Overview
Lincoln County is located in Tennessee with a population of approximately 36,751. 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). The court then issues Letters Testamentary or Letters of Administration to the personal representative.
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 but requires a 45-day waiting period after 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 Lincoln 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
Lincoln County Chancery Court
Probate matters in Lincoln County are handled by the Clerk & Master at the Lincoln County Courthouse.
Address: 112 Main Avenue South, Room 101, Fayetteville, TN 37334
Phone: (931) 433-1482 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk & Master's office is located on the first floor of the courthouse. The Chancery Court has jurisdiction over probate matters in Lincoln County.
Parking and Access
Public parking is available around the courthouse square in downtown Fayetteville. The building 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 file a Small Estate Affidavit after a 45-day waiting period.
- 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 the appropriate petition with the Lincoln County 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 (contact the Clerk & Master for the current amount, typically ~$350-$450)
- 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 Lincoln County (typically the Elk Valley Times) for two consecutive weeks.
- Notify creditors directly if they are known or reasonably ascertainable.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the Chancellor 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 Statement in Lieu of Settlement or a formal Final Settlement to close the estate.
Local Requirements
Lincoln County-Specific Procedures
- Court: The Chancery Court exercises probate jurisdiction in Lincoln County.
- Bond: A bond is generally required for personal representatives unless waived by the will or by all beneficiaries/heirs.
- Publication: Notice to creditors is typically published in the Elk Valley Times.
- Local Rules: Check with the Clerk & Master for any specific local rules regarding the format of pleadings or scheduling of hearings.
Always verify the latest requirements directly with the Clerk & Master's office.
Timeline & Fees
Filing Fees (Lincoln County)
Note: Fees are subject to change. Contact the Clerk & Master at (931) 433-1482 for the most current schedule.
- Opening a Formal Estate: approximately $350.00 - $450.00
- Small Estate Affidavit: approximately $100.00 - $150.00
- Muniment of Title: approximately $350.00
- Publication costs: approximately $100.00 - $150.00 (payable to the newspaper)
- Certified copies: ~$5.00 per copy
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Some courts may accept credit cards with a processing fee; verify with the clerk.
Estimated Timelines
- Simple estates: 6-9 months (minimum 4-month creditor period).
- Average estates: 9-15 months.
- Complex or contested estates: 18 months to 2+ years.
The timeline is largely dictated by the 4-month creditor claim period and tax filing requirements.
Local Resources
Lincoln County Court Resources
- Clerk & Master: Lincoln County Government
- Administrative Office of the Courts: TN Courts
- Probate Forms: TN Court Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — Find an Attorney
- Legal Aid Society of Middle Tennessee: (931) 455-7000 — las.org
Publication
- Elk Valley Times: (931) 433-6151 — elkvalleytimes.com