Overview
Union County is located in Tennessee with a population of approximately 20,000. The Union 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 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 known as the Small Estate Affidavit. This is available if the value of the personal property in the estate does not exceed $50,000 and no real property is involved. There is a 45-day waiting period after death before this affidavit can be filed.
The court generally follows the statutory fee schedule, but specific filing fees can vary. Attorneys and personal representatives are entitled to reasonable compensation, which is subject to court approval if not set by the will or agreement.
This guide provides an informational overview of the Union 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
Union County Chancery Court
Probate matters in Union County are handled at the Union County Courthouse.
Address: 901 Main Street, Suite 206, Maynardville, TN 37807
Phone: (865) 992-5942 (Clerk and Master)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk and Master's office is responsible for maintaining probate records. The office is located within the county courthouse in Maynardville.
Parking and Access
Free parking is generally available in the lots surrounding the courthouse. Visitors should be prepared for 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's personal property is valued at $50,000 or less and there is no real estate to be administered, you may file a Small Estate Affidavit after a 45-day waiting period.
- Non-Probate Transfers: Assets with designated beneficiaries (like life insurance or payable-on-death accounts) or property held in survivorship (Tenancy by the Entirety) pass directly to the beneficiary 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 for Letters Testamentary or Petition for Letters of Administration with the Union County Chancery Court. Include:
- The original Last Will and Testament (if applicable)
- A certified copy of the death certificate
- List of heirs and beneficiaries
- Filing fee (approximately $360.50 for full probate including publication)
- 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 Union County (typically The Union News Leader) for two consecutive weeks.
- Notify creditors directly if they are known or reasonably ascertainable.
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 and allow the 4-month creditor claim period to run
- Inventory and appraise all estate assets within 60 days (unless waived)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed (including TN inheritance tax waiver if applicable)
- Distribute assets to beneficiaries according to the will or state law
- File a final accounting (unless waived) and petition to close the estate
Local Requirements
Union County-Specific Procedures
- Clerk and Master: The Clerk and Master serves as the probate clerk in Union County. All filings should be directed to this office.
- Bond: A bond is typically required for personal representatives unless waived in the will or by agreement of all beneficiaries.
- Publication: Notice to creditors must be published in The Union News Leader. The cost for this is often included in the initial filing fee for full estates.
- Local Rules: The 8th Judicial District (which includes Union County) may have specific local rules regarding courtroom conduct and scheduling. Check with the Clerk for the most current protocols.
Timeline & Fees
Filing Fees (Union County)
- Opening a Full Estate: approximately $360.50 (includes publication)
- Small Estate Affidavit: approximately $101.50
- Service of Process: approximately $42.00 per person (if needed)
- Certified Copies: approximately $5.00 per copy
- Claim Against Estate: approximately $11.00
Note: Fees are subject to change. Contact the Clerk and Master's office to verify exact amounts.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit/debit cards may be accepted with a processing fee. Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Small Estate: Can be settled relatively quickly after the 45-day waiting period.
- Simple Formal Estate: 6-9 months (minimum 4 months for creditor claims).
- Average Estate: 9-15 months.
- Complex or Contested Estate: 18 months to several years.
The timeline is heavily influenced by the 4-month creditor claim period which must expire before the estate can be fully closed.
Local Resources
Union County Court Resources
- Clerk and Master Website: unioncountytnclerkandmaster.com
- Tennessee Court Self-Help: tncourts.gov
- Tennessee Probate Forms: tncourts.gov/forms-publications
Legal Aid and Attorney Referrals
- Knoxville Bar Association (serves region): (865) 522-6522 — knoxbar.org
- Legal Aid Society of Middle Tennessee and the Cumberlands: (865) 483-8454 — las.org
- Tennessee Bar Association Referral: tba.org
Publication
- The Union News Leader: (865) 992-3392 — ucnewsleader.com