Overview
Cannon County is located in Tennessee with a population of approximately 15,142. The Cannon 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 Petition for 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 Administration: Tennessee offers a simplified process for estates valued at $50,000 or less (excluding real property). This involves filing a Small Estate Affidavit with the court clerk 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 practice.
This guide provides an informational overview of the Cannon 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
Cannon County Chancery Court
Probate matters in Cannon County are handled at the Cannon County Courthouse.
Address: 200 West Main Street, Woodbury, TN 37190
Phone: (615) 563-5936 (Clerk and Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM (contact the Clerk and Master to confirm current hours)
The Clerk and Master's office is located within the historic courthouse on the square in Woodbury. The Chancery Court has jurisdiction over probate, administration of estates, and guardianships.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The building is accessible, but visitors requiring special assistance should contact the Clerk's office in advance.
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 formal administration has been filed, you may file a Small Estate Affidavit after 45 days.
- Non-Probate Transfers: Assets with beneficiary designations (e.g., life insurance, IRAs) or held as "Tenants by the Entirety" with a spouse 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 Cannon County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approximately $350-$450)
- Oath of Personal Representative
Note: E-filing may not be available for all initial probate pleadings; check with the Clerk and 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 Cannon County (typically the Cannon Courier) 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 first publication to file claims)
- Inventory and appraise all estate assets within 60 days (unless waived by will and all beneficiaries)
- Pay valid creditor claims and estate expenses
- File Tennessee inheritance tax return (if applicable, though largely phased out) and federal tax returns
- Distribute assets to beneficiaries
- File a final accounting (unless waived) and petition to close the estate
Local Requirements
Cannon County-Specific Procedures
- Local Rules: The 16th Judicial District (serving Cannon and Rutherford Counties) has local rules of practice. Consult the Clerk and Master for specific local forms or standing orders.
- Bond: A bond is generally required for the personal representative unless waived in the will or by all beneficiaries/heirs.
- Publication: Notice to creditors must be published in the Cannon Courier.
- Hearings: Probate hearings are typically held on specific motion days; confirm the schedule with the Clerk.
Timeline & Fees
Filing Fees (Cannon County)
- Petition to Open Estate: approximately $350.00 - $450.00 (varies by specific case type)
- Small Estate Affidavit: approximately $100.00 - $150.00
- Certified copies of Letters: approximately $5.00 - $10.00 per copy
- Publication costs: approximately $100.00 - $200.00 (paid directly to newspaper or via clerk)
Note: Fees are subject to change. Contact the Clerk and Master at (615) 563-5936 for the most current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a processing fee; personal checks are often not accepted for initial filings.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 2-4 months
- Average formal probate: 6-12 months (minimum 4-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The timeline is heavily influenced by the 4-month creditor claim period which begins after the first publication of notice.
Local Resources
Cannon County Court Resources
- Court Website: cannoncountytn.gov
- Probate Self-Help: Tennessee State Courts 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: (615) 890-0905 — las.org
Publication
- Cannon Courier: (615) 563-2512 — cannoncourier.com