Overview
Smith County is located in Tennessee with a population of approximately 20,783. The Smith 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 Letters Testamentary (if there is a will) or a 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 distribution of assets without 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 Smith 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
Smith County Chancery Court
Probate matters in Smith County are handled at the Smith County Justice Center.
Address: 322 Justice Drive, Suite 105, Carthage, TN 37030
Phone: (615) 735-2092 (Clerk and Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk and Master, currently Jessie Goad, serves as the clerk for the Chancery Court and Probate Court. The court is part of the 15th Judicial District.
Parking and Access
Free parking is generally available at the Smith County Justice Center. The building is accessible to the public during business hours.
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 (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 Letters Testamentary or Petition for Letters of Administration with the Smith 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 (contact the Clerk & Master for the current amount, typically $350-$450)
- 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 Smith County (typically the Carthage Courier) for two consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the Chancellor or Clerk & Master reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
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, though largely phased out)
- Distribute assets to beneficiaries
- File a final accounting and petition to close the estate
Local Requirements
Smith County-Specific Procedures
- Clerk & Master: The Clerk & Master handles most probate filings. It is advisable to call (615) 735-2092 to confirm specific filing requirements and fees before visiting.
- Bond: A bond is generally required for personal representatives unless waived in the will or by all beneficiaries.
- Local Rules: The 15th Judicial District may have specific local rules regarding probate; check with the Clerk for any standing orders.
- Publication: Notice to creditors is typically published in the Carthage Courier.
The court holds terms in Smith County in February, June, and October, but the Clerk & Master can handle many probate matters throughout the year.
Timeline & Fees
Filing Fees (Smith County)
Note: Fees are subject to change. Contact the Clerk & Master at (615) 735-2092 for the most current schedule.
- Opening an Estate (Petition for Letters): approximately $350 - $450
- Small Estate Affidavit: approximately $100 - $250
- Certified copies of Letters: approximately $5 - $10 per copy
- Publication costs: approximately $100 - $200 (paid directly to the newspaper)
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit/debit cards may be accepted with a processing fee.
Estimated Timelines
- Simple estates: 6-9 months (minimum 4 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years or more
The creditor claim period in Tennessee is 4 months from the date of the first publication of notice to creditors.
Local Resources
Smith County Court Resources
- Clerk & Master Website: smithcotn.com/clerk-and-master/
- Tennessee Administrative Office of the Courts: tncourts.gov
- Tennessee Probate Forms: tncourts.gov/forms-publications
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee: (615) 244-6610 — las.org
Publication
- Carthage Courier: (615) 735-1313 — carthagecourier.com
- Smith County Insider: smithcountyinsider.com