Overview
Stewart County is located in Tennessee with a population of approximately 13,657. The Stewart 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 to Probate Will (for testate estates) or Petition for Letters of Administration (for intestate estates) 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 known as the Small Estate Affidavit. This process is available if the value of the decedent's personal property does not exceed $50,000 (excluding real estate). It allows for the transfer 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 Stewart 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
Stewart County Chancery Court
Probate matters in Stewart County are handled at the Stewart County Courthouse.
Address: 225 Donelson Parkway, Dover, TN 37058 (Mailing: P.O. Box 102)
Phone: (931) 232-5665 (Clerk & Master's Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Chancery Court Clerk & Master, April J. Turner, oversees probate filings. The office is located on the main floor of the courthouse.
Parking and Access
Free parking is generally available in the lot adjacent to the courthouse and on surrounding streets in Dover. 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 decedent's personal property is valued at $50,000 or less (excluding real estate), you may qualify for this simplified process after a 45-day waiting period.
- Non-Probate Transfers: Assets with named 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 to Probate Will or Petition for Letters of Administration with the Stewart County Chancery Court. Include:
- Original Will (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (approximately $330.00 - $420.00)
- Oath of Personal Representative
E-filing may not be available for all initial probate pleadings; check with the Clerk & Master's office for current submission methods.
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 Stewart County, such as the Stewart County Standard, 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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (the creditor claim period is generally 4 months from the date of first publication).
- 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 Settlement or a detailed accounting to close the estate.
Local Requirements
Stewart County-Specific Procedures
- Local Rules: Stewart County is part of the 23rd Judicial District. While state laws govern most procedures, the local Clerk & Master may have specific preferences for form formatting or scheduling.
- Bond: A bond is typically required for personal representatives unless waived by the will or by all beneficiaries/heirs.
- Publication: Notice to creditors must be published in a local newspaper, typically the Stewart County Standard.
- Hearings: Probate hearings are generally held on specific motion days; contact the Clerk to schedule.
Always verify the specific number of copies required for filing with the Clerk & Master's office.
Timeline & Fees
Filing Fees (Stewart County)
- Petition to Open Estate: approximately $330.00 - $420.00
- Small Estate Affidavit: approximately $230.00
- Certified copies of Letters: approximately $5.00 - $10.00 per copy
- Publication costs: approximately $100.00 - $200.00 (paid directly to the newspaper)
- Claims/Exceptions: Fees vary for filing claims against the estate.
Note: Fees are subject to change. Contact the Clerk & Master at (931) 232-5665 for the most current fee schedule.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit/debit cards may be accepted with a convenience fee; confirm with the clerk before visiting.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 2-4 months
- Average formal estates: 6-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period (4 months from notice) sets a minimum duration for formal administration.
Local Resources
Stewart County Court Resources
- Court Website: stewartcogov.com
- Probate Self-Help: TN Self-Help Center
- Tennessee Probate Forms: TN AOC Forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid Society of Middle Tennessee: (800) 238-1443 — las.org
Publication
- Stewart County Standard: (931) 232-3801 — stewartcountystandard.com