Overview
Marshall County is located in Tennessee with a population of approximately 36,000. The Marshall 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 (or Petition for Letters of Administration) 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 known as the Small Estate Affidavit for estates valued at $50,000 or less (excluding real property). This process allows for the transfer of assets without full probate administration after a 45-day waiting period.
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 Marshall 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
Marshall County Chancery Court
Probate matters in Marshall County are handled at the Marshall County Courthouse.
Address: 201 Marshall County Courthouse, Lewisburg, TN 37091
Phone: (931) 359-2181 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk & Master's office is located within the historic courthouse in downtown Lewisburg. The Chancery Court has jurisdiction over probate matters in Marshall County.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Visitors should be prepared for security screening upon entering the courthouse building.
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 will exists (or the will is not being probated), you may file a Small Estate Affidavit after 45 days.
- Muniment of Title: If the only asset is real estate and there are no debts, you may file to admit the will as Muniment of Title only.
- 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 Marshall County Chancery Court. Include:
- Original Will (if applicable)
- Certified copy of the Death Certificate
- List of interested parties (heirs and beneficiaries)
- Filing fee (approximately $418.50, varies by specific filing)
- Oath of Personal Representative
E-filing is not generally mandatory for pro se litigants in Marshall County; check with the Clerk & Master for current digital submission options.
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 Marshall County (e.g., Marshall County Tribune) 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.
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)
- Distribute assets to beneficiaries
- File a final accounting and petition to close the estate
Local Requirements
Marshall County-Specific Procedures
- Clerk & Master: The Clerk & Master serves as the probate clerk. All filings should be directed to this office.
- Bond: A bond is generally required for personal representatives unless waived by the will or by all beneficiaries/heirs.
- Local Rules: Marshall County is part of the 17th Judicial District. Local rules may apply regarding scheduling and motion practice.
- Publication: Notice to creditors is typically published in the Marshall County Tribune.
Always contact the Clerk & Master's office at (931) 359-2181 to confirm specific local forms and current fee schedules before filing.
Timeline & Fees
Filing Fees (Marshall County)
- Petition to Open Estate: approximately $418.50
- Small Estate Affidavit: approximately $229.50
- Muniment of Title: approximately $350.00
- Certified copies: approximately $5.00 per copy
- Publication costs: approximately $100-$150 (paid directly to newspaper or via clerk)
Note: Fees are estimates based on regional averages and subject to change. Contact the Clerk & Master for the exact current fee schedule.
Payment Methods
The court accepts cash, cashier's checks, and money orders. Personal checks may not be accepted from pro se litigants; 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 the time required to liquidate assets and resolve tax matters.
Local Resources
Marshall County Court Resources
- Court Website: marshallcountytn.gov
- Probate Self-Help: TN Administrative Office of the Courts
- TN Probate Forms: TN Courts Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee: (931) 381-5533 — las.org
- TN Free Legal Answers: tn.freelegalanswers.org
Publication
- Marshall County Tribune: (931) 359-1188 — marshalltribune.com