Overview
Greene County is located in Tennessee with a population of approximately 73,398. The 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. The process begins with filing a Petition for Letters of Administration or Letters Testamentary 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 probate process for small 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.
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 the will does not specify otherwise.
This guide provides an informational overview of the Greene 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
Chancery Court & Probate Division
Probate matters in Greene County are handled at the Greene County Courthouse.
Address: 101 S Main St, Greeneville, TN 37743
Phone: (423) 798-1742 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk & Master's Office is located in the courthouse and handles filings for the Chancery Court, which has probate jurisdiction in Greene County.
Parking and Access
Public parking is available in lots near the courthouse and along the surrounding streets in downtown Greeneville. Visitors should check for time limits on street parking.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $50,000 or less (excluding real property), you may qualify for this simplified process after a 45-day waiting period.
- Non-Probate Transfers: Assets with named beneficiaries (life insurance, retirement accounts) or held in joint tenancy with rights of survivorship pass directly to the co-owner or beneficiary.
- 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 of Administration (if no will) or Letters Testamentary (if there is a will) with the 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 due at filing)
- Oath of Personal Representative
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 Greene County (e.g., The Greeneville Sun) 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 (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 if applicable for older estates, though largely repealed)
- Distribute assets to beneficiaries
- File a final accounting (unless waived) and petition to close the estate
Local Requirements
Greene County-Specific Procedures
- Court Jurisdiction: In Greene County, the Chancery Court typically exercises probate jurisdiction.
- Bond: A bond is generally required for personal representatives unless waived by the will or by all beneficiaries/heirs.
- Publication: Notice to creditors must be published in a local newspaper, such as The Greeneville Sun.
- Local Rules: Check with the Clerk & Master for any specific local rules regarding the format of pleadings or scheduling of hearings.
Timeline & Fees
Filing Fees (Greene County)
Note: Fees are subject to change. Contact the Clerk & Master's office for the most current schedule.
- Opening a Formal Estate: approximately $418.50 - $500.00
- Small Estate Affidavit: approximately $229.50
- Publication costs: approximately $100 - $200 (paid directly to the newspaper)
- Certified copies: approximately $5.00 per copy
Payment Methods
The court typically accepts cash, checks, money orders, and credit/debit cards (often with 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 heavily influenced by the 4-month creditor claim period and the time required to liquidate assets and resolve any tax liabilities.
Local Resources
Greene County Court Resources
- Court Website: greenecountytngov.com
- Probate Self-Help: TN Courts Self-Help
- Tennessee Probate Forms: TN Administrative Office of the Courts
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid of East Tennessee: (423) 587-4850 — laet.org
Publication
- The Greeneville Sun: (423) 638-4181 — greenevillesun.com