Overview
Roane County is located in Tennessee with a population of approximately 56,742. The Roane County Probate Court (administered by the Clerk and Master) 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 procedure for small estates valued at $50,000 or less (excluding real property). This process, known as the Small Estate Affidavit, allows for the transfer of assets without full probate administration after a 45-day waiting period.
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 Roane 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
Roane County Probate Court
Probate matters in Roane County are handled by the Clerk and Master at the Roane County Courthouse.
Address: 200 E Race St, Suite 12, Kingston, TN 37763
Phone: (865) 376-2487 (Clerk & Master)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Clerk and Master's office is responsible for maintaining probate records and processing filings. While the General Sessions judges often preside over probate matters, the Clerk and Master is the primary point of contact for filings.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. The courthouse is located in downtown Kingston. Security screening is required for entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $50,000 or less and no real estate is involved, you may file a Small Estate Affidavit after a 45-day waiting period.
- Non-Probate Transfers: Assets with designated beneficiaries (e.g., life insurance, IRAs) or 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 of Will and Letters Testamentary or Petition for Letters of Administration with the Roane County Clerk and Master. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approximately $330–$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 Roane County (e.g., Roane County News) for two consecutive weeks.
- The Clerk and Master typically assists with the publication process upon filing.
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 the TN inheritance tax return if applicable for older estates, though largely repealed for recent deaths)
- Distribute assets to beneficiaries
- File a Statement in Lieu of Final Accounting (if waived) or a Final Accounting and petition to close the estate
Local Requirements
Roane County-Specific Procedures
- Filing Office: Probate filings are processed through the Clerk and Master's Office, not the County Clerk, in Roane County.
- Bond: A bond is generally required for personal representatives unless waived by the will or by all beneficiaries/heirs.
- Publication: Notice to creditors must be published in the Roane County News. The clerk's office usually handles the coordination of this publication, but the fee is paid by the estate.
- Local Forms: While some state-wide forms are accepted, it is best to check with the Clerk and Master for any preferred local cover sheets or affidavits.
Always verify the specific number of copies required for filing with the Clerk and Master's office before visiting.
Timeline & Fees
Filing Fees (Roane County)
- Opening a Formal Estate: approximately $330–$420 (fees vary based on litigation taxes and service fees)
- Small Estate Affidavit: approximately $100–$150
- Publication costs: approximately $100–$150 (often collected at filing)
- Certified copies of Letters: approximately $5–$10 per copy
Note: Fees are subject to change. Contact the Clerk and Master at (865) 376-2487 for the exact current amounts.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates: 6–9 months (minimum 4 months for creditor claims)
- Average estates: 9–15 months
- Complex or contested estates: 18 months to 2+ years
The timeline is largely dictated by the 4-month creditor claim period which begins after the first publication of notice.
Local Resources
Roane County Court Resources
- Clerk and Master Website: roanecountytn.gov/clerk-and-master
- Probate Self-Help: TN Administrative Office of the Courts
- Tennessee Probate Forms: TN Courts Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee and the Cumberlands: (865) 483-8454 — las.org
Publication
- Roane County News: (865) 376-3481 — 1430 N. Gateway Ave., Rockwood, TN 37854