Overview
Overton County is located in Tennessee with a population of approximately 23,551. The Overton 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 (if there is a will) or a Petition for 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 value of the personal property in the estate does not exceed $50,000. 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 or if the will does not specify otherwise.
This guide provides an informational overview of the Overton 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
Overton County Chancery Court
Probate matters in Overton County are handled by the Clerk & Master at the Overton County Justice Center.
Address: 100 E. Court Sq., Ste. 100, Livingston, TN 38570
Phone: (931) 823-2536 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk & Master's office is responsible for maintaining all probate records and scheduling hearings. The court is located in downtown Livingston.
Parking and Access
Public parking is available around the courthouse square and in designated lots near the Justice Center. Security screening is required for entry into the court facility.
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.
- Non-Probate Transfers: Assets with named beneficiaries (like life insurance or retirement accounts) or property held in joint tenancy with rights 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 Overton 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 (payable to the Clerk & Master)
- Oath of Personal Representative
Electronic filing may not be available for initial probate petitions; check with the Clerk & Master for current e-filing policies.
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 Overton County (such as the Overton 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 or Clerk & Master 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)
- Distribute assets to beneficiaries
- File a final accounting and petition to close the estate
Local Requirements
Overton County-Specific Procedures
- Local Rules: The 13th Judicial District (which includes Overton County) may have specific local rules regarding probate. It is advisable to check with the Clerk & Master for any specific forms or procedural quirks.
- Bond: A bond is typically required for the personal representative unless waived by the will or by all beneficiaries/heirs.
- Publication: Notice to creditors must be published in a local newspaper like the Overton County News or Livingston Enterprise.
- Hearings: Probate hearings are generally held on specific motion days. Contact the Clerk & Master to schedule.
Timeline & Fees
Filing Fees (Overton County)
Note: Fees are subject to change. Contact the Clerk & Master at (931) 823-2536 for the most current schedule.
- Opening a Formal Estate: approximately $350.00 - $450.00
- Small Estate Affidavit: approximately $150.00 - $250.00
- Certified copies of Letters: approximately $5.00 - $10.00 per copy
- Publication costs: approximately $100.00 - $200.00 (paid directly to the newspaper)
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Some offices may accept credit cards with a processing fee, but personal checks are often not accepted for initial filings.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 2-4 months
- Average formal estates: 6-12 months (due to the 4-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The 4-month creditor claim period is a mandatory minimum for formal probate.
Local Resources
Overton County Court Resources
- Clerk & Master Website: Overton County Clerk & Master
- Probate Self-Help: TN Courts Self-Help
- TN Probate Forms: TN Administrative Office of the Courts
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — Find an Attorney
- Legal Aid Society of Middle Tennessee: (931) 528-7436 — las.org
Publication
- Overton County News: (931) 823-6485 — overtoncountynews.com
- Livingston Enterprise: (931) 823-1274