The Tennessee Probate Process: Steps and Timeline

Probate is filed in the county where the person lived at death, in whichever court has probate jurisdiction there. That varies around Middle Tennessee:

• Davidson County: the Seventh Circuit Court, Probate Division, often called the Davidson County Probate Court (Davidson County Probate Court Clerk).
• Williamson County: Chancery Court, with the Clerk and Master issuing letters (Williamson County Chancery Court Clerk and Master).
• Wilson County: the Wilson County Probate Court, with the Clerk and Master serving as probate clerk (Wilson County Clerk & Master).
• Rutherford County: filings go through the County Clerk (Rutherford County Estates & Wills). Our Rutherford and Williamson guide covers both counties in more detail.

Someone, usually the executor named in the will or a close family member if there's no will, files a verified petition asking the court to open the estate. Tennessee law lists what the petition must include: the decedent's details, whether there's a will, the heirs or beneficiaries and their relationships, an estimate of the estate's value (unless bond is waived), and information about the proposed personal representative (T.C.A. § 30-1-117).

There's a filing fee. In Davidson County, for example, the clerk lists $334.50 for a petition to probate a will or for letters of administration, effective January 1, 2026 (Davidson County Probate Court filing fees). Other counties set their own totals.

If everything is in order, the court appoints the personal representative and issues Letters Testamentary (with a will) or Letters of Administration (without one). The letters are the personal representative's proof of authority. Banks, title companies and mortgage servicers will ask for them.

How fast letters come depends on the court's docket and whether anyone objects. A straightforward petition can move quickly; a contested will can take much longer.

Within 30 days after letters are issued, the clerk publishes a notice to creditors in a local newspaper (T.C.A. § 30-2-306). That starts the creditor clock.

Within 60 days after taking on the administration, the personal representative must file an inventory of the probate estate with the clerk, unless the will or all residuary beneficiaries excuse it for a solvent estate. In the same 60-day window, the personal representative must send copies of the will (or the letters, if there's no will) to the beneficiaries or heirs, file an affidavit that they did, and file an affidavit that TennCare has been notified of the death (T.C.A. § 30-2-301).

Creditors generally have four months from the first publication of the notice to file claims, with some variation if a creditor received actual notice late (T.C.A. § 30-2-307). Claims are generally barred 12 months after the date of death (T.C.A. § 30-2-310).

This waiting period is the main reason even simple Tennessee estates usually stay open for at least several months.

The personal representative pays valid claims, final expenses and administration costs from estate funds, and keeps the house's property taxes and insurance current while the estate is open.

Once claims are resolved, the personal representative accounts for what came in and went out (unless the will or the beneficiaries waive it), distributes what's left and asks the court to close the estate.

Putting the steps together:

• Simplest estates: roughly six months to a year, mostly because of the claims period.
• Estates with a house to sell, multiple heirs or out-of-state family: often a year or more.
• Contested wills, missing heirs or title problems: can take considerably longer.

These ranges are general estimates, not statutory timelines. Your court and your estate set the actual pace.

• Small estates: Tennessee has a simplified process for estates with $50,000 or less in probate property, but it covers personal property only, so it doesn't work for a house (T.C.A. § 30-4-102).
• Muniment of title: a will can sometimes be admitted to probate just to pass title to real estate, without letters being issued (T.C.A. § 32-2-111).
• No will: the house passes under Tennessee's intestacy rules. See inherited a house with no will in Tennessee.

The house doesn't have to sit for the whole process. In many estates, the house can be sold once the personal representative has letters and the authority to sell, or when the heirs sign together. Our guide on whether you can sell a house during probate in Tennessee walks through the options.

Smith Home Buyer buys inherited houses across Middle Tennessee as-is: no repairs, no cleanout, no showings, no commissions, and a closing date you pick. We can make an offer while the estate is open and close once the paperwork allows. A cash offer is typically below full retail price; what you give up in price, you save in fees, repairs, holding costs and time. See how it works.

What is the minimum time for probate in Tennessee?

There's no fixed minimum, but the claims period (generally four months from first publication of the notice) means most estates stay open at least several months.

Do all estates in Tennessee go through probate?

No. Assets with a named beneficiary, jointly owned property with survivorship, and some small estates may avoid full probate. A house titled only in the decedent's name usually needs some court process.

Who files for probate in Tennessee?

Usually the executor named in the will. If there's no will, a family member or other eligible person petitions to be appointed administrator.

Can we sell the house before probate closes?

Often, yes. It depends on the will and the court's authority. See selling a house during probate in Tennessee.

Probate has its own pace. If you'd like a number on the house while you work through it, get your free cash offer: tell us about the property. No obligation, no fees, no repairs. Or read our FAQ first.