Overview
Chester County is located in Tennessee with a population of approximately 17,876. The Chester 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 known as the Small Estate Affidavit for estates valued at $50,000 or less (excluding real property). This process allows for the transfer of assets without full probate administration after a 45-day waiting period.
Tennessee does not have a statutory fee schedule for attorneys or executors; fees must be reasonable and are subject to court approval if contested.
This guide provides an informational overview of the Chester 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
Chester County Chancery Court
Probate matters in Chester County are handled at the Chester County Justice Center.
Address: 333 Eric Bell Drive, Suite C, Henderson, TN 38340
Phone: (731) 989-7171 (Clerk & Master)
Fax: (731) 989-7176
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Chancery Court Clerk & Master's office is located in Suite C of the Justice Center. This office oversees the filing of all probate petitions, small estate affidavits, and estate administration documents.
Parking and Access
Free public parking is available in the lot in front of the Chester County Justice Center. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate (excluding real property) is valued at $50,000 or less, you may file a Small Estate Affidavit after 45 days have passed since the date of death.
- Survivorship Assets: Assets held as "joint tenants with right of survivorship" or "tenants by the entirety" pass automatically to the surviving 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 Petition for Letters of Administration with the Chester 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 (payable to Clerk & Master)
- Oath of Personal Representative
E-filing is not generally available for initial probate pleadings in Chester County; documents should be filed in person or by mail.
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 Chester County, such as the Chester County Independent, 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 (the clerk typically handles the publication, but the representative must ensure actual notice to known creditors).
- Inventory and appraise all estate assets within 60 days (unless waived by the will and all beneficiaries).
- Pay valid creditor claims after the 4-month claim period expires.
- File federal and state tax returns as needed (including the TN inheritance tax return if applicable for older estates, though largely repealed).
- Distribute assets to beneficiaries.
- File a Statement in Lieu of Final Accounting (if all beneficiaries agree) or a formal accounting and petition to close the estate.
Local Requirements
Chester County-Specific Procedures
- Bond: A surety bond is generally required unless waived by the will or by agreement of all heirs/beneficiaries.
- Local Rules: The 26th Judicial District (including Chester County) may have specific local rules regarding fiduciary appointments; check with the Clerk & Master.
- Publication: Notice to creditors is typically published in the Chester County Independent. The clerk's office often assists with coordinating this publication upon filing.
Always contact the Clerk & Master's office to confirm the specific number of copies required for filing.
Timeline & Fees
Filing Fees (Chester County)
- Petition to Probate Will / Administration: approximately $350-$450 (varies by specific filings)
- Small Estate Affidavit: approximately $100-$150
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $100-$150 (payable to the newspaper)
- Claims/Exceptions: approximately $30
Fees are subject to change. Contact the Clerk & Master at (731) 989-7171 for the exact current amounts.
Payment Methods
The court 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
- 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
Chester County Court Resources
- Court Website: chestercountytn.org
- 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
- Chester County Independent: (731) 989-4624 — chestercountyindependent.com