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Rutherford County Clerk Masthead Image

 


Offices

Murfreesboro
319 N Maple St.
Suite 121
Murfreesboro, TN 37130
Phone: (615) 898-7800
Fax: (615) 898-7830

Smyrna
205 I St.
Smyrna, TN 37167
Phone: (615) 459-9692
Fax: (615) 355-4118

New Location:
Eagleville

Eagleville City Hall
108 S. Main St
Eagleville, TN 37060
(615) 274-2922


Hours of Operation

Murfreesboro/Smyrna
8:00-4:00 Monday-Thursday
8:00-5:00 Friday

Eagleville
Open the first working
day of each week,
(one day per week)
8am-4pm
Office building closing one hour for lunch 12pm-1pm


We accept:
Cash
Checks*


*No out of state checks

 

Probate

Local Rules for Rutherford County Probate Court

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:

319 North Maple Street
Murfreesboro, Tennessee 37130
(615) 898-7800 (ext. 4)

The General Sessions Judges Office is located at:

20 Public Square North
Judicial Building, Suite 301
Murfreesboro, TN 37130
Phone: (615) 217-1138
Fax: (615) 217-1140

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 the Judge 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 frequently asked questions and forms regarding Tennessee Inheritance Tax.

     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 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 + $54.85 LITIGATION FEE        

   TOTAL= $100.85

             

   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.

 

If you have any questions or comments please e-mail countyclerk@rutherfordcountytn.gov.

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