Tennessee Probate Information
Quick facts
| Topic | Statewide rule | Authority |
|---|---|---|
| Court that handles estates | Tennessee has no single statewide probate court. The chancery court is the default only in counties where no public, private, special or local act provides otherwise. | T.C.A. § 16-16-201 |
| Where to file | File in the court exercising probate jurisdiction in the county where the person had legal residence at death. Confirm the court and filing officer for that county before filing. | T.C.A. § 30-4-102(1) |
| Filing officer | In chancery counties the filing officer is the Clerk and Master. In other counties it can be a Probate Court Clerk, a Circuit Court Clerk or another officer identified by the county's act. | T.C.A. § 16-16-201 |
| Authority document | Letters testamentary are used when there is a will, letters of administration are used when there is not, and limited letters are used in a small estate under T.C.A. § 30-4-101 et seq. | T.C.A. §§ 30-1-117, 30-4-102 |
| Small estate limit | $50,000 in probate personal property, under T.C.A. § 30-4-102 as it stands after 2023 Public Chapter 297. The route is a petition for limited letters under The Small Estate Probate Act, not an affidavit route. | T.C.A. §§ 30-4-101, 30-4-102 |
| Small estate wait | Forty-five days after death, unless the court waives the wait for good cause. | T.C.A. § 30-4-103 |
| Statutory clerk fee | The clerk's fee for a probate estate is $275, effective January 1, 2026 under 2025 Public Chapter 486. It rises to $300 in 2027 and $325 in 2028. State and local litigation taxes and any costs deposit are added on top. | T.C.A. § 8-21-401 |
| Statewide forms | The Administrative Office of the Courts does not publish a statewide probate form set. Its only probate-captioned trial-court form is a Receipt and Waiver used at closing, and the page says the Additional Court Forms will be removed after October 1, 2026. | AOC trial-court forms page |
| E-filing | There is no statewide trial-court e-filing system. E-filing exists only where a local court rule authorizes it and that county has built it. | T.C.A. § 8-21-401(n) |
| Case search | There is no statewide trial-court estate case search. Some counties use their own systems or a multi-office vendor portal; many readers still need to contact the county clerk. | AOC appellate case search and Tennessee Online Court Records System |
| Remote appearance | Remote proceedings are allowed only at the court's discretion. Tenn. Sup. Ct. R. 55 (Rule 55) was adopted by order filed June 8, 2023 and sets no statewide default or right. | Tenn. Sup. Ct. R. 55 (Rule 55) |
| State tax | The Department of Revenue says the inheritance tax is no longer imposed after December 31, 2015. Tennessee imposes no state estate tax, and TennCare recovery can still matter. | Department of Revenue; T.C.A. §§ 30-2-301, 71-5-116 |
Before you begin — know the assets and liabilities
Before you choose a Tennessee probate path, identify the assets, debts and likely creditors. This matters especially for estate settlement in Tennessee because limited letters in a small estate reach only the property itemized in the petition, and property discovered later can force conversion to full administration under T.C.A. § 30-4-104.
Sunset searches more than 2,300 institutions for accounts, policies and holdings in the decedent's name. That asset search helps you decide whether the estate can use limited letters, needs common form probate or requires a more complex path before anything is filed.
Which court handles probate
Tennessee probate is organized county by county. 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). The statutes deliberately use that functional phrase because the court is not the same in every county.
The default rule is chancery court, but only in counties where no public, private, special or local act provides otherwise. T.C.A. § 16-16-201 gives chancery courts probate jurisdiction in those counties and gives the Clerk and Master authority to grant letters testamentary and letters of administration, probate wills in common form, receive claims and handle related probate matters, subject to review by the chancellor.
| County shape | Who presides | Who takes the filing | Verified examples |
|---|---|---|---|
| Chancery court, the statutory default | A chancellor | The Clerk and Master | The great majority of Tennessee counties, under T.C.A. § 16-16-201 |
| Dedicated probate court | Probate Court judges | The Probate Court Clerk | Shelby County in Memphis, whose court site publishes separate Probate Court Judges and Probate Court Clerk pages |
| General sessions court or circuit court division by private or public act | A general sessions judge or circuit court division, depending on the act | The filing officer varies and is sometimes still the Clerk and Master | Davidson County uses the Seventh Circuit Court, probate division, with the Circuit Court Clerk. Dyer and Roane vest probate in general sessions by private act, including Private Acts of 1994, ch. 123 and Private Acts of 1959, ch. 77, as amended, with the Clerk and Master serving as clerk in those probate matters. |
Confirm both the court and the filing officer for the county before you file. A Tennessee estate settlement can be delayed if papers are prepared for the right county but delivered to the wrong office.
The probate process
- Identify the county of the decedent's legal residence at death. That county's court exercising probate jurisdiction is the venue under T.C.A. § 30-4-102.
- Confirm the county's court and filing officer. Chancery is the default under T.C.A. § 16-16-201, but public, private, special and local acts move probate elsewhere in some counties.
- Choose the path: small estate under The Small Estate Probate Act, common form probate, solemn form probate or muniment of title. Use the statutory triggers in T.C.A. §§ 30-4-101, 30-1-117 and 32-2-111.
- Prepare the verified petition. A petition for letters testamentary or letters of administration must include the information required by T.C.A. § 30-1-117. A small estate petition also needs the itemized property list, creditor information and limited-letter request required by T.C.A. § 30-4-103.
- Handle bond before filing if the route requires it. For a small estate, a corporate surety bond equal to the value of the property is required unless the petitioner is the sole heir, the sole beneficiary or all adult heirs and beneficiaries consent in writing (T.C.A. § 30-4-103).
- File with the county's correct clerk and pay the statutory clerk fee under T.C.A. § 8-21-401 plus state and local litigation taxes and any required costs deposit. Ask the clerk for that county's total.
- Receive letters. Tennessee uses letters testamentary when there is a will, letters of administration when there is not and limited letters for a small estate under T.C.A. §§ 30-1-117 and 30-4-102.
- In a full administration, the clerk gives notice to creditors within thirty days after letters issue. The personal representative must mail or otherwise deliver a copy to known or reasonably ascertainable creditors (T.C.A. § 30-2-306).
- File required early administration papers, including the inventory if required, notices to beneficiaries or distributees, the related affidavit and the TennCare notice affidavit within sixty days where those duties apply (T.C.A. §§ 30-2-301, 71-5-116).
- Work through claims, asset collection, sale issues, distributions and closing. The creditor bar is the earlier of the statutory dates in T.C.A. §§ 30-2-306 and 30-2-307, and distribution before the twelve-month date can leave distributees liable pro rata.
Types of probate
| Path | What it is for | Trigger or limit | Authority |
|---|---|---|---|
| Small estate, by petition for limited letters | A court petition for limited letters of administration of a small estate or limited letters testamentary of a small estate, restricted to the personal property itemized in the petition. | Probate personal property of $50,000 or less under T.C.A. § 30-4-102, forty-five days after death under T.C.A. § 30-4-103, and no petition to appoint a personal representative already filed. | T.C.A. §§ 30-4-101 through 30-4-104; 2023 Public Chapter 297 |
| Common form probate | The ordinary uncontested route. The verified petition is filed, no notice of the probate proceeding is required, and letters issue if the statutory requirements are met. | No dollar limit. Used when the estate needs a personal representative and the will or appointment is not being presented in solemn form. | T.C.A. §§ 30-1-117, 16-16-201 |
| Solemn form probate | The noticed route. Due notice must be given to all interested persons and the matter is heard by the chancellor or the court exercising probate jurisdiction. | No dollar limit. Useful where the will's validity should be settled with interested persons before the court. | T.C.A. §§ 30-1-117, 16-16-201, 30-2-301 |
| Muniment of title | A will may be admitted for the limited purpose of establishing a muniment of title without granting letters testamentary or otherwise proceeding with administration. | No administration. A testate small estate can also pair this route with limited letters testamentary of a small estate. | T.C.A. §§ 32-2-111, 30-4-103 |
Executor duties
Executor duties in Tennessee
Tennessee uses the term personal representative for the person appointed to administer the estate, whether the person is an executor under a will or an administrator without one. Key duties include:
| Duty | What Tennessee requires | Authority |
|---|---|---|
| Start with a verified petition | The petition for letters testamentary or letters of administration must include the statutory information about the petitioner, decedent, heirs, will, proposed personal representative, estimated estate value and other required items. | T.C.A. § 30-1-117 |
| Use the correct letters | Act only after the clerk issues letters testamentary, letters of administration or limited letters in a small estate. | T.C.A. §§ 30-1-117, 30-4-102 |
| Inventory | File a complete and accurate inventory within sixty days after entering on administration unless the statute excuses it and no one entitled to demand it does so. | T.C.A. § 30-2-301 |
| Beneficiary and distributee notice | Within sixty days, send the required will copies, relevant paragraphs or letters of administration, then file the required affidavit. The duty is excused when the personal representative is the sole beneficiary or the will was admitted in solemn form. | T.C.A. § 30-2-301 |
| TennCare notice | File an affidavit within the same sixty days that the Bureau of TennCare has been notified of the death. | T.C.A. §§ 30-2-301, 71-5-116 |
| Known creditor notice | The clerk publishes or posts the notice to creditors, but the personal representative must mail or deliver copies to creditors actually known or reasonably ascertainable. | T.C.A. § 30-2-306 |
| Claims and distributions | Respect the earlier-of claims bar and the distributee liability rule before final distribution. | T.C.A. §§ 30-2-306, 30-2-307 |
Forms and documents
Probate forms in Tennessee
Tennessee's Administrative Office of the Courts does not publish a statewide probate form set. There is no statewide petition for letters, letters form, inventory form, small-estate form or estate packet. The AOC self-help center's estate and probate entry says most probate and estate matters are handled by the Clerk and Master in the reader's county, then sends readers to the statewide clerks list.
The AOC trial-court forms page does contain estate-adjacent statewide forms, including the Uniform Civil Affidavit of Indigency, Uniform Affidavit of Indigency, Uniform Fax Filing Cover Sheet and Pauper's Oath in Lieu of Appeal Bond. Its Additional Court Forms table includes one probate-captioned item, Receipt and Waiver - Probate Court, but that form is used at closing, not to open an estate. The same page says the Additional Court Forms will be provided until October 1, 2026 and removed after that date.
The practical rule is to get the opening forms, packets and local instructions from the clerk who serves the probate court in the county where the estate will be filed. In Tennessee, that clerk may be the Clerk and Master, the Probate Court Clerk, the Circuit Court Clerk or another officer identified by the county's law.
Fees
The clerk's fee for a probate estate is set by state statute at $275, effective January 1, 2026 under 2025 Public Chapter 486. It rises to $300 in 2027 and $325 in 2028. The fee row expressly covers general administrations, small estates, insolvent estates and muniment of title, as well as conservatorships and guardianships (T.C.A. § 8-21-401).
| Service | Statutory fee | Authority |
|---|---|---|
| Probate estates, including general administrations, small estates, insolvent estates and muniment of title; conservatorships; guardianships | $275 as of January 1, 2026; $300 in 2027; $325 in 2028 | T.C.A. § 8-21-401(c), 2025 Public Chapter 486 |
| Requests in probate estates to sell real property; year's support, exempt property or homestead; insolvency; interpretation | $200 | T.C.A. § 8-21-401(c), 2025 Public Chapter 486 |
| Creditor claims against probate estates | $50.00 | T.C.A. § 8-21-401(c), 2025 Public Chapter 486 |
| Exceptions to creditor claims against probate estates | $100 | T.C.A. § 8-21-401(c), 2025 Public Chapter 486 |
| Request on an existing estate, other than a request to close the estate, not otherwise designated | $25.00 | T.C.A. § 8-21-401(c), 2025 Public Chapter 486 |
| Order on an existing estate, other than a closing order, not otherwise designated | $20.00 | T.C.A. § 8-21-401(c), 2025 Public Chapter 486 |
| Each summons, subpoena, citation, writ or notice | $10.00 | T.C.A. § 8-21-401(c), 2025 Public Chapter 486 |
| Document not otherwise designated | $7.00 | T.C.A. § 8-21-401(c), 2025 Public Chapter 486 |
| Filing, reviewing, recording and entering an accounting or settlement | $75.00 | T.C.A. § 8-21-401(c), 2025 Public Chapter 486 |
| Document request, other than an original filing and other than preparing a record on appeal | $0.50 per page | T.C.A. § 8-21-401(i), 2025 Public Chapter 486 |
| Certification and seal | $5.00 | T.C.A. § 8-21-401(i), 2025 Public Chapter 486 |
| Preparing a record on appeal from a court of record to an appellate court | $300 | T.C.A. § 8-21-401(i), 2025 Public Chapter 486; 2027 step-up context appears above |
| Appeal from juvenile, general sessions, probate, municipal courts or administrative agencies to chancery or circuit | $200 as of January 1, 2026; $225 in 2027; $250 in 2028 | T.C.A. § 8-21-401(b), 2025 Public Chapter 486 |
The statutory fee is not the total at the counter. T.C.A. § 8-21-401(a), as rewritten by 2025 Public Chapter 486, says the filing fees and costs do not include officer's fees or state and local litigation taxes. Ask the county clerk for that county's total before you file.
A person who cannot pay can ask to proceed by pauper's oath. T.C.A. § 8-21-401(m) says a clerk may not collect a fee authorized by that section without giving the person the opportunity to start the case by pauper's oath under Tenn. Sup. Ct. R. 29 (Rule 29). The statute also says a judge may find indigency even if the person does not meet the Legal Services Corporation's poverty guidelines.
Timeline
- At death, identify the county of legal residence and confirm the court exercising probate jurisdiction in that county (T.C.A. § 30-4-102).
- For a small estate, wait forty-five days after death unless the court waives the wait for good cause. The petition for limited letters must satisfy T.C.A. § 30-4-103.
- File the verified petition for letters testamentary or letters of administration, or the small estate petition for limited letters, with the correct county filing officer (T.C.A. §§ 30-1-117, 30-4-103).
- After letters issue in a full administration, the clerk gives notice to creditors within thirty days in the name of the personal representative (T.C.A. § 30-2-306).
- Within sixty days after entering on administration, file the inventory if required, send required beneficiary or distributee notices, file the related affidavit and file the TennCare notice affidavit (T.C.A. §§ 30-2-301, 71-5-116).
- The claims bar is the earlier of four months from first publication or posting, with the statutory actual-notice adjustment, or twelve months from the date of death. Claims not filed by the applicable date will be forever barred (T.C.A. §§ 30-2-306, 30-2-307).
- In a small estate, no notice to creditors is published and creditors may not file claims in the small estate probate, but people who receive property remain liable for up to one year from payment, transfer or delivery (T.C.A. §§ 30-4-103, 30-4-104).
- For a small estate, the limited letters stay open and active until the first anniversary of their issuance, when the personal representative and surety may be automatically discharged (T.C.A. § 30-4-103).
- For a full administration, settle claims, complete accounting or settlement requirements and seek closing when the estate is ready. A court may permit distribution before twelve months from death, but a later timely creditor recovers from distributees pro rata (T.C.A. § 30-2-307).
- An appeal as of right to the Supreme Court, Court of Appeals or Court of Criminal Appeals requires notice of appeal filed with the appellate court clerk within 30 days after entry of the judgment, and the period cannot be extended (Tenn. R. App. P. 4).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Consideration | Why it matters | Authority |
|---|---|---|
| The court map is local | Chancery court is the default, not a universal rule. Some counties use a dedicated probate court, a circuit division or general sessions by private act, so the first step is confirming the county's court and filing officer. | T.C.A. § 16-16-201 |
| The Clerk and Master is a Tennessee-specific office | In chancery counties, the Clerk and Master grants letters, probates wills in common form, receives claims and states accounts, subject to chancellor review by motion, petition or exceptions. | T.C.A. § 16-16-201 |
| The clerk gives creditor publication | In a full administration, the clerk gives notice to creditors within thirty days after letters issue. The personal representative still mails copies to known or reasonably ascertainable creditors. | T.C.A. § 30-2-306 |
| Term-of-court scheduling can matter | One chancellor commonly serves several counties, and many chancery counties use terms of court and docket sounding. Ask the county's court how probate hearings are set. | T.C.A. § 16-16-201 |
| Fee schedules printed before 2026 may be stale | 2025 Public Chapter 486 folded small estates and muniment of title into one $275 probate-estate clerk fee effective January 1, 2026, with step-ups to $300 in 2027 and $325 in 2028, while litigation tax remains additional. | T.C.A. § 8-21-401 |
| TennCare is the live state obligation | Even though the Department of Revenue says the inheritance tax is no longer imposed after December 31, 2015 and no state estate tax is imposed, TennCare notice and recovery can still create liability. | T.C.A. §§ 30-2-301, 30-4-104, 71-5-116 |
Small-estate alternatives
Tennessee's current small-estate route is The Small Estate Probate Act, enacted by 2023 Public Chapter 297 and codified at T.C.A. §§ 30-4-101 through 30-4-104. The route is a sworn petition to the court for limited letters, not an affidavit presented outside court.
| Requirement | Rule | Authority |
|---|---|---|
| Limit | The probate property must not exceed $50,000, under T.C.A. § 30-4-102 as it stands after 2023 Public Chapter 297. | T.C.A. § 30-4-102 |
| Property covered | Only personal property, or an interest in personal property, subject to probate. The statutory limited letters say they give no authority over real estate. | T.C.A. §§ 30-4-102, 30-4-103 |
| Wait | The petition is filed after forty-five days from death, evidenced by the death certificate, unless the court waives the wait for good cause. | T.C.A. § 30-4-103 |
| Will or no will | Both testate and intestate small estates can qualify. A testate small estate may use limited letters testamentary of a small estate. | T.C.A. § 30-4-103 |
| Petition contents | The sworn petition must include the T.C.A. § 30-1-117 information, plus an itemized list of the property, each item's value, the identity of each creditor and the amount owed. | T.C.A. § 30-4-103 |
| Bond | A corporate surety bond equal to the value of the property is required regardless of any will waiver, unless the petitioner is the sole heir, the sole beneficiary or all adult heirs and beneficiaries consent in writing. | T.C.A. § 30-4-103 |
| Creditors | A notice to creditors must not be published, and a creditor is not permitted to file a claim in a small estate probate. | T.C.A. § 30-4-103 |
| Discharge | The limited letters remain open and active until the first anniversary of issuance, when the personal representative and surety may be automatically discharged. | T.C.A. § 30-4-103 |
| Later-discovered assets | If added assets exceed the statutory limit, the court may allow conversion to full probate administration. | T.C.A. § 30-4-104 |
Recent updates
| Change | Effective date | Authority |
|---|---|---|
| Title 30, chapter 4 was deleted and replaced with The Small Estate Probate Act. The route became a petition for limited letters, testate small estates were restored, corporate surety became the default bond rule and creditor claims were excluded from the small-estate route. | Passed April 6, 2023; effective upon becoming law | 2023 Public Chapter 297; T.C.A. §§ 30-4-101 through 30-4-104 |
| The Supreme Court adopted a statewide remote-proceedings rule, leaving teleconferencing, video conferencing and other technology to the trial or appellate court's discretion. | Adopted by order filed June 8, 2023, effective upon filing | Tenn. Sup. Ct. R. 55 (Rule 55) |
| The clerk fee statute was deleted and replaced. A single standard probate-estate fee, expressly including general administrations, small estates, insolvent estates and muniment of title, became $275 as of January 1, 2026, rising to $300 in 2027 and $325 in 2028. State and local litigation taxes remain additional. | January 1, 2026 | 2025 Public Chapter 486; T.C.A. § 8-21-401 |
| The Department of Revenue says the inheritance tax is no longer imposed after December 31, 2015 and instructs that no return be filed for decedents with dates of death in 2016 or after. | No longer imposed after December 31, 2015 | Tennessee Department of Revenue |
| The AOC trial-court forms page says the forms in its Additional Court Forms table, including the Receipt and Waiver - Probate Court, will be provided until October 1, 2026 and removed after that date. | Notice current as of August 2026 | Administrative Office of the Courts, Trial & General Sessions Court Forms |
| Tennessee is still procuring a statewide court case management and e-filing system. The AOC technology page shows a case management and e-filing request for proposal marked Archived, a notice of intent to release a new one and a status report dated February 11, 2026. | Status as of August 2026 | Administrative Office of the Courts, statewide court technology solution page |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Tennessee path | What to watch | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with co-owned home | If the home was held as tenants by the entirety or with right of survivorship, it passes outside the probate estate and is not property for small-estate purposes under T.C.A. § 30-4-102. Whether probate is needed turns on what remains in the decedent's sole name. | The small-estate route reaches no real estate. If the house is in the decedent's sole name, limited letters under T.C.A. § 30-4-103 do not handle the house. | Sunset helps identify sole-name accounts and debts so the spouse can decide whether estate settlement requires common form probate or no court administration for the home. |
| Out-of-state adult child with small estate | A petition for limited letters of administration of a small estate may fit if the parent's probate personal property is $50,000 or less under T.C.A. § 30-4-102 and the forty-five-day wait under T.C.A. § 30-4-103 has passed or is waived. | The corporate surety bond rule is often the practical hurdle. Written consents from all adult heirs and beneficiaries can avoid the bond if the statute's conditions are met. | Sunset helps collect account information before filing and can connect the child with a local Tennessee probate attorney if travel, consents or the county's filing officer are uncertain. |
| Parent settling predeceased child's estate, home must be sold | A full administration in common form is the likely path because limited letters in a small estate do not authorize real estate matters. | The creditor calendar controls timing. The claims bar is the earlier of four months from first publication or posting and twelve months from death, with the statutory actual-notice adjustment in T.C.A. §§ 30-2-306 and 30-2-307. | Sunset helps organize estate settlement tasks, identify accounts and prepare the information needed for the verified petition and attorney review. |
Self-help resources
| Resource | What it can help with | Source |
|---|---|---|
| The clerk who serves your county's probate court | The AOC sends estate and probate readers to the clerk in their county. The clerk can accept filings, quote fees and provide that court's own forms, but cannot give legal advice. | AOC self-help center and statewide clerks list |
| Statewide clerks list | Directory for Tennessee court clerks, including Clerks and Masters, circuit court clerks and general sessions clerks. Use it to find the office for your county, then confirm the probate court and filing officer. | tncourts.gov/courts/court-clerks/clerks-list |
| 1-844-HELP4TN and Help4TN.org | The AOC describes this as a statewide free phone line offering legal information and referrals to low-income Tennesseans with civil legal issues. It does not state probate-specific coverage. | AOC guide to free or reduced-rate legal services |
| Justice for All | The AOC describes this Tennessee Supreme Court access-to-justice site as offering information on free legal help, self-representation, court forms and county-based resources. | justiceforalltn.org/resources/ |
| Find a courthouse | AOC courthouse locator for Tennessee counties. | tncourts.gov/courthouse |
| Pauper's oath | A person who cannot pay can ask to proceed by pauper's oath. The judge decides indigency under Tenn. Sup. Ct. R. 29 (Rule 29), and T.C.A. § 8-21-401 says the person need not meet federal poverty guidelines. | AOC trial-court forms page; T.C.A. § 8-21-401; Tenn. Sup. Ct. R. 29 (Rule 29) |
The AOC self-help center also states the court-staff boundary: under T.C.A. § 16-3-804(b), no employee of the state court system may engage in the practice of law, including legal referrals, legal research or legal advice.
When to hire an attorney
A Tennessee probate attorney is especially useful when the estate includes real estate, a will may need solemn form probate, creditors or TennCare recovery are active, a corporate surety bond is required, or the county's probate jurisdiction sits somewhere other than the default chancery court. Tennessee estate settlement is local enough that counsel should practice in the county where the estate will be filed. Sunset connects families to a vetted probate attorney.
How Sunset helps in Tennessee
Find the accounts and assets. Sunset helps families identify accounts, policies and holdings in the decedent's name before filing, which matters in Tennessee because a small-estate petition works only on the property itemized in it and an account discovered later can force conversion to full administration under T.C.A. § 30-4-104.
Generate the probate packet. Sunset assembles the information a Tennessee petition needs, including the items the verified petition must contain and the itemized property list a small-estate petition requires.
Find a local probate attorney. Sunset connects families to vetted probate attorneys who practice in the county where the estate will be filed, which matters in a state where the court and the filing officer differ from county to county.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, understand the Tennessee path, and decide when local legal help is needed.
Frequently asked questions
Which court handles probate in Tennessee?
It depends on the county. Chancery court is the default only where no public, private, special or local act provides otherwise (T.C.A. § 16-16-201). Shelby County has a dedicated Probate Court, Davidson County uses the Seventh Circuit Court, probate division, and private acts place probate elsewhere in some counties.
How do I find out which court and clerk handle estates in my Tennessee county?
Start with the county where the decedent had legal residence at death. Tennessee's venue rule sends the estate to the court exercising probate jurisdiction in that county (T.C.A. § 30-4-102). Then confirm the filing officer on that county court or clerk site or through the AOC statewide clerks list.
What is the small estate limit in Tennessee?
The limit is $50,000 in probate personal property, under T.C.A. § 30-4-102 as it stands after 2023 Public Chapter 297. The current route is a petition for limited letters under The Small Estate Probate Act, T.C.A. § 30-4-101 et seq.
Do I have to wait 45 days to file a small estate in Tennessee?
Yes, unless the court waives the wait for good cause. T.C.A. § 30-4-103 requires forty-five days after death, evidenced by the death certificate, and also requires that no petition to appoint a personal representative has been filed during that period.
Does a Tennessee small estate cover real estate?
No. Under T.C.A. § 30-4-102, the small estate route covers personal property only. The statutory limited letters under T.C.A. § 30-4-103 state that they give no authority to handle real estate matters.
Do I need a bond for a Tennessee small estate if the will waives it?
Possibly. T.C.A. § 30-4-103 requires a corporate surety bond equal to the value of the property regardless of a will's bond waiver, unless the petitioner is the sole heir, the sole beneficiary or all adult heirs and beneficiaries consent in writing.
How much does it cost to open an estate in Tennessee?
The statutory clerk's fee for a probate estate is $275, effective January 1, 2026 under 2025 Public Chapter 486. It rises to $300 in 2027 and $325 in 2028. T.C.A. § 8-21-401 also says state and local litigation taxes are not included, so the county counter total will be higher.
Can I get Tennessee court fees waived?
A person who cannot pay can ask to proceed by pauper's oath. T.C.A. § 8-21-401 and Tenn. Sup. Ct. R. 29 (Rule 29) control the indigency decision, and the statute says a judge may find a person indigent even if the person does not meet Legal Services Corporation poverty guidelines.
Are there statewide Tennessee probate forms?
No statewide probate form set is published by the AOC. The AOC trial-court forms page includes a Receipt and Waiver - Probate Court in its Additional Court Forms table, but that is a closing form, and the page says those Additional Court Forms will be removed after October 1, 2026. Opening forms come from the county's proper probate filing office.
Can I appear remotely for a Tennessee probate hearing?
Remote appearance is up to the court. Tenn. Sup. Ct. R. 55 (Rule 55), adopted by order filed June 8, 2023, says the use of teleconferencing, video conferencing or other technology to conduct court proceedings remotely is permissible at the discretion of the trial or appellate court. It creates no statewide default and no right to appear remotely.
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.