Overview
Montgomery County is located in Tennessee with a population of approximately 246,025. The 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 Probate of Will and Granting of Letters Testamentary (or 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 for small estates known as the Small Estate Affidavit (or Limited Letters of Administration) 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 contested or if the will does not specify otherwise.
This guide provides an informational overview of the Montgomery 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
Chancery Court (Probate Division)
Probate matters in Montgomery County are handled at the Montgomery County Courts Complex.
Address: 2 Millennium Plaza, Suite 101, Clarksville, TN 37040
Phone: (931) 648-5703 (Clerk and Master)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Clerk and Master's office manages probate filings. The court is located in downtown Clarksville near the historic courthouse.
Parking and Access
Public parking is available in the lots surrounding the Courts Complex and on nearby streets. Security screening is required for entry into the building; cell phones may be restricted or require silencing.
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 for Limited Letters of Authority after a 45-day waiting period.
- Survivorship Assets: Assets held as "Tenants by the Entirety" or with "Right 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 Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (fees updated effective January 13, 2026)
- Bond (unless waived by the will or all beneficiaries)
E-filing is available via the Tybera E-Flex system.
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 Montgomery County (e.g., The Leaf-Chronicle, Main Street Clarksville, or The Nashville Ledger) 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 (creditors have 4 months from first publication to file claims)
- Inventory and appraise all estate assets within 60 days (unless waived)
- Pay valid creditor claims and estate expenses
- File Tennessee inheritance tax return (if applicable, though largely phased out) and federal tax returns
- Distribute assets to beneficiaries
- File a Statement in Lieu of Final Accounting (if all beneficiaries agree) or a formal accounting and petition to close the estate
Local Requirements
Montgomery County-Specific Procedures
- E-filing: The 19th Judicial District uses the Tybera E-Flex system for e-filing.
- Bond: A surety bond is generally required unless waived by the will or by agreement of all beneficiaries.
- Local Rules: The 19th Judicial District has specific local rules regarding probate; consult the Clerk and Master's office for the latest version.
- Publication: The Clerk & Master's office can assist with issuing the notice to creditors to the selected newspaper (The Leaf-Chronicle, Main Street Clarksville, or The Nashville Ledger).
Always check with the Clerk and Master for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Montgomery County)
Note: Filing fees were updated effective January 13, 2026. Verify current fees with the Clerk and Master's office or at montgomerytn.gov/chancery.
- Opening an Estate (Probate/Administration): $379.50
- Small Estate / Limited Letters: $379.50
- Muniment of Title: $379.50
- Inventory/Annual Accounting: $75.00
- Claim against Estate: $50.00
- Publication costs: approximately $55–$125 (varies by newspaper: Nashville Ledger ~$30, Main Street ~$75, Leaf-Chronicle ~$100, plus $25 clerk fee)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to convenience fees). Checks should be made payable to "Clerk and Master."
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
The creditor claim period in Tennessee is 4 months from the date of the first publication of notice, which sets a minimum baseline for the timeline.
Local Resources
Montgomery County Court Resources
- Court Website: Montgomery County Chancery Court
- Probate Forms: Local Forms
- Tennessee State Forms: TN Administrative Office of the Courts
Legal Aid and Attorney Referrals
- Montgomery County Bar Association: Local attorney listings
- Legal Aid Society of Middle Tennessee: (931) 552-6656 — Provides civil legal assistance to low-income families
- Tennessee Bar Association Referral Service: tba.org
Publication
- The Leaf-Chronicle: (931) 552-1808 — Daily newspaper
- Main Street Clarksville: (615) 452-4940 — Weekly newspaper
- The Nashville Ledger: (615) 254-5522 — Legal notices