Overview
Henry County is located in Tennessee with a population of approximately 32,883. The Chancery Court for Henry County 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 Probate of 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.
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 and no real property is involved.
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 Henry 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 for Henry County
Probate matters in Henry County are handled at the Henry County Courthouse.
Address: 101 W. Washington Street, Paris, TN 38242
Phone: (731) 642-4234 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk & Master oversees probate filings and docketing.
Parking and Access
Public parking is available around the courthouse square in downtown Paris. The building is accessible, with security screening required 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 consists only of personal property valued at $50,000 or less, you may file a Small Estate Affidavit 45 days after death.
- Muniment of Title: If the decedent left a will and the only asset is real estate, you may file to admit the will as 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 Probate with the Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approximately $284.00)
- Oath of Personal Representative
E-filing is not generally mandatory for pro se litigants but 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 Henry County (typically The Paris Post-Intelligencer) for two consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge or chancellor 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 (creditors have 4 months from 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 Tennessee inheritance tax return (if applicable, though largely phased out) and federal tax returns
- Distribute assets to beneficiaries
- File a Statement in Lieu of Final Accounting (if waived) or a formal accounting and petition to close the estate
Local Requirements
Henry County-Specific Procedures
- Local Court Rules: Henry County is part of the 24th Judicial District. Local rules may require specific forms for the inventory or waivers.
- Bond: A bond is generally required for personal representatives unless waived in the will or by all beneficiaries.
- Publication: Notice to creditors is routinely published in The Paris Post-Intelligencer.
- Hearings: Probate hearings are typically held on specific motion days; confirm the schedule with the Clerk & Master.
Always check with the Clerk & Master's office for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Henry County)
- Petition for Probate (Testate or Intestate): approximately $284.00
- Small Estate Affidavit: approximately $100.00 - $150.00 (varies by page count)
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100.00 - $150.00 (paid directly to the newspaper)
- Claim against Estate: approximately $11.00
Fees are subject to change. Contact the Clerk & Master at (731) 642-4234 for exact amounts.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 2-4 months
- Average formal probate: 6-12 months (minimum 4-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The timeline is heavily influenced by the 4-month creditor claim period and tax filing requirements.
Local Resources
Henry County Court Resources
- Court Website: henrycountychancerycourt.com
- Probate Forms: henrycountychancerycourt.com/forms/probate-forms
- Tennessee Administrative Office of the Courts: tncourts.gov
Legal Aid and Attorney Referrals
- Tennessee Bar Association Referral Service: tba.org
- West Tennessee Legal Services: (731) 423-0616 — Provides civil legal assistance to low-income individuals.
Publication
- The Paris Post-Intelligencer: (731) 642-1165 — parispi.net