Overview
Obion County is located in Tennessee with a population of approximately 30,787. The Obion 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 (if there is a will) or a 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.
Tennessee offers a simplified procedure for small estates known as the Small Estate Affidavit. This process is available if the value of the decedent's personal property does not exceed $50,000.
State law does not set a mandatory 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 Obion 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
Obion County Chancery Court
Probate matters in Obion County are handled at the Obion County Courthouse.
Address: 6 Bill Burnett Circle, Union City, TN 38281
Phone: (731) 507-0999 (Clerk & Master - Ext. #1, then #3)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
Clerk & Master: Emily Hall
The Chancery Court Clerk & Master oversees probate filings. The courthouse is located in Union City, the county seat.
Parking and Access
Public parking is available around the courthouse complex on Bill Burnett Circle. Visitors should be prepared for security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the decedent's personal property is valued at $50,000 or less, you may qualify for this simplified process (waiting period of 45 days after death required).
- Non-Probate Transfers: Assets with designated beneficiaries (like life insurance or retirement accounts) or property held as "tenancy by the entirety" or "joint tenancy with right of survivorship" pass directly to the co-owner or beneficiary.
- 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 Obion County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (check with the Clerk & Master for the current amount)
- 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 Obion County (typically the Union City Daily Messenger) for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition. If the petition is in order and the will is proven (if applicable), the judge will issue Letters Testamentary or Letters of Administration, granting the personal representative legal authority to act on behalf of the estate.
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 Tennessee inheritance tax return (if applicable, though largely phased out) and federal tax returns
- Distribute assets to beneficiaries according to the will or state intestacy laws
- File a Statement in Lieu of Final Accounting (if all beneficiaries agree) or a formal accounting and petition to close the estate
Local Requirements
Obion County-Specific Procedures
- Local Court Rules: The 27th Judicial District (which includes Obion County) may have specific local rules regarding motion days and filing procedures. Check with the Clerk & Master.
- Bond: A bond is typically required for the personal representative unless waived by the will or by all beneficiaries/heirs.
- Publication: Notice to creditors is routinely published in the Union City Daily Messenger.
- Small Estate: The 45-day waiting period after death is mandatory before filing a Small Estate Affidavit.
Always contact the Clerk & Master's office at (731) 507-0999 (Ext. #1, then #3) to confirm specific local forms and current filing fees before visiting.
Timeline & Fees
Filing Fees (Obion County)
Note: Fees are subject to change. Contact the Clerk & Master for the exact current schedule.
- Opening a Formal Estate: Approximately $350.00 - $450.00
- Small Estate Affidavit: Approximately $100.00 - $150.00
- Publication costs: Approximately $100.00 - $200.00 (paid directly to the newspaper)
- Certified copies of Letters: Approximately $5.00 - $10.00 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
- Small Estate: 2-3 months (including the 45-day waiting period)
- Simple Formal Estate: 6-9 months (minimum 4-month creditor period)
- Complex or Contested Estate: 12 months to 2+ years
The timeline is largely dictated by the mandatory 4-month creditor claim period that begins after the first publication of notice.
Local Resources
Obion County Court Resources
- Court Website: Obion County Government
- Probate Self-Help: Tennessee State Courts Self-Help Center
- Tennessee Probate Forms: TN Administrative Office of the Courts
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — Find an Attorney
- West Tennessee Legal Services: (731) 423-0616 — wtls.org
Publication
- Union City Daily Messenger: (731) 885-0744 — nwtntoday.com