Overview
Fentress County is located in Tennessee with a population of approximately 20,129. The Fentress County Chancery Court (via the Clerk and Master) 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 (for testate estates) or a 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.
Small Estate Affidavit: Tennessee offers a simplified probate process for estates valued at $50,000 or less (excluding real estate). This process, known as the Small Estate Affidavit, allows for the transfer of assets without full probate administration after a 45-day waiting period.
Fees: Tennessee law sets standard court costs, but counties may add specific litigation taxes. Executors and attorneys are entitled to reasonable compensation, which is subject to court approval if not specified in the will.
This guide provides an informational overview of the Fentress 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
Fentress County Clerk and Master
Probate matters in Fentress County are handled at the Fentress County Justice Center.
Address: 140 Justice Center Drive, Suite 110, Jamestown, TN 38556
Phone: (931) 879-8615 (Clerk and Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM (contact office to confirm)
The Clerk and Master's office is located in the Justice Center. The Chancery Court generally exercises jurisdiction over probate matters in Fentress County.
Parking and Access
Free parking is available at the Justice Center. The building is accessible to the public during business hours, with security screening at the entrance.
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 qualify for a simplified process using a Small Estate Affidavit (T.C.A. § 30-4-101).
- 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 Petition for Letters of Administration with the Fentress County Clerk and Master. Include:
- Original Will and codicils (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries with addresses
- 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 of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Fentress County (such as the Fentress County Today) for two consecutive weeks.
- Notify creditors directly if they are known or reasonably should be known.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition. If the will is self-proving (contains a specific affidavit signed by witnesses), the judge may admit it to probate without witness testimony. Upon approval, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify the Bureau of TennCare (if the decedent was 55 or older).
- Inventory and appraise all estate assets within 60 days (unless waived by the will and all beneficiaries).
- Pay valid creditor claims (creditors have 4 months from the first publication of notice to file claims).
- File federal and state tax returns as needed (including the TN inheritance tax return for deaths prior to 2016; mostly repealed now but check specific dates).
- Distribute assets to beneficiaries.
- File a final accounting (or a sworn statement in lieu of accounting if waived) and petition to close the estate.
Local Requirements
Fentress County-Specific Procedures
- Court Jurisdiction: Probate is handled by the Chancery Court (Clerk and Master) in Fentress County.
- Bond: A bond is typically required for the personal representative unless waived by the will or by all beneficiaries/heirs.
- Publication: Notice to creditors must be published in a local newspaper, typically the Fentress County Today.
- Local Rules: Always check with the Clerk and Master for any specific local forms or standing orders that may apply to probate filings.
Timeline & Fees
Filing Fees (Fentress County)
Note: Fees are subject to change. Contact the Clerk and Master at (931) 879-8615 for the most current schedule.
- Opening a Formal Estate: approximately $300 - $400
- Small Estate Affidavit: approximately $150 - $250
- Certified copies of Letters: approximately $5 - $10 per copy
- Publication costs: approximately $100 - $200 (paid directly to the newspaper)
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Personal checks may be accepted from local attorneys. Credit card payments may be available but often incur a convenience fee.
Estimated Timelines
- Simple estates: 6-9 months (minimum 4-month creditor period).
- Average estates: 9-15 months.
- Complex or contested estates: 18 months to 2+ years.
The timeline is largely dictated by the 4-month creditor claim period which begins after the first publication of notice.
Local Resources
Fentress County Court Resources
- Clerk and Master Website: fentresscountytn.gov/clerk-and-master
- County Clerk Website: fentresscountytn.gov/county-clerk
- Tennessee State Courts (Forms): tncourts.gov
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee: (931) 528-7436 — las.org
Publication
- Fentress County Today: (931) 879-4040 — fentresscountytoday.com