Overview
Humphreys County is located in Tennessee with a population of approximately 19,000. The Humphreys 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 Annotated. The process begins with filing a Petition for Probate of Will and Granting of Letters Testamentary (if there is a will) or a 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.
Small Estate Affidavit: Tennessee offers a simplified procedure for estates valued at $50,000 or less (excluding real estate). This process, known as the Small Estate Affidavit, allows for the transfer of personal property without full probate administration after a 45-day waiting period.
Fees: Tennessee law may allow for reasonable attorney fees and executor compensation, which are subject to court approval. There is no statutory percentage for executor fees; they must be "reasonable" based on the services rendered.
This guide provides an informational overview of the Humphreys 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
Humphreys County Chancery Court
Probate matters in Humphreys County are handled at the Humphreys County Courthouse.
Mailing Address: 100 North Court Square, Room 202, Waverly, TN 37185
Physical Office Location: Room 1, Rawlings Building, 102 Thompson Street, Waverly, TN 37185
Phone: (931) 296-2558 (Clerk & Master's Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk & Master, currently Mike Bullion, serves as the probate clerk. The physical office is located in Room 1 of the Rawlings Building on Thompson Street in downtown Waverly.
Parking and Access
Public parking is available around the Court Square and on adjacent streets. The courthouse is accessible to the public during business hours, 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 after 45 days have passed since the death.
- Non-Probate Transfers: Assets with named beneficiaries (life insurance, IRAs) 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 Probate with the Humphreys County Chancery Court. Include:
- Original Will and codicils (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approximately $418.50)
- 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 Humphreys County, such as The News-Democrat, for two consecutive weeks.
- Notify creditors directly if they are known or reasonably should be known.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge or Clerk & Master 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 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 date of first publication to file claims)
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting (unless waived) and petition to close the estate
Local Requirements
Humphreys County-Specific Procedures
- Clerk & Master: The Clerk & Master handles many probate functions in Chancery Court. It is advisable to call the office to confirm specific filing requirements or hearing schedules.
- Bond: A bond is typically required for the personal representative unless waived by the will or by all beneficiaries/heirs.
- Local Rules: Be sure to check with the Clerk for any specific local rules regarding the format of pleadings or scheduling of hearings.
- Publication: Notice to creditors is typically published in The News-Democrat.
The court requires all petitions to be verified (sworn to) by the petitioner.
Timeline & Fees
Filing Fees (Humphreys County)
- Opening a Full Estate: approximately $418.50
- Small Estate Affidavit: approximately $229.50
- Certified copies of Letters: approximately $5.00 - $6.00 per copy
- Publication costs: approximately $100 - $150 (paid directly to the newspaper)
- Claims/Exceptions: Fees vary for filing claims against the estate or exceptions to claims.
Note: Fees are subject to change. Contact the Clerk & Master's office for the most current fee schedule.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit/debit cards may be accepted with a processing fee; verify with the clerk before visiting.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 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 generally cannot be closed until this period has expired and all claims are resolved.
Local Resources
Humphreys County Court Resources
- Clerk & Master Website: humphreystn.com/clerk_and_master.html
- Tennessee Administrative Office of the Courts: tncourts.gov
- Tennessee Probate Forms: tncourts.gov/court-forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee: (800) 238-1443 — las.org
Publication
- The News-Democrat: (931) 296-2424 — Newspaper of general circulation in Waverly and Humphreys County.