Overview
Rutherford County is located in Tennessee with a population of approximately 378,000. The Probate Court of Rutherford County (administered via the County Clerk's Office) handles all probate and estate matters for decedents who were domiciled in the county at the time of death. By private act, the General Sessions Judges serve as the Probate Judges for the county.
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.
For smaller estates, Tennessee offers a Small Estate Affidavit procedure for estates valued at $50,000 or less (excluding real property). This process is faster and less expensive than full probate but requires a 45-day waiting period after death.
Rutherford County has specific filing fees, such as approximately $418.50 to open a regular estate and $229.50 for a small estate affidavit.
This guide provides an informational overview of the Rutherford 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
Probate Court of Rutherford County
Probate matters in Rutherford County are filed with the County Clerk's Office (Probate Division), located in the County Office Building.
Address: 319 N. Maple Street, Suite 121, Murfreesboro, TN 37130
Phone: (615) 898-7800 (Probate Department)
Hours: Monday through Thursday, 8:00 AM to 4:00 PM; Friday, 8:00 AM to 5:00 PM
The Probate Court is presided over by the General Sessions Judges. While filings are made at the County Clerk's office on Maple Street, hearings may be held at the Judicial Building or designated courtrooms. Always check your hearing notice for the specific location.
Parking and Access
Public parking is available around the County Office Building and the historic square. There is also a parking garage located near the Judicial Building on Lytle Street if your hearing is scheduled there. Security screening is required for entry into court facilities.
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 qualify for this simplified process after a 45-day waiting period.
- Muniment of Title: If the only asset is real estate and there are no unpaid debts, you may file to admit the will as "Muniment of Title" only.
- 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 Rutherford County Clerk. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (approx. $418.50)
- 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 Rutherford County (typically The Daily News Journal) for two consecutive weeks. The clerk often assists with coordinating this publication.
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. The Personal Representative must be present.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 4 months from first publication to file claims)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims and estate taxes
- File TennCare release forms (if decedent was over 55)
- 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
Rutherford County-Specific Procedures
- Filing Location: Unlike many counties where probate is in Chancery Court, Rutherford County probate filings are primarily handled by the County Clerk.
- Bond Requirements: Bond is required unless waived by the will or by agreement of all beneficiaries.
- Local Forms: The County Clerk provides specific packets for Small Estate Affidavits.
- Publication: Notice to creditors is typically published in The Daily News Journal. The publication fee is often paid directly to the newspaper or collected by the clerk.
Always check with the County Clerk's probate department for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Rutherford County)
- Full Probate (Testate/Intestate): approximately $418.50
- Small Estate Affidavit: approximately $229.50
- Muniment of Title: approximately $418.50
- Certified copies of Letters: approximately $6.00 per copy
- Publication costs: Daily News Journal: $135.00; Main Street Media: $125.00
Payment Methods
The court accepts cash, checks, and credit/debit cards (with a processing fee). Checks should be made payable to "Rutherford County Clerk."
Estimated Timelines
- Small Estate: Can be filed 45 days after death; process is quick once filed.
- Simple estates: 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 newspaper publication. The estate cannot be closed until this period expires and all claims are resolved.
Local Resources
Rutherford County Court Resources
- County Clerk Probate Website: rutherfordcountytn.gov/estate-wills
- Chancery Court Website: rcchancery.com
- Tennessee State Court Forms: tncourts.gov/forms-publications
Legal Aid and Attorney Referrals
- Rutherford and Cannon County Bar Association: Local attorney listings.
- Legal Aid Society of Middle Tennessee: (615) 890-0905 — Provides civil legal assistance to low-income residents.
- Tennessee Bar Association Referral Service: tba.org
Publication
- The Daily News Journal: (615) 893-5860 — Primary newspaper for probate notices.