Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Benton County, probate runs through the Chancery Court at 1 Court Square, Room 206, Camden. The court sits in the 24th Judicial District. The same 24th Judicial District also serves Carroll, Decatur, Hardin and Henry.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Tennessee intestacy law when there is no will.
Most Tennessee estates take 9 months to 15 months to move through this process. Creditors have 4 monthsT.C.A. §§ 30-2-306, 30-2-307, 30-2-310, 30-2-314, 30-2-317Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Benton County
What probate costs in Benton County, Tennessee comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Chancery Court at 1 Court Square, Room 206, Camden. The court is part of the 24th Judicial District.
Tennessee charges $275Tenn. Code Ann. § 8-21-401(c)(1) (as enacted by Pub. Ch. 486, HB 487, 114th Gen. Assemb., eff. 1/1/2026)Verified Oct 17, 2026 to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Tennessee are negotiated, typically 1.7%Modeled estimate under T.C.A. § 30-2-317(a)(1) (reasonable compensation to the personal representative's counsel, a first-priority cost of administration); § 30-2-606; no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.7%Modeled estimate under T.C.A. § 30-2-317(a)(1) (reasonable compensation to the personal representative's counsel, a first-priority cost of administration); § 30-2-606; no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Tennessee allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payT.C.A. § 30-2-606 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Tennessee requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under T.C.A. § 30-1-201(a) (bond required unless the will excuses it, the PR is the sole beneficiary, the adult beneficiaries consent, or § 45-2-1005 excuses a bank); § 30-1-201(a)(2) (penal sum)Verified Sep 8, 2026View source of estate value annually.
Probate in Tennessee typically runs 9 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Chancery Court
Probate cases in Benton County are filed at the Chancery Court. File in person during business hours or by mail. The court sits in the 24th Judicial District.
Can You File Without an Attorney?
Tennessee has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Clerk & Master maintains the case files for both the Chancery and Probate Courts
The Benton County Clerk & Master handles case files for both the Chancery and Probate Courts, including estate administration, muniment of title, and small estate affidavits.
Filed with the opening petition at the Chancery Court: Verified petition for letters with the contents required by Tenn. Code Ann. § 30-1-117 (petitioner, decedent, heirs/devisees, value estimate unless bond waived); Original will and any codicils, attached to the petition as an exhibit and lodged for probate (if testate); Proof of will (self-proving affidavit, or affidavit/testimony of an attesting witness) where the will is not self-proving; Oath of the personal representative for faithful performance (before the judge, clerk, or notary) (Tenn. Code Ann. § 30-1-111); Order admitting the will to probate / granting lettersTenn. Code Ann. §§ 30-1-101 (letters required), 30-1-102 / 32-2-101 (venue), 30-1-106 (intestate priority), 30-1-111 (oath), 30-1-117 (verified petition contents)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Benton County
In Tennessee a death is registered locally, and in Benton County certified copies of the death certificate are issued by Benton County Health Department as well as by Tennessee Department of Health - Office of Vital Records.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.
Deeds and other real property documents for Benton County are recorded with the Register of Deeds at 1 Courtroom Square, Room 105, Camden, TN 38320. Phone: 1-731-584-6661.
The Register of Deeds charges $10 for the first 2 pages plus $5 for each page beyond 2.
Tennessee uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Benton County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Tennessee are based on reasonable compensation, billed hourly or as a flat fee. Ask a Benton County firm to quote a structure up front.
A probate attorney files the petition with the Chancery Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
HAT Law is a multi-state firm with a Tennessee office on West Wood Street in Paris, serving Henry, Carroll, Benton, Weakley and Stewart counties. It guides personal representatives through probate and estate administration with or without a will, from probate filings and asset collection to creditor matters and final distribution, and handles will and trust disputes and conservatorships.
PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 3 more
Hawley & McCadams practices from downtown Paris in Henry County and has served northwest Tennessee since 1971. Its estate work covers estate probate, wills and trusts, powers of attorney, living wills and conservatorships. Hansel J. McCadams served 16 years as Henry County General Sessions, Juvenile, and Probate Judge before joining the firm.
PracticesEstate PlanningProbateConservatorshipPowers Of Attorneyand 2 more
Whitworth Law Firm practices from Main Street in Camden and serves the Benton County community. The firm prepares wills and estate plans and assists families with probating a will after a death, and John W. Whitworth focuses on real estate, estate planning, probate and insurance defense. He also serves as Benton County General Sessions and Juvenile Judge.
PracticesEstate PlanningProbateFamily LawPersonal Injuryand 2 more
Mason & Associates practices from Gallatin in Sumner County, serving clients throughout Tennessee and Kentucky in elder law and estate planning only. It handles probate and trust administration, with a free 30-minute probate consultation by phone, in person or by video, and conservatorship petitions. Jake Mason is board-certified in both elder law and estate planning.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 6 more
Mobley & Gontarek practices from Nashville and serves clients throughout Tennessee. It settles complex estates and trusts, prepares federal and state estate tax returns, handles estate tax audits, and litigates will contests, undue-influence and elective-share claims and trust disputes for fiduciaries and beneficiaries. Jeff Mobley is an ACTEC Fellow and co-author of the Pritchard wills treatise.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more
Music City Estate Law has offices in Franklin and Nashville and states that it serves all of Tennessee. It walks executors through Tennessee probate, from the petition and creditor notice to the inventory, the TennCare release and closing, and guides successor trustees through trust administration. The firm also drafts Tennessee dynasty trusts and domestic asset protection trusts.
PracticesEstate PlanningTrust AdministrationProbateAsset Protectionand 3 more
Office
1650 Murfreesboro Road, Suite 130Franklin, TN 37067
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Tennessee statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Tennessee
Free tools for settling an estate in Tennessee: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Tennessee.
How Do I Settle an Estate?
Settling an estate in Tennessee: the personal representative files the estate inventory within 60 daysTenn. Code Ann. § 30-2-301Verified Sep 15, 2026View source of appointment; creditors have 4 monthsT.C.A. §§ 30-2-306, 30-2-307, 30-2-310, 30-2-314, 30-2-317Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Tennessee happens outside court: the trustee acts under the state's Uniform Trust CodeTenn. Code Ann. § 35-15-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysTenn. Code Ann. § 35-15-813(b); § 35-15-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Tennessee has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
Enter the estate value to see Tennessee attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Tennessee lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
