Overview
Putnam County is located in Tennessee with a population of approximately 84,894. The Putnam County Probate Court (exercised through the General Sessions 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 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.
Tennessee offers a simplified Small Estate Affidavit procedure for estates valued at $50,000 or less (excluding real property). This process requires a 45-day waiting period after death and is significantly faster and less expensive than full probate.
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 Putnam 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
Putnam County Probate Court
Probate matters in Putnam County are handled at the Putnam County Justice Center.
Address: 421 East Spring Street, Room 1C, Suite 49A, Cookeville, TN 38501
Phone: (931) 528-1508 (General Sessions - Probate)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Court is part of the General Sessions Court system in Putnam County. The Clerk's office is located in Room 1C, Suite 49A of the Justice Center.
Parking and Access
Public parking is available in the upper lot of the Justice Center. Additional parking can be found at the corner of Spring Street and Maple Street. Visitors should be prepared for security screening upon entering the Justice Center.
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 appointment of a personal representative has been filed, 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 to be transferred is real estate (or other assets not requiring formal administration), you may file a Petition for Muniment of Title to establish ownership.
- 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 Putnam County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of known heirs and beneficiaries
- Filing fee (approximately $330-$420 depending on the petition type)
- 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 Putnam County (typically the Herald-Citizen) 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 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 federal and state tax returns as needed (including TN inheritance tax return if applicable for older estates, though largely repealed for recent deaths)
- Distribute assets to beneficiaries
- File a final accounting (unless waived) and petition to close the estate
Local Requirements
Putnam County-Specific Procedures
- Small Estate Filing: The filing fee for a Small Estate Affidavit is approximately $142.50.
- Bond Requirements: A bond is generally required for personal representatives unless waived by the will or by all beneficiaries/heirs.
- Local Rules: Putnam County General Sessions Court may have specific local rules regarding probate dockets; it is advisable to check with the Clerk's office for specific hearing days.
- Publication: Notice to creditors is typically published in the Herald-Citizen.
Always check with the Putnam County Circuit Court Clerk's office for the most up-to-date forms and fee schedules.
Timeline & Fees
Filing Fees (Putnam County)
- Small Estate Affidavit: $142.50
- Petition for Muniment of Title: approximately $331.50
- Petition for Letters Testamentary/Administration: approximately $330.00 - $420.00
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: typically paid directly to the newspaper (approx. $100-$200)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to a convenience fee).
Estimated Timelines
- Small Estate: 2-4 months (including 45-day waiting period before filing)
- Simple estates (no disputes): 6-9 months (minimum 4-month creditor period)
- 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 to creditors.
Local Resources
Putnam County Court Resources
- Court Website: putnamtncourtclerk.gov
- Probate Forms: tncourts.gov
- Local Rules: tncourts.gov
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee: (931) 528-7436 — las.org
Publication
- Herald-Citizen: (931) 526-9715 — herald-citizen.com