General information about opening and administering an estate in Tennessee
Call (931) 552-6000Probate is the court process for proving a will, appointing a personal representative (called an executor when named in a will, and an administrator when there is no will), collecting the person’s assets, paying valid debts and taxes, and distributing what is left to the people entitled to it. Not everything passes through probate. Assets that have a named beneficiary, such as many life insurance policies and retirement accounts, and property owned jointly with a right of survivorship, usually pass outside the estate.
Under Tennessee law, a will is proved and letters testamentary are granted in the probate court of the county where the person had his or her usual residence at death. In the counties we serve, probate is generally handled through the Chancery Court and its Clerk and Master. In Montgomery County, that office is in the Courts Center at 2 Millennium Plaza in Clarksville. If a person lived in more than one county, the estate may be opened in any of them.
Tennessee’s Small Estate Probate Act offers a shorter process when the probate estate consists only of personal property worth $50,000 or less, not counting property that passes outside probate. A small estate cannot be opened until 45 days after the date of death, and it cannot be used to transfer real estate. Estates with real property, or larger values, go through the regular process.
A personal representative has legal duties to the estate and to the beneficiaries. These include inventorying assets, giving notice to creditors, keeping estate funds separate, and keeping accurate records. Creditors generally must file claims against the estate within a limited time. Tennessee law generally bars claims against an estate that are not filed within twelve months after the date of death, and separate notice-to-creditor rules can set shorter windows depending on how and when creditors are notified. There are exceptions, including for certain government claims such as taxes and TennCare. Because these deadlines can affect when property can safely be distributed, it is important to start early and to follow the notice procedures correctly.
A personal representative who distributes assets too soon, or without following the proper steps, can face personal liability. Many families ask for help so that the estate is closed correctly and the beneficiaries receive what they are entitled to.
We help families open an estate, work with the clerk’s office, complete the required notices and filings, and close the estate. Albert Marks’s practice focuses on estates. If the process turns into a disagreement among family members, or someone questions a will, see estate litigation. If you are planning ahead, see wills and trusts.
This page is general information. Probate procedures, fees and forms vary by county and change over time, and the clerk’s office can confirm current requirements.
Our only office is in Clarksville, and we handle matters for clients in Montgomery County (Clarksville), Stewart County (Dover), Houston County (Erin), Robertson County (Springfield), and Cheatham County (Ashland City). Each county’s Chancery Court has its own clerk’s office, forms and calendar, and we work with each of them.
Call to schedule a consultation about opening or administering an estate.
Office: 233 Dunbar Cave Road, Suite A, Clarksville, TN 37043 · Monday–Friday, 8:30 AM–5:00 PM
Email: [email protected] · Fax: (931) 645-1890
Contacting the firm does not create an attorney–client relationship. Please do not send confidential information until a relationship has been established. General information on this page is not legal advice, and every situation is different. Past matters do not predict the outcome of any future matter.