Overview
Knox County is located in Tennessee with a population of approximately 506,748. The Knox County 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 Annotated. 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 procedure for small estates valued at $50,000 or less (excluding real property). This process involves filing a Small Estate Affidavit after a 45-day waiting period following the decedent's death.
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 Knox 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
Knox County Chancery Court, Probate Division
Probate matters in Knox County are handled at the City County Building.
Address: 400 Main Street, Suite 352, Knoxville, TN 37902
Phone: (865) 215-2389 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is a specialized division within the Chancery Court. It is located in downtown Knoxville in the City County Building, which houses various government offices.
Parking and Access
Public parking is available at the Dwight Kessel Parking Garage located at 900 State Street, which is a short walk to the City County Building. There is also limited street parking and other paid lots nearby. Visitors must pass through security screening upon entering the courthouse.
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 estate) and no petition for appointment of a personal representative has been filed, you may file a Small Estate Affidavit after 45 days.
- Muniment of Title: If the decedent left a will and the only asset is real estate (or no other administration is needed), you may file to admit the will as Muniment of Title to transfer property.
- 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 (intestate) or Letters Testamentary (testate) with the Knox County Chancery Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- List of heirs and beneficiaries
- Filing fee (approximately $418.50)
- Oath of Personal Representative
E-filing may be available for attorneys; pro se litigants typically file in person or by mail.
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 Knox County (e.g., The Knoxville Focus or Knoxville News Sentinel) 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 (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 return if applicable for older estates, though largely repealed for recent deaths)
- Distribute assets to beneficiaries
- File a Statement in Lieu of Final Accounting (if waived) or a formal Final Accounting and petition to close the estate
Local Requirements
Knox County-Specific Procedures
- Local Rules: The court operates under the Local Rules of Practice for the Chancery Court of Knox County. Rule 10 specifically addresses probate matters.
- Bond: Bond is generally required unless waived by the will or by all beneficiaries/heirs.
- Publication: Notice to creditors is typically published in The Knoxville Focus or Knoxville News Sentinel.
- Hearings: Probate hearings are generally held on specific days; check with the Clerk and Master's office for the current docket schedule.
Always check with the Clerk and Master's office for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Knox County)
- Opening an Estate (Petition for Letters): approximately $418.50
- Small Estate Affidavit: approximately $229.50
- Muniment of Title: approximately $418.50
- Certified copies of Letters: approximately $6.00 per copy
- Publication costs: approximately $150-$250 depending on the newspaper
- Claims/Exceptions: Fees vary for filing claims or exceptions to claims
Note: New fee schedules became effective January 1, 2026. Contact the Clerk and Master's office for the exact current fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
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, which sets a minimum timeline for closing the estate.
Local Resources
Knox County Court Resources
- Court Website: Knox County Chancery Court
- Probate Forms: Knox County Chancery Court Forms
- Tennessee Court Forms: TN Administrative Office of the Courts
Legal Aid and Attorney Referrals
- Knoxville Bar Association: (865) 522-6522 — Lawyer Referral Service
- Legal Aid of East Tennessee: (865) 637-0484 — Civil legal assistance for low-income residents
- Tennessee Bar Association: tba.org
Publication
- The Knoxville Focus: (865) 686-9970 — Common for legal notices
- Knoxville News Sentinel: (865) 342-6510 — Major daily newspaper