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By Private Act, the General Sessions Judge 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.
The Clerk is located at:
The General Sessions Judges Office is located at:
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:
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.
SMALL ESTATE ADMINISTRATION PROCEEDINGS IN
THE PROBATE COURT OF
RUTHERFORD COUNTY, TENNESSEE.
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 AFFIDAVIT
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 + $54.85 LITIGATION FEE
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.)
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.
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