Overview
Giles County is located in Tennessee with a population of approximately 30,971. The Giles County Chancery Court (Probate Division) 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 for Letters Testamentary (if there is a will) or Petition for Letters of Administration (if there is no will) 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 for small estates known as the Small Estate Affidavit. This is available if the value of the decedent's personal property does not exceed $50,000 (excluding real estate). This process is faster and less expensive than full probate administration.
Tennessee does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate. Instead, fees must be "reasonable" and are subject to court approval if contested or if the will does not specify otherwise.
This guide provides an informational overview of the Giles 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
Giles County Chancery Court
Probate matters in Giles County are handled by the Clerk & Master at the Giles County Courthouse.
Address: 1 Public Square, Pulaski, TN 38478
Phone: (931) 363-2620 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk & Master's office serves as the administrative hub for probate filings. While hearings may take place in the main courtroom, all initial filings and document processing occur at the Clerk & Master's office.
Parking and Access
Public parking is available around the courthouse square. The building is accessible to the public during standard business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the decedent's personal property is valued at $50,000 or less (excluding real property), you may file a Small Estate Affidavit 45 days after death.
- Non-Probate Transfers: Assets with named beneficiaries (life insurance, IRAs) or held in joint tenancy 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 for Letters Testamentary or Petition for Letters of Administration with the Giles County Chancery Court. Include:
- Original Will and Codicils (if applicable)
- Certified copy of the Death Certificate
- List of known heirs and beneficiaries
- Filing fee (approximately $350–$450)
- Oath of Personal Representative
E-filing is not mandatory for all filers; check with the Clerk & Master for current digital submission options.
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 Giles County, such as the Pulaski Citizen, for two consecutive weeks.
- The Clerk & Master typically assists with coordinating the publication upon filing.
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 (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 creditor claims and estate expenses
- File federal and state tax returns as needed (including TN inheritance tax returns for applicable years, though largely repealed for recent deaths)
- Distribute assets to beneficiaries
- File a final accounting (unless waived) and petition to close the estate
Local Requirements
Giles County-Specific Procedures
- Filing Location: All probate documents are filed with the Clerk & Master's office.
- Bond Requirements: A bond is generally required for personal representatives unless waived by the will or by all beneficiaries/heirs.
- Local Rules: The 22nd Judicial District (which includes Giles County) may have specific local rules regarding courtroom conduct and scheduling.
- Publication: Notice to creditors is routinely published in the Pulaski Citizen.
Always verify specific local forms and procedural quirks with the Clerk & Master's office before filing.
Timeline & Fees
Filing Fees (Giles County)
- Petition to Open Estate: approximately $350–$450 (often includes publication costs)
- Small Estate Affidavit: approximately $100–$150
- Certified copies of Letters: approximately $5–$10 per copy
- Publication costs: Typically included in the initial filing fee, but verify with the clerk.
Note: Fees are subject to change. Contact the Clerk & Master at (931) 363-2620 for the most current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Some offices may accept credit cards with a processing fee; personal checks may be accepted from local attorneys.
Estimated Timelines
- Simple estates: 6–12 months
- Average estates: 9–18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Tennessee is 4 months from the date of the first publication of notice to creditors. The estate cannot be closed until this period expires and all claims are resolved.
Local Resources
Giles County Court Resources
- Court Website: gilescountytn.gov
- 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
- Legal Aid Society of Middle Tennessee: (931) 381-5533 — las.org
Publication
- Pulaski Citizen: (931) 363-3544 — mainstreetmediatn.com/pulaski-citizen