Overview
Johnson County is located in Tennessee with a population of approximately 18,506. The 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 (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.
For smaller estates, Tennessee offers a simplified procedure known as the Small Estate Affidavit for estates valued at $50,000 or less (excluding real property). This process is faster and less expensive than 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 required by local practice.
This guide provides an informational overview of the Johnson 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
Johnson County Chancery Court
Probate matters in Johnson County are handled at the Johnson County Courthouse.
Address: 222 West Main Street, Mountain City, TN 37683
Phone: (423) 727-7853 (Clerk and Master)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Clerk and Master's office is responsible for maintaining probate records and assisting with the administrative aspects of probate filings.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The courthouse is accessible to persons with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate (excluding real property) is valued at $50,000 or less, you may qualify for this simplified process.
- Non-Probate Transfers: Assets with named beneficiaries (like life insurance, IRAs) or held in joint tenancy with right 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 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 (typically payable by cash, check, or money order)
- 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 Johnson County (typically The Tomahawk) 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 on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from the first publication of notice 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 the TN inheritance tax return if applicable for older estates, though largely repealed for recent deaths)
- Distribute assets to beneficiaries
- File a final accounting (unless waived) and petition to close the estate
Local Requirements
Johnson County-Specific Procedures
- Filing Location: All probate documents are filed with the Clerk and Master at the Johnson County Courthouse.
- Bond: A bond is generally required for the personal representative unless waived in the will or by all beneficiaries/heirs.
- Publication: Notice to creditors must be published in The Tomahawk. The Clerk's office often assists in coordinating this publication upon filing.
- Local Forms: While some forms may be available at the Clerk's office, it is recommended to draft petitions in accordance with Tennessee law or use forms approved by the Administrative Office of the Courts.
Timeline & Fees
Filing Fees (Johnson County)
Note: Fees are subject to change. Contact the Clerk and Master for the most current schedule.
- Opening a Full Estate: approximately $350 - $450 (varies based on specific filings)
- Small Estate Affidavit: approximately $150 - $250
- Publication costs: approximately $100 - $150 (payable to the newspaper)
- Certified copies of Letters: approximately $5 - $10 per copy
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Personal checks may be accepted from local attorneys. Credit cards may not be accepted or may incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years or more
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
Johnson County Court Resources
- Clerk & Master Website: johnsoncountytnchancerycourt.info
- 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 of East Tennessee: (423) 928-8311 — laet.org
Publication
- The Tomahawk: (423) 727-6121 — thetomahawk.com