Overview
Washington County is located in Tennessee with a population of approximately 139,642. The Washington 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 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 estate). This process is faster and less expensive than full probate. Additionally, a Muniment of Title proceeding is available when the only asset to be transferred is real estate and there are no unpaid debts.
Tennessee does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" and are subject to court approval if contested.
This guide provides an informational overview of the Washington 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
Washington County Chancery Court
Probate matters in Washington County are handled at the Washington County Justice Center.
Address: 108 West Jackson Blvd., Suite 2109, Jonesborough, TN 37659
Phone: (423) 753-1623 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the Chancery Court, overseen by the Clerk and Master. The court is located in historic Jonesborough.
Parking and Access
Public parking is available at the Justice Center. Visitors pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate (excluding real property) is valued at $50,000 or less, you may file a Small Estate Affidavit after a 45-day waiting period.
- Muniment of Title: Used to transfer real estate when there are no debts and no other assets requiring administration.
- 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 Washington County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- List of heirs and beneficiaries
- Filing fee (approx. $324.50 - $394.50)
- Bond (unless waived in the will or by all beneficiaries)
E-filing may be available; check with the Clerk and Master's office for current protocols.
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 Washington County (e.g., Johnson City Press) 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 authority to the personal representative.
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 (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
Washington County-Specific Procedures
- Clerk and Master: The Clerk and Master handles probate filings. It is advisable to call ahead to confirm specific form requirements.
- Bond: A surety bond is typically required unless waived by the will or by agreement of all heirs.
- Local Rules: The 1st Judicial District may have specific local rules regarding probate practice; consult the court clerk.
- Publication: Notice to creditors must be published in a local newspaper such as the Johnson City Press.
Always check with the Clerk and Master's office for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Washington County)
- Probate with Publication: approximately $394.50
- Probate without Publication: approximately $324.50
- Muniment of Title: approximately $324.50
- Small Estate Affidavit (w/ Will): approximately $154.50
- Small Estate Affidavit (w/o Will): approximately $149.50
- Certified Copies: approximately $5.00 + $0.50 per page
- Publication costs: Typically included in the "with publication" fee, but verify if paid separately to the newspaper.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a processing fee.
Estimated Timelines
- Small Estate: 1-2 months (after 45-day waiting period)
- Simple estates: 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.
Local Resources
Washington County Court Resources
- Court Website: washingtoncountytn.org
- TN Administrative Office of the Courts: tncourts.gov
- Probate Forms: tncourts.gov/forms
Legal Aid and Attorney Referrals
- Tennessee Bar Association: (615) 383-7421 — tba.org
- Legal Aid of East Tennessee: (423) 928-8311 — laet.org
Publication
- Johnson City Press: (423) 929-3111 — johnsoncitypress.com