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Table of Contents

Probate is the court process of administering a deceased individual’s estate. Tennessee’s probate process is unique. Depending on the county, the probate process may be handled by either the Probate Court, Chancery Court, or Circuit Court.

How the Probate Process Works in Tennessee

The probate process begins when a person named in the will or an interested party files a petition with the probate court in the county where the decedent resided. If the deceased left a will, the court will verify it and appoint an executor. If no will is present, the court appoints an administrator.

Tennessee law allows common form probate and solemn form probate. The duration for concluding a probate process varies depending on the size of the estate and whether the estate is contested. Small estates may be resolved within six months to a year, while contested or complex matters may take longer.

What Are the Costs of Probate in Tennessee?

There are several factors that affect the cost of probate in Tennessee. These are filing fees, executor commissions, attorney fees, and many other types of administrative charges. Expect everyone to pay a filing fee between $100 and $300, depending on your county. Executor's fees, reasonable compensation, are a right to make, which is almost always calculated as a percentage of the estate. Attorney fees may be charged by the hour or as a flat fee, depending on individual cases.

Types of Probate Cases in Tennessee

Tennessee recognizes various categories of probate. Some of them are listed below:

  • Testate Probate: This process is used when the decedent left a valid will.
  • Intestate Probate: Intestate probate is used to administer estates in the absence of a will. This process allows property to be distributed under state law.
  • Common Form Probate: This is an informal process used when no disputes exist.
  • Solemn Form Probate: Solemn form probate is used in cases where disputes may arise. It ensures that heirs and other interested parties are notified of court hearings and judgments.
  • Small Estate Affidavit: This process is ideal for estates valued at $50,000 or less. It allows heirs to collect property without full probate.

Tennessee Probate Court Forms and Filing Instructions

You can obtain probate forms remotely from the Tennessee State Courts website or in person at local probate court clerks offices. Petitioners are advised to confirm requirements with the local probate clerk, as procedures differ by county.

How Tennessee Probate Courts Work at the County Level

Tennessee’s 95 counties provide probate services through different courts depending on local organization. Some counties have Probate Courts, while others assign probate to the Chancery or Circuit Court. Below are the ten most populous counties in the state with their probate courts:

How to Search Probate Records in Tennessee

Probate records are available at the courthouse where the application was filed. Most counties require in-person requests, while larger counties such as Shelby, Davidson, and Knox offer online case search portals. These records may include executor or administrator details, heir details, estate inventory, and the decedent's name. Certified copies of probate records are available for a fee.

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Court Case Types