Overview
Henderson County is located in Tennessee with a population of approximately 27,842. The Henderson County 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 Title 30 of the Tennessee Code. 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 personal property in the estate does not exceed $50,000.
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 Henderson 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
Henderson County Chancery Court
Probate matters in Henderson County are handled at the Henderson County Courthouse.
Address: 17 Monroe Street, 2nd Floor, Room 2, Lexington, TN 38351
Phone: (731) 968-2801 (Clerk and Master)
Clerk and Master: Leigh Milam
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Chancery Court Clerk and Master's office is located on the second floor of the courthouse. This office accepts filings for probate, guardianships, and conservatorships.
Parking and Access
Public parking is available around the courthouse square in downtown Lexington. The building is accessible, but visitors may need to use a specific entrance for elevator access if required. Security screening may be in place 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 decedent's personal property is valued at $50,000 or less, you may file a Small Estate Affidavit 45 days after death.
- Muniment of Title: If the only asset is real estate and there are no debts, you may file a Petition for Muniment of Title to transfer the property without full administration.
- 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 Henderson County Chancery Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- List of heirs and beneficiaries
- Filing fee (approximately $395)
- Oath of Personal Representative
E-filing is not generally mandatory for pro se litigants in Henderson County, but check with the Clerk and Master for current electronic filing 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 Henderson County, such as The Lexington Progress, 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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (the creditor claim period is 4 months from the date of first publication)
- 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 Statement in Lieu of Settlement or a detailed accounting to close the estate
Local Requirements
Henderson County-Specific Procedures
- Local Rules: Henderson County Chancery Court may have specific local rules regarding the format of pleadings and setting hearings. Contact the Clerk and Master for the most recent local rules.
- Bond: A bond is typically required for personal representatives unless waived by the will or by all beneficiaries/heirs.
- Publication: Notice to creditors must be published in The Lexington Progress. The clerk's office often assists with coordinating this publication upon filing.
Always check with the Clerk and Master's office for any specific forms or procedural quirks unique to Henderson County.
Timeline & Fees
Filing Fees (Henderson County)
- Opening an Estate (Probate): approximately $395.00
- Small Estate Affidavit: approximately $100.00 - $150.00
- Muniment of Title: approximately $325.00
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: typically included in the initial filing fee or billed separately by the newspaper (~$100-$150)
Note: Fees are subject to change. Contact the Clerk and Master at (731) 968-2801 for the exact current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Some courts may accept credit cards with a processing fee; verify with the clerk before visiting.
Estimated Timelines
- Simple estates: 6-9 months (minimum 4 months for creditor claims)
- 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 and the time required to liquidate assets and resolve tax matters.
Local Resources
Henderson County Court Resources
- Court Website: Henderson County Chancery Court
- Probate Self-Help: TN Self-Help Center
- State Probate Forms: TN Court Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — Find an Attorney
- West Tennessee Legal Services: (731) 423-0616 — Provides legal assistance to low-income individuals.
Publication
- The Lexington Progress: (731) 968-2516 — Newspaper of general circulation for probate notices.