Overview
Moore County is located in Tennessee with a population of approximately 6,773. The Moore 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 Tennessee Code Annotated Title 30. The process begins with filing a Petition for Letters Testamentary (if there is a will) or Petition for Letters of Administration (if there is no will) 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.
For smaller estates, Tennessee offers a simplified process known as the Small Estate Affidavit. This is available if the decedent's personal property is valued at $50,000 or less (excluding real estate). 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 contested.
This guide provides an informational overview of the Moore 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
Moore County Chancery Court
Probate matters in Moore County are handled at the Moore County Courthouse.
Address: 196 Main Street, Suite 312, Lynchburg, TN 37352
Phone: (931) 759-7028 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Chancery Court Clerk & Master, currently Tammy Roberts, oversees probate filings. The office is located within the historic courthouse in Lynchburg.
Parking and Access
Public parking is generally available around the courthouse square in Lynchburg. The building is accessible, but visitors should check for specific security screening requirements upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $50,000 or less, you may qualify for this simplified process after a 45-day waiting period.
- Muniment of Title: If the decedent left a will and the only asset is real estate, you may file to admit the will as Muniment of Title to transfer the property without full administration.
- 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 Letters Testamentary or Petition for Letters of Administration with the Moore 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 $290–$420)
- 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 Moore County, such as The Moore County News, 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 Statement in Lieu of Final Accounting (if all beneficiaries agree) or a formal accounting to close the estate
Local Requirements
Moore County-Specific Procedures
- Clerk & Master: The Clerk & Master serves as the probate clerk in Moore County. It is advisable to call the office at (931) 759-7028 to confirm specific filing requirements before visiting.
- Bond: A bond is typically required for personal representatives unless waived in the will or by all beneficiaries/heirs.
- Local Rules: Moore County may have specific local rules regarding the scheduling of hearings and the format of pleadings. Check with the Clerk.
- Publication: Notice to creditors must be published in The Moore County News.
Always verify the number of copies required for filing with the Clerk's office.
Timeline & Fees
Filing Fees (Moore County)
- Petition to Open Estate: approximately $290–$420 (fees vary by specific case type and service requirements)
- Small Estate Affidavit: approximately $100–$230
- Certified copies of Letters: approximately $5–$10 per copy
- Publication costs: approximately $60–$150 (paid directly to the newspaper or via the clerk)
Payment Methods
The court typically accepts cash, checks, or money orders. Credit/debit cards may be accepted with a processing fee; confirm with the clerk.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 2-4 months
- Average formal estates: 6-12 months (minimum 4-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The timeline is heavily influenced by the 4-month creditor claim period which begins after the first publication of notice.
Local Resources
Moore County Court Resources
- Court Website: metromoorecounty.org
- Tennessee State Courts: tncourts.gov
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee: (931) 455-7000 or (800) 238-1443 — las.org
- TN Free Legal Answers: tn.freelegalanswers.org
Publication
- The Moore County News: (931) 759-7346 — themoorecountynews.com