Overview
DeKalb County is located in Tennessee with a population of approximately 21,747. The 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 to Probate Will (for testate estates) or Petition for Letters of 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.
Tennessee offers a simplified procedure known as the Small Estate Affidavit for estates valued at $50,000 or less (excluding real property). 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 required by local practice.
This guide provides an informational overview of the DeKalb 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
DeKalb County Courthouse
Probate matters in DeKalb County are handled by the Chancery Court (Probate Division) located at the historic courthouse.
Address: 1 Public Square, Room 302, Smithville, TN 37166
Phone: (615) 597-4360 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk & Master's office is located on the third floor of the courthouse. The court handles the probate of wills and the administration of intestate estates.
Parking and Access
Public parking is available around the courthouse square. The building is accessible, with elevator access to the upper floors. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $50,000 or less (and no real estate is to be transferred via probate), you may qualify for this simplified process after a 45-day waiting period.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, IRAs) or held jointly with rights of survivorship 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 to Probate Will or Petition for Administration with the DeKalb County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of known heirs and beneficiaries
- Filing fee (typically paid by cash, check, or money order)
- Oath of Personal Representative
Step 3: Provide Notice
After filing and appointment, you must:
- Mail notice to all heirs and beneficiaries.
- Publish notice to creditors in a newspaper of general circulation in DeKalb County (typically the Smithville Review) for two consecutive weeks.
- The Clerk & Master often assists with coordinating the publication, but the cost is borne by the estate.
Step 4: Attend the Hearing
The court may schedule a hearing to validate the will and appoint the personal representative. If uncontested, this is often a routine appearance. Upon approval, the Clerk issues Letters Testamentary or Letters of Administration, granting legal authority to manage estate assets.
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 (unless waived by the will and all beneficiaries).
- Pay valid debts, funeral expenses, and taxes.
- File a TennCare Release form if the decedent was 55 or older.
- Distribute remaining assets to beneficiaries.
- File a Statement in Lieu of Settlement or a formal accounting to close the estate.
Local Requirements
DeKalb County-Specific Procedures
- Bond: A surety bond is generally required for administrators and executors unless explicitly waived in the will or by agreement of all beneficiaries.
- Local Forms: DeKalb County does not strictly mandate specific local forms but generally accepts standard Tennessee probate forms.
- Publication: Notice to creditors is routinely published in the Smithville Review.
- Hearings: Probate hearings are typically heard by the Chancellor or the Clerk & Master.
Always check with the Clerk & Master's office for the most current local rules regarding e-filing and document formatting.
Timeline & Fees
Filing Fees (DeKalb County)
Note: Fees are subject to change. Contact the Clerk & Master for the exact current schedule.
- Opening a Full Estate: approximately $350.00 - $450.00
- Small Estate Affidavit: approximately $100.00 - $150.00
- Publication Cost: approximately $100.00 - $150.00 (payable to the newspaper)
- Certified Copies: approximately $5.00 per copy
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Personal checks may be accepted from local attorneys. Credit cards may not be accepted or may incur a processing fee.
Estimated Timelines
- Small Estate: Can be settled relatively quickly after the 45-day waiting period.
- Simple Formal Estate: 6 to 9 months (minimum 4-month creditor period).
- Complex Estate: 12 months or longer, depending on asset sales and tax requirements.
Local Resources
DeKalb County Court Resources
- Court Website: DeKalb County Government
- Tennessee Administrative Office of the Courts: tncourts.gov
- Probate Forms: TN AOC Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee: (615) 244-6610 — las.org
Publication
- Smithville Review: (615) 597-5485 — herald-citizen.com/smithville