Overview
Carter County is located in Tennessee with a population of approximately 56,410. The Carter 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 Letters Testamentary or 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 Small Estate Affidavit procedure for estates valued at $50,000 or less (excluding real estate). This process is faster and less expensive than full probate.
Tennessee does not have a statutory percentage fee for personal representatives or attorneys; fees must be "reasonable" and are subject to court approval.
This guide provides an informational overview of the Carter 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
Carter County Chancery Court
Probate matters in Carter County are handled at the Carter County Courthouse.
Address: 801 East Elk Avenue, Elizabethton, TN 37643
Phone: (423) 542-1812 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk & Master's office is located in the Carter County Courthouse. Probate matters are typically heard by the Chancellor.
Parking and Access
Public parking is available around the courthouse and in nearby municipal lots. Security screening is required for entry.
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.
- Muniment of Title: Used to transfer real estate when there is a valid will but no other assets requiring administration.
- 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 of Will with the Carter County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of Death Certificate
- List of heirs and beneficiaries
- Filing fee (approx. $300-$450)
- Bond (unless waived in will)
E-filing may not be available; check with the Clerk & Master.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Carter County for two consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge 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 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.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Carter County-Specific Procedures
- Local Rules: Consult the 1st Judicial District Local Rules for specific courtroom procedures.
- Bond: Required for personal representatives unless waived in the will or by all beneficiaries.
- Status Reports: The court may require annual status reports if the estate remains open.
- Publication: Notice must be published in a newspaper of general circulation in Carter County for two consecutive weeks.
Hearings are typically scheduled by the Clerk & Master.
Timeline & Fees
Filing Fees (Carter County)
- Petition for Letters Testamentary/Administration: approximately $350
- Small Estate Affidavit: approximately $150
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Claim filing fee: approximately $11
Tennessee does not set statutory fees; they must be reasonable.
Payment Methods
The court accepts cash, cashier's checks, or money orders. Credit cards may incur a processing fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The 4-month creditor period is mandatory.
Local Resources
Carter County Court Resources
- Court Website: cartercountytn.gov
- Probate Self-Help: Tennessee Administrative Office of the Courts - Self-Help Center
- Tennessee Probate Forms: Statewide Probate Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — Find a Lawyer service
- Legal Aid of East Tennessee: (423) 928-8311 — Free legal assistance for low-income residents
- State Bar Lawyer Referral: tba.org
Publication
- Elizabethton Star: (423) 542-4151 — Newspaper of general circulation for probate notices
- Johnson City Press: (423) 929-3111 — Regional newspaper serving the area