters of administration when there is not (T.C.A. § 30-1-117).
- Ask the Clerk and Master's office what current local papers it wants. Smith County's website does not publish a separate probate petition or county packet, and Tennessee's Administrative Office of the Courts does not publish a statewide probate form set.
- Take the petition and supporting papers to 322 Justice Drive, Suite 105, Carthage, TN 37030. The probate estate charge is $275, effective January 1, 2026, under 2025 Public Chapter 486, with litigation taxes and any cost deposit added under T.C.A. § 8-21-401.
- For an uncontested will, ask the office whether the matter can proceed in common form under T.C.A. § 30-1-117. If notice is required because the matter is in solemn form, T.C.A. § 30-1-117 controls that noticed route.
- After letters issue, watch the creditor and reporting deadlines. The clerk gives notice to creditors under T.C.A. § 30-2-306, and the personal representative handles required mailing to known creditors. If an inventory is required, it is returned to the clerk of the court exercising probate jurisdiction under T.C.A. § 30-2-301.
- Call the Clerk and Master's office before any hearing or courthouse trip. Smith County does not publish a fixed probate hearing day or remote-appearance practice, and Tenn. Sup. Ct. R. 55, adopted June 8, 2023, leaves remote proceedings to the trial court's discretion.
- Use the letters to collect probate assets, pay valid expenses and claims, complete any required accountings or distributions, and close the estate when the Smith County court allows it.
Forms and documents
Probate forms in Smith County
Tennessee's Administrative Office of the Courts does not publish a statewide probate form set. Its Self-Help Center says most probate and estate matters are handled by the Clerk & Master in your county, which matches Smith County's local setup.
Smith County's Clerk and Master page does not publish a separate probate petition, checklist, or county probate packet. The page links to a 2026 15th Judicial District Local Rules of Practice PDF, but the page itself does not list probate rule numbers, a motion day, or a local packet. Call (615) 735-2092 before preparing papers so you know what the office currently expects.
Local nuance
Smith County-specific considerations
| Local point | Why it matters |
|---|---|
| Two county offices have similar names | Probate is handled by the Clerk and Master at 322 Justice Drive, Suite 105. The 122 Turner High Circle address shown in the county website footer belongs to the separate Smith County Clerk office and should not be treated as the probate filing office. |
| Smith County is in the 15th Judicial District | The district includes Smith, Jackson, Macon, Trousdale, and Wilson counties. Smith County's page links to the district local rules, but it does not publish a Smith County probate motion day or hearing schedule. |
| No office-level email is published | The page gives a phone number, fax number, and office address. Use those contact points rather than relying on an individual email address. |
Recent updates
| Item | Current information |
|---|---|
| Office hours | Smith County's Clerk and Master page lists Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Fax | The Clerk and Master page lists (615) 735-8431 for fax filing or document transmission questions. |
| Local rules link | The Clerk and Master page links to a 2026 15th Judicial District Local Rules of Practice PDF. |
Scenarios
| Scenario | Likely Smith County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by sorting which assets are probate assets and which pass outside the estate. If probate is needed in Smith County, work through the Clerk and Master's office in Carthage and ask what papers it wants before filing. | Sunset helps identify accounts, debts, and title issues so the spouse can focus the Smith County filing on assets that actually need court authority. |
| Out-of-state adult child with a small estate | If the probate property may qualify for Tennessee's Small Estate Probate Act, use the petition route under T.C.A. §§ 30-4-101 to 30-4-105, including the $50,000 limit under T.C.A. § 30-4-102 and the timing rule under T.C.A. § 30-4-103. Call the Smith County Clerk and Master because the county page does not publish a packet. | Sunset helps gather asset information remotely and can help prepare a cleaner question list before the adult child calls the Carthage office. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires careful review of title and probate authority. If Smith County is the proper county, the parent should expect to work with the Chancery Court through the Clerk and Master and may need attorney help before signing a sale contract. | Sunset helps organize account discovery, estate settlement tasks, and attorney matching so the parent is not managing the real estate issue alone. |
Self-help resources
| Resource | How it helps | Contact or link |
|---|---|---|
| Smith County Clerk and Master | The local office for Smith County Chancery Court and probate filings. The office can give filing logistics, hours, and local counter procedures, but court staff cannot give legal advice. | 322 Justice Drive, Suite 105, Carthage, TN 37030. Phone: (615) 735-2092. Fax: (615) 735-8431. Website: https://smithcotn.com/clerk-and-master/ |
| Tennessee Administrative Office of the Courts Self-Help Center | The Self-Help Center says most probate and estate matters are handled by the Clerk & Master in your county. It also states that court system employees may not engage in the practice of law under T.C.A. § 16-3-804. | https://www.tncourts.gov/programs/self-help-center |
| Tennessee court clerks directory | Use the statewide clerks list if you need to confirm the correct clerk office for a Tennessee county before starting probate. | https://www.tncourts.gov/courts/court-clerks/clerks-list |
| Justice for All | The Tennessee judiciary's self-help page links to Justice for All as a public access-to-justice resource. | https://justiceforalltn.com |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify financial accounts, insurance, debts, real estate leads, and other estate settlement items before they ask the Smith County Clerk and Master for letters.
Generate the probate packet. Sunset turns the family's information into an organized probate packet and task list, then flags what should be confirmed with the Smith County office because the county page does not publish a separate probate packet.
Find a local probate attorney. When the estate needs legal judgment, a home sale, a contested issue, or court appearances in Carthage, Sunset helps connect the family with a Tennessee probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, track tasks, and get connected with the right next step without paying Sunset.
Frequently asked questions
Where do I take probate papers in Smith County?
Use the Smith County Clerk and Master's office at 322 Justice Drive, Suite 105, Carthage, TN 37030. Smith County probate is handled through Smith County Chancery Court under T.C.A. § 16-16-201.
Is the Smith County probate office the same as the Smith County Clerk?
No. The Clerk and Master handles Chancery Court and probate matters. The 122 Turner High Circle address shown in the county website footer belongs to the separate Smith County Clerk office, not the probate filing office.
Does Smith County publish probate forms online?
The Clerk and Master page does not publish a separate probate petition, checklist, or county probate packet. Tennessee's Administrative Office of the Courts does not publish a statewide probate form set, and its Self-Help Center says most probate and estate matters are handled by the Clerk & Master in your county.
What is the Smith County probate filing fee?
The probate estate charge is $275, effective January 1, 2026, under 2025 Public Chapter 486. Litigation taxes and any cost deposit are added under T.C.A. § 8-21-401, and Smith County's Clerk and Master page does not publish a probate total.
Can Smith County probate papers be submitted electronically?
The Smith County Clerk and Master page does not publish an electronic filing portal. Tennessee has no statewide trial-court electronic filing system, so call (615) 735-2092 before assuming any electronic option is available.
Can I attend a Smith County probate hearing by phone or video?
Tenn. Sup. Ct. R. 55, adopted June 8, 2023, says remote proceedings are permissible at the trial court's discretion. Smith County does not publish a separate probate remote-practice rule on the Clerk and Master page, so ask the office how the court wants you to appear.
Can I look up a Smith County probate case online?
The Smith County Clerk and Master page does not publish an online probate lookup link. The Smith County subdomain for the Tennessee Online Court Records System is not available, so call the office for case-access questions.
Do I have to travel to Carthage for a Smith County estate?
Not every estate settlement task requires a courthouse visit, but Smith County does not publish an electronic filing portal or remote-appearance practice. Call the Clerk and Master before traveling, especially if you live outside Tennessee.
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.