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County Clerk Lisa Duke Crowell
Elected Official

Murfreesboro
319 N Maple St.
Suite 121
Murfreesboro, TN 37130
Phone: (615) 898-7800
Fax: (615) 898-7830
8AM - 4PM Monday-Thursday
8AM - 5PM Friday

Smyrna
205 I St.
Smyrna, TN 37167
Phone: (615) 459-9692
Fax: (615) 355-4118
8AM - 4PM Monday-Thursday
8AM - 5PM Friday

Eagleville
Eagleville City Hall
108 S. Main St
Eagleville, TN 37060
(615) 274-2922
Open the first working
day of each week,
8AM - 4PM
Office building closing one hour for lunch 12PM-1PM


GIS Maps | Full County Office Map

Estates and Wills

Probate

By Private Act, the General Sessions Judges serves as the Probate Judge. The Judge will hear all Probate matters and is charged with making all determinations. If the judge should admit the estate to Probate, your attorney will file all necessary documents with the County Clerk. If an estate value is $50,000.00 or less and NO Real Estate is involved, you may file a Small Estate. There is a 45-day waiting period after the date of death.

Local Rules for Rutherford County Probate Court

Claim Against an Estate

All claims must be filed in the Office of the County Clerk within four (4) months from the first date of publication of the Notice To Creditors.

To file a claim, submit the following:
Notarized claim form filed in triplicate (Claim forms can be obtained from the County Clerk.)
Evidence to support the claim, plus two (2) additional copies
Check or money order in the amount of $11.00, payable to Rutherford County Clerk.
Claims should be mailed to the Clerk (address at top of page)
Helpful Information:
Estate Matters - Procedural Information

TennCare

Probate Cases (estates) in process of closing must have a TennCare Release from the TennCare Administration. Previous to this time, a Personal Representative statement in regard to the status of the TennCare account was acceptable. The Personal Representative statement is no longer acceptable. Outstanding orders to close will not be signed by Judge Brandon unless a TennCare Release has been properly filed.

Any and all Matters of Probate under consideration in the state of Tennessee are public record and are available for review in the Office of the County Clerk in the County of filing.

Please visit the Tennessee Department of Revenue website for more information and forms regarding Tennessee Inheritance Tax.

Estates to be administered under the provisions of Tenn. Code Ann. 30-4-101 et seq. (The Small Estates Act) may be heard by the Court or the County Court Clerk. Notice shall be given to all Interested Parties, including the surviving spouse and next of kin, of the fact the petitioner is filing a petition to be appointed personal representative of the estate under the small estate exemption. If Notice is not provided bond may be required.

The County Court may hear these matters provided the affidavit and all accompanying documents are in proper order, as determined by the County Court Clerk, and there are no questions of law to be determined. If there is a question of law or if the County Court Clerk declines to act upon the affidavit, a hearing on the affidavit may be set on the court docket by the Clerk. If bond is to be waived, consent forms executed by the spouse and all next of kin allowing the Affiant to administer the Affiant to administer the small estate without bond must accompany the affidavit.

Estates involving real estate may not be administered under the Small Estates Act.

Small Estate Administration Proceeding in the Probate Court of Rutherford County

Small Estate Affidavit Requirement

1.THERE IS A 45-DAY WAITING PERIOD AFTER THE DATE OF DEATH
2. CERTIFIED COPY OF THE DEATH CERTIFICATE.
3. AFFIDAVIT FROM ALL THE HEIRS THAT ARE NOT JOINING IN THE SMALL ESTATE AFFIDAVIT.
4. LIST OF ALL OUTSTANDING DEBTS OWED BY THE DECEASED.
5. $50,000.00 LIMITATION AND NO REAL PROPERTY.
6. COURT COSTS:
$46.00 AFFIDAVIT FEE + $134.50 LITIGATION FEE
TOTAL= $180.50
IF BOND IS REQUIRED SEE INSURANCE COMPANY.
7. COURT COSTS ARE PAYABLE IN CASH, CHECK OR CREDIT AND/DEBIT CARDS AT THE TIME OF FILING. NOTICE TO CREDITORS ARE PAYABLE BY CHECK ONLY.

8. IF THERE IS AN ORIGINAL LAST WILL AND TESTAMENT, IT WILL BE FILED WITH THE PROBATE COURT.
9. DRESS CODE: YOU MAY BE APPEARING BEFORE THE JUDGE, SO PLEASE DRESS APPROPRIATELY. ( No tank tops, shorts, spaghetti straps, t-shirts with in appropriate writing, flip-flop, hats and sunglass must be removed.)

-PLEASE NOTE-

The clerks are not permitted to provide you with legal advice, which includes not being able to tell you what forms to file, how to fill them out, or how to proceed with your case. If you have these types of questions, please consult with an attorney.

-PRIVACY-

Any and all Matters of Probate under consideration in the state of Tennessee are public record
and are available for review in the Office of the County Clerk in the County of filing.

Tennessee Inheritance Tax

The Tennessee Inheritance Tax is a tax upon the privilege of receiving property by transfer because of a decedentís death. The personal representative, or person(s) in possession of property of the decedent is required to file a return of the estate with the following department:

Tennessee Department of Revenue
Andrew Jackson State Office Building
500 Deaderick Street
Nashville, Tennessee 37242

The Tennessee Inheritance Tax Return is due within nine (9) months of the decedentís death, unless an extension of time is granted by the Tennessee Department of Revenue. Please contact an Attorney or a Certified Public Accountant for assistance in preparing the Tennessee Inheritance Tax Return.

The Inheritance Tax Closing form, procured from the Tennessee Department of Revenue, must be presented to the Probate Clerk of the County Clerkís office at or before the closing of the Probate case. Outstanding orders to close will not be signed by the Judge unless an Inheritance Tax Closing Letter has been properly filed.

Inheritance Tax Exemptions

If the gross estate of a Tennessee resident decedent is less than the single exemption allowed by Tennessee Code Annotated Section 67-8-316, the representative of the estate may file the Short Form Inheritance Tax Return; otherwise a Long Form Inheritance Tax Return is required. Tennessee Inheritance Tax Exemptions:

If the decedent died between January 1, 1990 and June 30, 1998 the allowable exemption is $600,000.00.
If the decedent died between July 1, 1998 and December 31, 1998 the allowable exemption is $625,000.00.
If the decedent died in 1999 the allowable exemption is $650,000.00.
If the decedent died in 2000 or 2001 the allowable exemption is $675,000.00.
If the decedent died in 2002 or 2003 the allowable exemption is $700,000.00.
If the decedent died in 2004 the allowable exemption is $850,000.00.
If the decedent died in 2005 the allowable exemption is $950,000.00.
If the decedent died in 2006 or thereafter the allowable exemption is $1,000,000.00.

For further information and assistance regarding Tennessee Inheritance Tax please contact the following:

Tennessee Department of Revenue
Andrew Jackson State Office Building
500 Deaderick Street
Nashville, Tennessee 37242
(615) 741-2594 or 1-800-342-1003

Please visit the website for more information and forms regarding Tennessee Inheritance Tax.

Probate Fees

Revised June 1, 2016

Estates

$369.50 – For opening and closing an estate other than a small estate. This includes 1 letter testamentary or letters of administration.  Each additional letter is $6.00.

$180.50-- For filing a small estate affidavit.
$11.00 – For filing and docketing claims, giving release on each claim, the claimant is charged.
$42.00 – For Filing exceptions to claims against estates, mailing notices and entering the order.

Guardianships and Conservatorships

$299.50 – Standard filing fee that includes costs for filing the request for letters of guardianship and Conservatorship, issuing all initial process, cost bond, entering the order, issuing certificates of guardianship and conservatorship, and services for the final accounting and order closing the case.

Category Two Probate Fees

$239.50 – For filing a new request for removal of disabilities of minor, incompetence, legitimation cases, name changes, correction of birth certificate, habeas corpus cases.

Other Miscellaneous Probate Fees

$12.00 – For entering any order on an existing case other than closing order not otherwise
$6.00 – For issuing summons, subpoenas, citations, writs and notices, including copies of process when required by law, other than the initial process in probate matters.
$45.00 – For filing, reviewing, recording annual or interim settlement or accounting and entering order approving settlement.
$6.00 – For each additional letters testamentary, administration, guardianship or conservatorship.

-- Sheriff Fees on Service not included. --

Creditors Notice

$135.00 – Daily News Journal

$125.00 - Main Street Media