Overview
Davidson County is located in Tennessee with a population of approximately 730,000. The Davidson County Probate Court (a division of the Circuit 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 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 Small Estate Affidavit procedure for estates consisting solely of personal property valued at $50,000 or less. This process can be initiated 45 days after death.
Filing fees in Davidson County are subject to change; as of January 1, 2026, the base filing fee for most petitions is approximately $334.50. Tennessee does not have a statutory fee schedule for attorneys or executors; fees must be reasonable and are subject to court approval.
This guide provides an informational overview of the Davidson 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
Davidson County Probate Court
Probate matters in Davidson County are handled at the Historic Metro Courthouse.
Address: 1 Public Square, Suite 302, Nashville, TN 37201
Phone: (615) 862-5980 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the Circuit Court Clerk's office, located in downtown Nashville.
Parking and Access
Public parking is available at the Public Square Garage (underground) and nearby surface lots. Security screening is required for entry into the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists only of personal property 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 are no debts to pay and no other assets to administer.
- 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 Davidson County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified Copy of Death Certificate
- List of heirs and beneficiaries
- Filing fee (approximately $334.50)
- Bond (unless waived by the will or beneficiaries)
E-filing is mandatory for attorneys in Davidson County; pro se litigants may file in person.
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 Davidson County (e.g., The Tennessean or Nashville Ledger) 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 (4-month creditor claim period)
- 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
Davidson County-Specific Procedures
- E-Filing: Mandatory for attorneys via the court's e-filing system.
- Bond requirements: Bond is generally required unless waived by the will or by agreement of all beneficiaries.
- Local court rules: Consult Local Rule 5A of the Seventh Circuit Court for specific probate procedures.
- Publication: Notice must be published in a newspaper of general circulation in Davidson County for two consecutive weeks.
The court requires a sworn statement that notice has been sent to all beneficiaries and heirs.
Timeline & Fees
Filing Fees (Davidson County)
- Petition to Probate Will / Administration: approximately $334.50
- Small Estate Petition: approximately $334.50
- Certified copies of Letters: approximately $6.00 per certified copy
- Publication costs: approximately $45-$93 depending on the newspaper
- State/County Litigation Taxes: often included in the base filing fee
Tennessee does not have a statutory fee schedule for attorneys or executors; fees are determined based on reasonableness.
Payment Methods
The court accepts cash, credit cards, cashier's checks, or money orders. A convenience fee applies to credit card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Factors affecting the timeline include the mandatory 4-month creditor claim period and the time required to obtain tax releases.
Local Resources
Davidson County Court Resources
- Court Website: circuitclerk.nashville.gov
- Probate Self-Help: Probate Resources
- Tennessee Probate Forms: Probate Forms
Legal Aid and Attorney Referrals
- Nashville Bar Association: (615) 242-9272 — Lawyer Referral Service
- Legal Aid Society of Middle Tennessee: (615) 244-6610 — Civil legal assistance
- State Bar Lawyer Referral: tba.org
Publication
- The Tennessean: (615) 259-8000 — Major daily newspaper
- Nashville Ledger: (615) 254-5522 — Legal and business news