Overview
Campbell County is located in Tennessee with a population of approximately 40,238. The Campbell 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 Title 30 of the Tennessee Code Annotated. The process begins with filing a Petition for Letters of Administration or Letters Testamentary 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.
Tennessee offers a simplified Small Estate Affidavit procedure for estates valued at $50,000 or less (excluding real property). This process is faster and less expensive than full probate administration.
Tennessee does not have a statutory fee schedule 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 Campbell 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
Campbell County Chancery Court
Probate matters in Campbell County are handled at the Campbell County Courthouse.
Address: 570 Main Street, Suite 110, Jacksboro, TN 37757
Phone: (423) 562-3496 (Clerk & Master)
Hours: Contact the court to confirm current office hours
The Clerk & Master's office is responsible for maintaining probate records. The court is located in Jacksboro, the county seat.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Security screening is required for entry into the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $50,000 or less, you may file a Small Estate Affidavit after a 45-day waiting period.
- Non-Probate Transfers: Assets with named beneficiaries (life insurance, IRAs) or held in joint tenancy with rights of survivorship pass directly to the co-owner or beneficiary.
- 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 Letters of Administration or Letters Testamentary with the Campbell County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (approximately $397.00)
- Oath of Personal Representative
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 Campbell County, such as the LaFollette Press, for two consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from the date of first publication to file claims)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed (including TN inheritance tax returns for older estates, though largely repealed for recent deaths)
- Distribute assets to beneficiaries
- File a final accounting and petition to close the estate
Local Requirements
Campbell County-Specific Procedures
- Court: Probate is handled by the Chancery Court in Campbell County.
- Bond: A bond is typically required unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors is typically published in the LaFollette Press.
- Local Forms: While some forms may be available at the courthouse, it is recommended to use standard Tennessee probate forms or consult an attorney for drafting petitions.
Always check with the Clerk & Master's office for the most up-to-date local rules and filing requirements.
Timeline & Fees
Filing Fees (Campbell County)
- Petition for Administration/Testate Estate: approximately $397.00
- Small Estate Affidavit: approximately $128.00
- Publication costs: approximately $105.00 (LaFollette Press)
- Claims against Estate: approximately $11.00
- Certified Copies: Fees vary per page/document
Note: Fees are subject to change. Contact the Clerk & Master at (423) 562-3496 to verify exact amounts.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit/debit cards may be accepted with a processing fee; personal checks are often not accepted for new filings.
Estimated Timelines
- Small Estate: Can be settled relatively quickly after the 45-day waiting period.
- Simple estates: 6-9 months (minimum 4-month creditor period).
- Complex or contested estates: 12 months to several years.
Factors affecting the timeline include the creditor claim period (4 months), tax return processing, and any disputes among heirs.
Local Resources
Campbell County Court Resources
- Court Website: campbellcountytn.gov
- Probate Self-Help: TN Courts Self-Help
- Tennessee Probate Forms: TN Administrative Office of the Courts
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee and the Cumberlands: (865) 483-8454 — las.org
- TN Free Legal Answers: tn.freelegalanswers.org
Publication
- LaFollette Press: (423) 562-2626 — lafollettepress.com