Overview
Shelby County is located in Tennessee with a population of approximately 916,000. The Shelby County Probate 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 to Probate Will (or Petition for Letters of Administration) 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 is 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 Shelby 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
Shelby County Probate Court
Probate matters in Shelby County are handled at the Shelby County Courthouse.
Address: 140 Adams Ave, Memphis, TN 38103
Phone: (901) 222-3750 (Probate Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Court Clerk's office is located in Room 124. The court handles wills, estates, conservatorships, and guardianships.
Parking and Access
Public parking is available in nearby garages and surface lots around the courthouse in downtown Memphis. Security screening is required for entry; cell phones may be restricted or require silencing.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: For estates valued at $50,000 or less (excluding real estate), you may file a Small Estate Affidavit after a 45-day waiting period.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, IRAs) or held jointly with rights of survivorship pass outside of probate.
- 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 to Probate Will (or for Administration) with the Shelby County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (approximately $341.50)
- Bond (unless waived by the will or all beneficiaries)
Shelby County offers e-filing through the Tybera/eFlex system for attorneys.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and beneficiaries.
- Publish notice to creditors in a newspaper of general circulation (e.g., The Daily News) for two consecutive weeks.
- Notify creditors directly if they are known.
Step 4: Attend the Hearing
The court will schedule a hearing to admit the will and appoint the Personal Representative. If the petition is in order and uncontested, the judge will issue Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify the Bureau of TennCare (if the decedent was 55 or older)
- Inventory estate assets within 60 days (unless waived)
- Pay valid creditor claims (creditor period is 4 months from first publication)
- File applicable tax returns (including TN inheritance tax return if required for older estates, though largely repealed)
- Distribute remaining 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
Shelby County-Specific Procedures
- E-filing: Mandatory for many attorneys; available via the Tybera/eFlex system.
- Local Forms: The court provides specific forms for claims, small estates, and other actions on its website.
- Publication: Notice to creditors is typically published in The Daily News. The fee is often collected by the clerk or paid directly to the newspaper.
- Court Costs: Shelby County has specific filing fees effective Jan 1, 2026, which should be verified prior to filing.
Always check the latest Local Rules of Practice for the Probate Court of Shelby County for courtroom etiquette and specific filing requirements.
Timeline & Fees
Filing Fees (Shelby County)
- Petition to Probate Will: approximately $341.50
- Small Estate Petition: approximately $341.50 (verify current small estate specific costs with clerk)
- Publication costs: approximately $55.00 (The Daily News)
- Claims: ~$3.00 - $10.00 filing fee per claim
- Certified Copies: ~$5.00 - $10.00 per copy
Payment Methods
The court accepts cash, credit cards (with processing fee), and checks made payable to the "Probate Court Clerk."
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Tennessee is 4 months from the date of the first publication of notice. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Shelby County Court Resources
- Court Website: shelbycountytn.gov
- Probate Forms: Probate Court Forms
- E-Filing: Shelby County E-Filing
Legal Aid and Attorney Referrals
- Memphis Bar Association: (901) 527-3573 — memphisbar.org
- Memphis Area Legal Services: (901) 523-8822 — Provides civil legal assistance to low-income residents.
Publication
- The Daily News: (901) 523-1561 — memphisdailynews.com