What to Do When Someone Dies in Madison County, Tennessee

How probate works in Madison County: the Chancery Court record, what the process costs, and how to file there.

Probate Court Record

Madison County Chancery Court

Madison County · 26th Judicial District

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

100 East Main Street, Jackson, TN 38301

Files probate

Probate staff

Self-represented filing

Allowed

Self-represented filing

AllowedA case can be filed without an attorney. The office gives no legal advice and provides no forms.

Accepted payment

  • At the counterChancery Court civil fees can be paid online from the court's Online Payments page. Call (731) 423-6068 for the amount due before paying online.

Verified October 16, 2026 · Source

How Probate Works in Madison County

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 Madison County, probate runs through the Chancery Court at 100 East Main Street, Suite 200, Jackson. The court sits in the 26th Judicial District. Madison County shares the 26th Judicial District with Chester and Henderson.

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 Madison County

What probate costs in Madison 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 100 East Main Street, Suite 200, Jackson. The court is part of the 26th 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 Madison County are filed at the Probate staff of the Chancery Court. File in person during business hours or by mail. The court sits in the 26th 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.

For a full cost comparison and filing checklist, see the Madison County Self-Filing Assessment.

Getting to the Chancery Court

Parking

Short-term parking surrounds the courthouse. For longer than an hour, city lots sit between Main and Baltimore Streets two blocks west, between Main and Lafayette Streets two blocks east, and at Highland Avenue and College Street.

What to Bring

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 Madison County

In Tennessee a death is registered locally, and in Madison County certified copies of the death certificate are issued by Madison County Health as well as by Tennessee Department of Health - Office of Vital Records.

Vital Records Office Record

Local Health Department

Madison County · Madison County Health

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

804 North Parkway, Jackson, TN 38305

Certified copies

Issued the same day

Fax

1-731-927-8600

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Madison County · Madison County Medical Examiner

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

850 R.S. Gass Boulevard, Nashville, TN 37216

Serves this county

Middle Tennessee Regional Forensic Center

Mail and offices

Fax

1-615-743-1890

Verified November 2, 2026 · Source

Transferring Property in Madison 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 Madison County are recorded with the Register of Deeds at 100 East Main Street, Suite 109, Jackson, TN 38301. Phone: 1-731-423-6028. Hours: Monday-Friday 9:00 AM-5:00 PM.

The Register of Deeds charges $10 for the first 2 pages plus $5 for each page beyond 2.

Recording Office Record

Register of Deeds

Madison County

Hours

Monday-Friday 9:00 AM-5:00 PM

Office

100 East Main Street, Suite 109, Jackson, TN 38301

Fees

Recording fees

Base fee (first 2 pages)$10
Each page beyond 2$5
Register's Data Processing FeeRequired with most deeds$2
Additional Instrument Fee$5
Electronic Filing (eFile) Submission Fee$2
Transfer Tax Receipt FeeRequired with most deeds$1

Tenn. Code Ann. 8-21-1001(b)(3)-(5), (c), (j); 67-4-409(a), (d)(3)

Verified October 17, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Madison County

Tennessee uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Madison 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 Madison 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.

FirmSavannah, TN

Hagenbrok & Hagenbrok PLLC

Serves 17 counties

Hagenbrok & Hagenbrok PLLC is a two-attorney Savannah firm serving Hardin County and clients in Tennessee, Mississippi and Arkansas. Its estate work is planning: wills, trusts, living wills, powers of attorney, and advice on moving assets into a trust or to heirs, including with Medicaid eligibility in view. It also handles real estate, business and family law.

PracticesEstate PlanningMedicaid PlanningBusiness LawFamily Lawand 2 more

Office
60 Brazelton Street, Suite 8Savannah, TN 38372

Solo PracticeJackson, TN

The Law Office of Nancy L. Choate, P.C.

Serves 1 county

Jackson estate planning and elder law practice whose probate and estate administration work covers inventories of the estate, tax returns and distribution to the heirs and charities named in the will or trust. Nancy L. Choate also handles trust administration, guardianships and conservatorships, Medicaid and veterans benefits planning, and special needs trusts.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 6 more

Office
403 N. Parkway, Suite 201Jackson, TN 38305

Solo PracticeJackson, TN

Waldrop & Hall, P.A.

Since 1926 · Serves 1 county

Waldrop & Hall practices from downtown Jackson in Madison County and traces its founding to 1926. Partner Hailey H. David assists executors with inventories, debts and notices, using small estate procedure, affidavits of heirship and muniment of title where they fit. She also litigates will and trust contests and fiduciary-breach claims, and handles conservatorships.

PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 6 more

Office
112 South Liberty Street, Suite 321Jackson, TN 38301
Free consultation

FirmUnion City, TN

Elam, Glasgow & Chism

Serves 8 counties

Union City civil and family law firm serving Obion, Gibson, Henry, Dyer, Weakley, Carroll, Madison and Lake counties. Its lawyers prepare wills, powers of attorney and living wills, and guide families through the estate process after a loved one dies. Attorneys James M. Glasgow Jr. and Randy N. Chism also handle divorce, custody, injury and workers compensation cases.

PracticesEstate PlanningProbateFamily LawPersonal InjuryReal Estate

Office
115 W. Church Street, Second FloorUnion City, TN 38261

FirmMemphis, TN

The Bailey Law Firm, A P.C.

Since 1996 · Serves 6 counties

The Bailey Law Firm practices from East Memphis and serves Shelby, Tipton and Fayette counties and North Mississippi. Its attorneys represent executors and administrators in probate and handle trust administration, will contests and conservatorships. Probate matters are billed on a combination of hourly rates and percentage fees; planning documents carry fixed fees.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 10 more

Office
5100 Wheelis Drive, Suite 215Memphis, TN 38117

FirmNashville, TN

The Higgins Firm Estate Group

Serves 15 counties

Higgins Estate Group works from Hart Street in Nashville and appears regularly in the Davidson, Williamson, Rutherford, Wilson and Sumner probate courts. It handles full and small estate administration, muniment of title and creditor claims, with no upfront probate costs for qualified estates, and litigates will contests, executor misconduct and partition actions.

PracticesEstate PlanningProbateProbate LitigationConservatorshipand 4 more

Office
200 Hart StreetNashville, TN 37210
Free consultation
See all 11 firms serving Madison County →

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.

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Legal Sources

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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.

Get the Answer

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