Overview
McNairy County is located in Tennessee with a population of approximately 26,103. The McNairy 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 (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 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 requires a 45-day waiting period after death before filing.
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 McNairy 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
McNairy County Chancery Court
Probate matters in McNairy County are handled at the McNairy County Courthouse.
Address: 170 W Court Ave, Room 205, Selmer, TN 38375
Phone: (731) 645-5446 (Clerk and Master)
Hours: Monday, Tuesday, Thursday, Friday 8:00 AM to 4:30 PM; Saturday 8:00 AM to 12:00 PM (Wednesday hours not listed; contact the office to confirm)
The Chancery Court Clerk and Master (Kim Boals) oversees probate filings. The office is located on the second floor of the courthouse in downtown Selmer. The Honorable William C. Cole serves as Chancellor.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The building is accessible, with security screening required at the entrance.
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 formal administration has been filed, you may file a Small Estate Affidavit after a 45-day waiting period.
- Survivorship Assets: Assets held as "tenants by the entirety" or with "rights of survivorship" pass automatically to the surviving 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 McNairy 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 (approximately $350-$450)
- Oath of Personal Representative
E-filing may be available; check with the Clerk and Master's office for current protocols.
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 McNairy County (such as the McNairy County News or Independent Appeal) for two consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge (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 (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 the TN inheritance tax return if applicable for older estates, though largely repealed for recent deaths)
- Distribute assets to beneficiaries
- File a final accounting and petition to close the estate
Local Requirements
McNairy County-Specific Procedures
- Clerk and Master: The Clerk and Master acts as the probate clerk in Chancery Court.
- Bond: A bond is generally required unless waived by the will or by agreement of all beneficiaries.
- Local Rules: The 25th Judicial District (which includes McNairy) may have specific local rules regarding court appearances and filing formats.
- Publication: Notice to creditors must be published in a local newspaper like the McNairy County News or Independent Appeal.
Always contact the Clerk and Master's office at (731) 645-5446 to confirm specific local forms and fee amounts before filing.
Timeline & Fees
Filing Fees (McNairy County)
- Petition to Open Estate: approximately $350-$450 (fees vary by specific case type and service requirements)
- Small Estate Affidavit: approximately $100-$150
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $100-$200 (paid directly to the newspaper)
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a processing fee; confirm with the clerk.
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, which sets a minimum timeline for closing the estate.
Local Resources
McNairy County Court Resources
- Court Website: mcnairycountytn.org
- Probate Self-Help: TN Administrative Office of the Courts
- Tennessee Probate Forms: TN AOC Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- West Tennessee Legal Services: (731) 423-0616 — wtls.org
- TN Free Legal Answers: tn.freelegalanswers.org
Publication
- McNairy County News: (731) 645-5346 — mcnairycountynews.com
- Independent Appeal: (731) 645-5346 — Facebook