What to Do When Someone Dies in Hamilton County, Tennessee
Probate in Hamilton County runs through the Chancery Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Hamilton County, settling their estate runs through the Chancery Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Chancery Court
Hamilton County · 11th Judicial District
Address
625 Georgia Avenue, Suite 300Chattanooga, TN 37402
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 Hamilton County, probate runs through the Chancery Court at 625 Georgia Avenue, Suite 300, Chattanooga. The court sits in the 11th Judicial District. Electronic probate filing sets Hamilton County apart — only 20 Tennessee counties accept it, with the rest filing on paper.
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. The 4 monthsT.C.A. § 30-2-306(b) cl. (1)(A) (4 months from the date of first publication or posting); § 30-2-306(b) cl. (1)(B) (60 days from receipt of actual notice, where actual notice arrives within 60 days of the 4-month date); § 30-2-306(b) cl. (2) and § 30-2-310(a) (12-month outer bar from the date of death); § 30-2-307(a)(1) (claims barred unless filed within the period prescribed in the § 30-2-306(b) notice); § 30-2-321 (that period is computed from the date of first publication). Verified 2026-09-08.Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Hamilton County
What probate costs in Hamilton 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 625 Georgia Avenue, Suite 300, Chattanooga. The court is part of the 11th Judicial District.
Local procedures at this court that affect cost: Sworn Statement in Lieu of Final Accounting required even when accountings are waived. These are county-specific and not posted on the statewide court site.
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). Re-verified 2026-09-08 against the enrolled act at publications.tnsosfiles.com/acts/114/pub/pc0486.pdf, whose "FILING FEES IN COURTS ADMINISTERING ESTATES" table reads "Probate estates (including general administrations, small estates, insolvent estates, and muniment of title); conservatorships; or guardianships — $275 [as of January 1, 2026] / $300 [2027] / $325 [2028]", and whose SECTION 9 reads "This act takes effect January 1, 2026, the public welfare requiring it." No later act amends the section: all 1,142 published public chapters of the 114th Gen. Assemb. were downloaded and scanned 2026-09-08 (positive control "Tennessee Code Annotated" matched 1,136 of 1,142; nonsense control 0) — the only chapters mentioning § 8-21-401 are Pub. Ch. 268 and Pub. Ch. 1115, both of which merely CROSS-REFERENCE it (expunction clerk fees; victims assistance assessment) rather than amend it. Corroborated by Davidson Co. (Nashville) Probate Court 2026 fee schedule ($334.50 total = $275 base + state litigation tax).Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Chancery Court accepts e-filing (https://go.tybera.net/tncis/). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Tennessee are negotiated, typically 1.7%T.C.A. § 30-2-317(a)(1) (attorney fees are a first-priority cost of administration — "reasonable compensation to the personal representative and the personal representative's counsel"); see also § 30-2-606. No statutory percentage or fee schedule.Verified Sep 8, 2026View source to 2.7%T.C.A. § 30-2-317(a)(1) (attorney fees are a first-priority cost of administration — "reasonable compensation to the personal representative and the personal representative's counsel"); see also § 30-2-606. No statutory percentage or fee schedule.Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Tennessee requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%T.C.A. § 30-1-201(a) (bond required unless the will excuses it, the PR is the sole beneficiary, all adult beneficiaries consent, or the PR is a bank excused under § 45-2-1005); § 30-1-201(a)(2) sets the penal sum at not less than the value of the estate subject to administration and not more than double it. Verified 2026-09-08.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 documents in Hamilton County can be filed in person at the Chancery Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 11th Judicial District.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Chancery Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
All probate matters assigned to Part 2 of Chancery Court
All matters pertaining to probate and the construction of trusts are assigned to Part 2 of the Chancery Court. The Clerk prepares orders confirming reports of the Master on accountings and settlements, and authorizing the initial issuance of letters. Common form probate petitions and small estates may be heard by the Clerk or the Court; bond is required in all small estates.
Source: 11th Judicial District Local Rules of Civil Practice, Rules 5.01, 8.01, 17.04-17.06 (https://www.hamiltontn.gov/pdf/courts/ClerkMaster/Local%20Rules%20of%20Civil%20Practice%20January%2012%202022.pdf)
Document Requirements
Verified claims against estates filed in triplicate
Verified claims must be filed with the Clerk in triplicate with any required supporting documents as provided by statute. The Clerk may decline to accept claims submitted without the statutory fee. The office directs filers to call 423-209-6600 for current court costs.
Source: 11th Judicial District Local Rules of Civil Practice, Rule 17.07 (https://www.hamiltontn.gov/pdf/courts/ClerkMaster/Local%20Rules%20of%20Civil%20Practice%20January%2012%202022.pdf)
Court provides standard probate forms
Numerous probate forms available including petitions for testate administration, sworn statements in lieu of final accounting, stipulations of findings by master, and verified claims against estates.
Source: Hamilton County Chancery Court forms library (https://www.hamiltontn.gov/ClerkMasterForms/default.htm)
Before You Go
Appointment required
An appointment is required to file in person. The daily session of the Probate Division of Chancery Part 2 runs 9:00-10:30 AM, Tuesday through Friday, by appointment only; call or email the Probate clerks to set an appointment (Local Rule 17.01).
Hearing schedule
Probate Division of Chancery Part 2 daily session: 9:00-10:30 AM, Tuesday through Friday, by appointment only. Chancery Part 2 motions are heard at 1:30 PM on the second and fourth Mondays of each month.
What to Bring
To file at the Chancery Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Hamilton County
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 Hamilton County are recorded with the Register of Deeds, led by Marc Gravitt, at 625 Georgia Avenue, Room 400, Chattanooga, TN 37402. Phone: (423) 209-6560. Hours: Monday-Friday 8:00 a.m. - 4:00 p.m.
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 Hamilton 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 — typically 1.7%T.C.A. § 30-2-317(a)(1) (attorney fees are a first-priority cost of administration — "reasonable compensation to the personal representative and the personal representative's counsel"); see also § 30-2-606. No statutory percentage or fee schedule.Verified Sep 8, 2026View source to 2.7%T.C.A. § 30-2-317(a)(1) (attorney fees are a first-priority cost of administration — "reasonable compensation to the personal representative and the personal representative's counsel"); see also § 30-2-606. No statutory percentage or fee schedule.Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Hamilton 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.
Buhrman Law Firm is a cornerstone law firm of Chattanooga for over 50 years. A father-son law firm rated AV by Martindale-Hubbell that practices in the areas of estate planning, wills, trusts, probate, trust and estate administration, business law, tax issues, conservatorships and guardianships, elder law, and Special Needs Trusts.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
Office
345 Frazier Avenue, Suite 210, The Terrace at FrazierChattanooga, TN 37405
Chambliss, Bahner & Stophel, founded in 1886, handles estate planning and administration for Hamilton, Bradley, and Marion county families from Chattanooga's Liberty Tower. The estate team includes resident CPAs, licensed social workers, and two of the few Certified Elder Law Attorneys in the Southeast, handling trusts, special-needs and dynasty trusts, Medicaid planning, and conservatorships.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
Office
605 Chestnut Street, Suite 1700, Liberty TowerChattanooga, TN 37450
Elizabeth Greer Adams Law Group serves Southeast Tennessee from offices in both Dayton (Rhea County) and Dunlap (Sequatchie County). The firm has more than 20 years of experience and provides estate planning, probate, and family law representation across eight counties.
Jelks Law, PLLC is a Chattanooga-based boutique law firm founded in 2010 that specializes in estate planning, business law, and probate law, operating primarily in Tennessee and Georgia. The firm serves the greater Chattanooga area including Soddy Daisy, Red Bank, East Ridge, Ooltewah, Signal Mountain, Cleveland, and communities in north Georgia.
The Burd Law Firm has handled thousands of estate planning and probate matters over the past decade and refined their processes to eliminate unnecessary steps for clients and reduce delays. Alex Burd is licensed in Tennessee, Alabama, and Georgia, serving clients throughout the tri-state area.
Baker Donelson is one of the largest law firms in the U.S., and its Nashville office serves Davidson County and clients statewide. The trusts and estates group handles probate estate administration, revocable and irrevocable trust administration, estate and trust litigation, and estate planning, with tax and fiduciary-litigation support.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more
Office
1600 West End Avenue, Suite 2000Nashville, TN 37203
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Hamilton County Guides
Step-by-step tools for families in Hamilton County, Tennessee.
