Overview
Carroll County is located in Tennessee with a population of approximately 29,107. The Carroll 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 to Probate Will (or Petition for Letters of Administration) 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 procedure for small estates known as the Small Estate Affidavit. This is available if the value of the decedent's personal property does not exceed $50,000. 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 the will does not specify otherwise.
This guide provides an informational overview of the Carroll 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
Carroll County Chancery Court
Probate matters in Carroll County are handled at the Carroll County Chancery Court.
Address: 99 Court Square, Huntingdon, TN 38344
Phone: (731) 986-1920 (Chancery Court Clerk & Master)
County Clerk: (731) 986-1960 (625 High Street, Huntingdon, TN 38344)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Chancery Court is located in the county courthouse at 99 Court Square in Huntingdon. Probate filings are handled through the Chancery Court Clerk & Master's office.
Parking and Access
Public parking is available around the Court Square and in designated lots near the courthouse. Security screening is required for entry into the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the decedent's personal property is valued at $50,000 or less, you may qualify for this simplified process.
- Non-Probate Transfers: Assets with named beneficiaries (like life insurance or retirement accounts) or held in joint tenancy with rights of survivorship pass directly to the beneficiary/co-owner.
- 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 to Probate Will (or for Administration) with the Carroll County Chancery Court. Include:
- Original Will (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (approximately $175.00 for full administration)
- Oath of Personal Representative
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 Carroll County, such as the Carroll County News-Leader, 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 if applicable for older estates, though largely repealed)
- Distribute assets to beneficiaries
- File a final accounting and petition to close the estate
Local Requirements
Carroll County-Specific Procedures
- Filing Location: Filings are made with the Chancery Court Clerk & Master at 99 Court Square, Huntingdon.
- Bond: A bond is generally required unless waived by the will or by all beneficiaries.
- Local Rules: Check with the Clerk & Master for any specific local forms or procedural quirks, as Carroll County may have specific preferences for how documents are presented.
- Publication: Notice to creditors must be published in a local newspaper like the Carroll County News-Leader.
Always verify the latest requirements directly with the Chancery Court Clerk & Master's office.
Timeline & Fees
Filing Fees (Carroll County)
- Full Administration (Opening Estate): approximately $175.00
- Small Estate Affidavit (Release of Administration): approximately $125.00
- Claim Against Estate: approximately $25.00
- Certified Copies: Fees vary (typically ~$5.00 + per page cost)
- Publication costs: Varies by newspaper (approx. $100-$200)
Note: Fees are subject to change. Contact the Clerk & Master for the most current fee schedule.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit/debit cards may be accepted with a processing fee.
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Tennessee is 4 months from the date of the first publication of notice, which sets a minimum duration for the process.
Local Resources
Carroll County Court Resources
- Court Website: carrollcountytn.gov
- Probate Self-Help: TN Administrative Office of the Courts
- Tennessee Probate Forms: TN Courts Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- West Tennessee Legal Services: (731) 423-0616 — wtls.org
Publication
- Carroll County News-Leader: (731) 986-2253 — Newspaper of general circulation for probate notices.