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Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in DeKalb County can expect.
Before starting probate at the Chancery Court, most families want to know what it will cost. The total depends on a few factors: filing fees, attorney fees, and the complexity of the estate.
In Tennessee, attorney fees are based on reasonable compensationT.C.A. §§ 30-2-606, 30-1-407 (reasonable compensation; no statutory percentage)Verified May 1, 2026 and typically run 2%T.C.A. §§ 30-2-606, 30-1-407 (reasonable compensation; no statutory percentage)Verified May 1, 2026 to 4%T.C.A. §§ 30-2-606, 30-1-407 (reasonable compensation; no statutory percentage)Verified May 1, 2026 of estate value. For simpler estates, flat-fee arrangements with Smithville-area attorneys are common.
Get a cost breakdown based on estate value and complexity:
Court filing fees to open probate are $275TCA § 8-21-401(c)(1) (PC 486 / HB487, 114th GA)Verified May 1, 2026 in Tennessee, plus additional fees for motions and final accounting.
Attorney fees in DeKalb County typically range from 2%T.C.A. §§ 30-2-606, 30-1-407 (reasonable compensation; no statutory percentage)Verified May 1, 2026 to 4%T.C.A. §§ 30-2-606, 30-1-407 (reasonable compensation; no statutory percentage)Verified May 1, 2026 of estate value, though many local attorneys offer flat-rate arrangements for straightforward cases. Executor compensation in Tennessee is 2%T.C.A. §§ 30-2-606, 30-1-407 (reasonable compensation; no statutory percentage)Verified May 1, 2026 to 4%T.C.A. §§ 30-2-606, 30-1-407 (reasonable compensation; no statutory percentage)Verified May 1, 2026 of estate value based on reasonable payment for time and effort managing the estate.
Tennessee requires creditor notice publication in a local DeKalb County newspaper, usually $200-$500. If the estate includes real property or business interests, expect appraisal fees of $300-$600 per asset.
The Chancery Court may require a surety bond unless the will explicitly waives it. When required, annual premiums run about 0.5%T.C.A. § 30-1-201Verified May 1, 2026 of estate value.
These costs accumulate over 9 monthsT.C.A. §§ 30-4-102/30-4-103 (small estateVerified May 1, 2026 to 15 monthsT.C.A. §§ 30-4-102/30-4-103 (small estateVerified May 1, 2026—the typical timeline for probate at the Chancery Court. The 4 monthsT.C.A. § 30-2-306(b) (4 months from publication); § 30-2-307(a)(1) (60 days from actual notice); § 30-2-310 (12-month outer limit)Verified May 1, 2026 creditor claim period accounts for much of this wait, and expenses compound as executors manage assets during this period.
Data sourced from Tennessee statutes and official state code. How we research.
Total probate costs usually run 3–8% of the estate value. For DeKalb County, that means filing fees ($275 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
The petition to open probate costs $275 in DeKalb County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
Tennessee uses "reasonable fees" — usually hourly billing or a percentage of the estate. Typical range is 2%–4% of estate value, negotiable based on complexity.
Tennessee allows "reasonable" executor compensation, typically 1–5% of estate value depending on complexity. Family executors often waive fees because the fee is taxable income while an inheritance is not.
Yes. Tennessee estates under $50,000 can use a Small Estate Probate Act Petition and avoid most probate costs. Check the Tennessee self-filing assessment to see if this applies.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of DeKalb County probate.
DeKalb County
1 Public Square, Room 302
Smithville, TN 37166
Phone:
615-597-4360Hours:
Monday - Friday, 8:00 AM - 4:30 PM
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.

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