Overview
Williamson County is located in Tennessee with a population of approximately 269,136. The Williamson 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 a 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 known as the Small Estate Affidavit for estates valued at $50,000 or less (excluding real property). This process is faster and less expensive than full probate but requires a 45-day waiting period after death.
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 Williamson 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
Williamson County Chancery Court
Probate matters in Williamson County are handled at the Williamson County Judicial Center.
Address: 135 S 4th Avenue, Franklin, TN 37064
Phone: (615) 790-5428 (Clerk & Master)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Chancery Court Clerk & Master's office processes all probate filings. The court is located in downtown Franklin within the Judicial Center complex.
Parking and Access
Free public parking is available in the parking garage located on 4th Avenue immediately beside the Judicial Center. Additional parking is available in the garage on 2nd Avenue. Both garages offer free parking with no time limit, but head-in parking is required. Security screening is required upon entering the Judicial Center.
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 transferred, you may file a Small Estate Affidavit after a 45-day waiting period.
- Non-Probate Transfers: Assets with designated 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 to Probate Will or Petition for Letters of Administration with the Williamson County Chancery Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- List of heirs and beneficiaries with addresses
- Filing fee (approximately $418.50)
- Oath of Personal Representative
- Bond (unless waived by the will or all beneficiaries)
E-filing is available and encouraged for attorneys in Williamson County.
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 Williamson County (typically The Williamson Herald) for two consecutive weeks.
- Notify TennCare (Bureau of TennCare) if the decedent was 55 years or older.
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 administrative expenses
- File federal and state tax returns as needed (including the TN inheritance tax waiver if applicable)
- Distribute assets to beneficiaries
- File a Statement in Lieu of Settlement (if all beneficiaries waive accounting) or a formal Final Settlement to close the estate
Local Requirements
Williamson County-Specific Procedures
- E-filing: Williamson County utilizes an e-filing system which is mandatory for many practitioners. Pro se litigants may still file in paper.
- Bond: A surety bond is generally required unless waived by the will or by agreement of all beneficiaries.
- Local Rules: The 21st Judicial District has specific local rules regarding probate; ensure all petitions comply with these formatting and content requirements.
- Publication: Notice to creditors is typically published in The Williamson Herald. The Clerk & Master's office often facilitates this process upon filing.
Always check with the Clerk & Master's office for the most current local forms and procedural checklists.
Timeline & Fees
Filing Fees (Williamson County)
- Petition to Open Estate: approximately $418.50
- Small Estate Affidavit: approximately $229.50
- Certified copies of Letters: approximately $6.00 per copy
- Publication costs: approximately $150-$250 (paid to the newspaper)
- Claims/Exceptions: approximately $30.00
Note: Fees are subject to change. Contact the Clerk & Master at (615) 790-5428 for the exact current fee schedule.
Payment Methods
The court accepts cash, checks (payable to "Clerk & Master"), and credit/debit cards (subject to a convenience fee).
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, which sets a minimum timeline for closing the estate.
Local Resources
Williamson County Court Resources
- Court Website: williamsoncounty-tn.gov
- Clerk & Master: williamsonchancery.org
- Tennessee Probate Forms: tncourts.gov
Legal Aid and Attorney Referrals
- Williamson County Bar Association: wcba12.wildapricot.org
- Legal Aid Society of Middle Tennessee: (615) 790-5556 — Provides civil legal assistance to low-income residents.
- Tennessee Bar Association Referral Service: tba.org
Publication
- The Williamson Herald: (615) 790-6465 — Common for legal notices
- The Tennessean: (615) 259-8000 — Regional circulation