Overview
Lewis County is located in Tennessee with a population of approximately 12,582. The Lewis County Chancery Court (via the Clerk & Master) 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 Petition for Letters of Administration (for intestate estates) to admit the will and appoint a personal representative. The court then issues Letters Testamentary or Letters of Administration.
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 requested.
This guide provides an informational overview of the Lewis 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
Lewis County Chancery Court
Probate matters in Lewis County are handled at the Lewis County Justice Center.
Address: 29 W Main St, Hohenwald, TN 38462
Phone: (931) 796-3734 (Clerk & Master)
Hours: Monday through Friday, 7:30 AM to 4:00 PM
The Clerk & Master's office is responsible for maintaining all probate records and dockets.
Parking and Access
Public parking is available at the Justice Center. The building is accessible to the public during standard business hours.
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 45 days have passed since death, you may qualify for this simplified process.
- Survivorship Assets: Assets held as "Tenants by the Entirety" or with "Rights of Survivorship" pass automatically to the co-owner.
- 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 Lewis County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of known heirs and beneficiaries
- Filing fee (typically paid 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 Lewis County (e.g., Lewis County Herald) 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, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (the creditor claim period is generally 4 months from 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 returns for older estates, though this tax has been abolished for recent deaths)
- Distribute assets to beneficiaries
- File a Statement in Lieu of Final Accounting (if waived) or a formal accounting to close the estate
Local Requirements
Lewis County-Specific Procedures
- Clerk & Master: In Lewis County, the Clerk & Master serves as the probate clerk.
- 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 Lewis County Herald.
- Local Rules: Always check with the Clerk & Master for specific local forms or standing orders that may apply to your case.
Timeline & Fees
Filing Fees (Lewis County)
Note: Fees are subject to change. Contact the Clerk & Master at (931) 796-3734 to confirm exact amounts.
- Opening a Full Estate: approximately $350.00 - $420.00
- Small Estate Affidavit: approximately $100.00 - $150.00
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100.00 - $200.00 (paid directly to the newspaper)
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Personal checks may not be accepted; verify with the clerk.
Estimated Timelines
- Small Estate: 2-4 months (after 45-day waiting period)
- Simple estates (uncontested): 6-9 months (minimum 4-month creditor period)
- Complex or contested estates: 12 months to 2+ years
Local Resources
Lewis County Court Resources
- Clerk & Master: Lewis County Government
- Probate Self-Help: TN Administrative Office of the Courts
- State Probate Forms: TN AOC Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — Find an Attorney
- Legal Aid Society of Middle Tennessee: (931) 381-5533 — las.org
Publication
- Lewis County Herald: (931) 796-3151 — lewisherald.com