Overview
Bedford County is located in Tennessee with a population of approximately 50,237. The Bedford County Chancery Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Tennessee probate is governed by Tennessee Code Annotated Title 30. The process begins with filing a Petition for Probate of Will (for testate estates) or a Petition for Letters of Administration (for intestate estates) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Small Estate Affidavit: Tennessee offers a simplified procedure for estates valued at $50,000 or less (excluding real property). This process, known as the Small Estate Affidavit, allows for the transfer of assets without full probate administration after a 45-day waiting period.
Fees: Tennessee does not have a statutory percentage fee for attorneys or executors; fees must be "reasonable" and are subject to court approval if contested or if required by local rule.
This guide provides an informational overview of the Bedford County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Bedford County Chancery Court
Probate matters in Bedford County are handled by the Clerk & Master at the Bedford County Chancery Court Clerk & Master's Office.
Address: 108 Northcreek Drive, Suite 155, Shelbyville, TN 37160
Phone: (931) 684-1672 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk & Master's office is located in the Bedford County Business Complex (Northcreek facility), separate from the historic courthouse on the square.
Parking and Access
Free parking is generally available in the lot adjacent to the Northcreek Drive facility. The building is ADA accessible. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $50,000 or less (excluding real estate) and no petition for appointment of a personal representative is pending, you may file a Small Estate Affidavit after 45 days from the date of death.
- Transfer on Death / Survivorship: Assets titled jointly with rights of survivorship or with designated beneficiaries (like life insurance or retirement accounts) pass outside of probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Bedford County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of interested parties (heirs and beneficiaries)
- Filing fee (approximately $350-$450; verify exact amount with the clerk)
- Oath of Personal Representative
Note: E-filing may not be available for initial probate petitions; check with the Clerk & Master for current protocols.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Bedford County (e.g., The Bedford County Post) for two consecutive weeks.
- Notify creditors directly if they are known or reasonably ascertainable.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the Chancellor or Clerk & Master reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify the Bureau of TennCare (if the decedent was 55 or older).
- Inventory and appraise all estate assets within 60 days (unless waived by the will and all beneficiaries).
- Pay valid creditor claims (the creditor claim period is generally 4 months from first publication).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition to close the estate.
Local Requirements
Bedford County-Specific Procedures
- Local Forms: The Bedford County Chancery Court may have specific local forms for the Small Estate Affidavit or inventory. Check the county website or office.
- Bond: A bond is typically required for personal representatives unless waived in the will or by all beneficiaries/heirs.
- Hearings: Probate hearings are generally held before the Clerk & Master or the Chancellor. Call to schedule.
- Publication: Notice to creditors is typically published in The Bedford County Post or Shelbyville Times-Gazette.
Always check with the Clerk & Master's office for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Bedford County)
Note: Fees are subject to change. Contact the Clerk & Master at (931) 684-1672 for the current schedule.
- Petition to Open Estate: approximately $350.00 - $450.00
- Small Estate Affidavit: approximately $100.00 - $230.00
- Certified copies of Letters: approximately $5.00 - $10.00 per copy
- Publication costs: approximately $100.00 - $200.00 (paid to newspaper)
- Claims against Estate: approximately $11.00
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Personal checks may not be accepted. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Small Estate: Can be filed 45 days after death; process is relatively quick.
- Simple Formal Estate: 6-9 months (minimum 4-month creditor period).
- Average Estate: 9-15 months.
- Complex or Contested Estate: 18 months to several years.
Local Resources
Bedford County Court Resources
- Court Website: bedfordcountytn.gov
- Probate Forms: Bedford County Forms
- Tennessee State Forms: tncourts.gov
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee: (931) 455-7000 — las.org
Publication
- The Bedford County Post: (931) 684-1200 — bedfordcountypost.com
- Shelbyville Times-Gazette: (931) 684-1200 — t-g.com