Overview
Sumner County is located in Tennessee with a population of approximately 211,721. The Sumner 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 Probate of Will (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 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 required by local practice.
This guide provides an informational overview of the Sumner 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
Sumner County Chancery Court
Probate matters in Sumner County are handled at the Sumner County Courthouse.
Address: 155 East Main Street, Room 3600, Gallatin, TN 37066
Phone: (615) 451-6036 (Delinquent Taxes/Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Chancery Court Clerk and Master's office is located in Room 3600 (3rd floor). Chancery Court hearings are held on the 5th floor in Courtroom 5B.
Parking and Access
Public parking is available around the courthouse and in designated lots nearby. Visitors pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $50,000 or less (excluding real estate) and no petition for appointment of a personal representative has been filed, you may file an affidavit after 45 days.
- Survivorship Assets: Assets held as "Tenants by the Entirety" or with "Rights of Survivorship" pass automatically to the surviving owner.
- 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 Sumner County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries
- Filing fee (approximately $384.50 for full probate)
- Bond (unless waived by the will or all beneficiaries)
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 Sumner County (e.g., The Gallatin News) for two consecutive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge 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
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed (including TN inheritance tax return if applicable for older estates, though largely repealed)
- Distribute assets to beneficiaries
- File a final accounting and petition to close the estate
Local Requirements
Sumner County-Specific Procedures
- Local Forms: The Sumner County Chancery Court provides specific forms for Small Estate Affidavits and other probate matters on their website.
- Bond: A surety bond is generally required unless waived by the will or by agreement of all heirs/beneficiaries.
- Hearings: Probate hearings are typically held in person; check with the Clerk & Master for current scheduling practices.
- Publication: Notice to creditors is mandatory for full administration and must be published in a local newspaper such as The Gallatin News or Hendersonville Standard.
Always check the latest "Local Rules of Practice" for the 18th Judicial District (Sumner County) before filing.
Timeline & Fees
Filing Fees (Sumner County)
- Petition for Probate (Solemn Form): approximately $384.50
- Small Estate Affidavit: approximately $150.50
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100-$200 (paid directly to newspaper)
- Claims Filing: approximately $30.00
Payment Methods
The court accepts cash, money orders, cashier's checks, and business checks. Personal checks are generally not accepted.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Tennessee is 4 months from the date of the first publication of notice to creditors. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Sumner County Court Resources
- Court Website: sumnerchancerycourt.com
- Probate Forms: sumnerchancerycourt.com/probate/
- Tennessee State Courts: tncourts.gov
Legal Aid and Attorney Referrals
- Sumner County Bar Association: Contact local listings
- Legal Aid Society of Middle Tennessee: (615) 451-1880 — Gallatin Office
- Tennessee Bar Association Referral: tba.org
Publication
- The Gallatin News: (615) 452-4940 — General circulation
- Hendersonville Standard: (615) 826-2260 — General circulation