What to Do When Someone Dies in Montgomery County, Tennessee

Probate in Montgomery 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 Montgomery 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

Montgomery County · 19th Judicial District

Address

2 Millennium Plaza, Suite 101Clarksville, TN 37040

Fax

931-648-5759

Hours

Monday - Friday, 8:00 AM - 4:30 PM
Visit court website →
Paper filing availableE-filing optionalSelf-filing allowed

County forms

Verified July 5, 2026 · Source

How Probate Works in Montgomery 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 Montgomery County, probate runs through the Chancery Court at 2 Millennium Plaza, Suite 101, Clarksville. The court sits in the 19th Judicial District. Montgomery County is one of 20 Tennessee counties that accept probate e-filing; most probate courts in the state still take filings 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 Montgomery County

What probate costs in Montgomery 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 2 Millennium Plaza, Suite 101, Clarksville. The court is part of the 19th 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). 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 Montgomery 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 19th Judicial District. Montgomery County shares the 19th Judicial District with Robertson.

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.

View E-Filing Information

Can You File 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.

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

Montgomery County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

19th Judicial District local rules apply to all chancery filings

Montgomery County Chancery Court practice is governed by the local rules of the 19th Judicial District, published on the Clerk & Master site. Electronic filings are additionally governed by the 19th Judicial District Electronic Filing Rules.

Source

Court Appearances

Remote appearance by WebEx is available on request

The Chancery Court forms page publishes WebEx request and WebEx notice forms for requesting remote appearances in chancery and probate matters.

Source

Montgomery County Forms

This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.

Estate Claim Form

Download

Form for filing a creditor claim against an estate

Small Estate with a Will Form

Download

Small estate affidavit filing where the decedent left a will

Small Estate without a Will Form

Download

Small estate affidavit filing where the decedent left no will

Inventory

Download

Estate inventory filing form

Detailed Final Accounting

Download

Template for the final accounting in an estate

Annual Fiduciary Statement

Download

Annual status report filed by the estate fiduciary

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 Montgomery 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 Montgomery County are recorded with the Register of Deeds at 350 Pageant Lane, Suite 101-A, Clarksville, TN 37040. Phone: (931) 648-5713. Hours: Monday-Friday 7:30 a.m. - 4:30 p.m.

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

Recording Office Record

Register of Deeds

Montgomery County

Address

350 Pageant Lane, Suite 101-AClarksville, TN 37040

Hours

Monday-Friday 7:30 a.m. - 4:30 p.m.
Visit recorder website →

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 Fee$1

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

Verified September 8, 2026 · Source

Probate Attorneys Serving Montgomery County

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

FirmClarksville, TN

Batson Nolan PLC

Since 1860 · Serves 2 counties

Batson Nolan PLC is one of Tennessee's oldest law firms, established in 1860, with offices in Clarksville, Springfield, and Brentwood. The estate planning and probate team handles wills, trusts, powers of attorney, and probate administration for Montgomery County and surrounding areas.

PracticesEstate PlanningTrust AdministrationProbateAsset ProtectionWills

Office
2678 Townsend CourtClarksville, TN 37043
Free consultation

FirmNashville, TN

Crow Estate Planning and Probate, PLC

Since 2019 · Serves 4 counties

Crow Estate Planning and Probate, PLC is a boutique law firm founded in 2019 with offices in Nashville, Clarksville, Franklin, and Springfield. The firm focuses on estate planning, probate, and business planning with transparent flat-rate billing.

PracticesEstate PlanningProbateBusiness PlanningTrustsWills

Office
1503 16th Ave SNashville, TN 37212
Free consultation

FirmClarksville, TN

Mitchell, Ross & Rocconi, PLLC

Serves 1 county

Mitchell, Ross & Rocconi, PLLC has served Clarksville and Montgomery County for more than 70 years, providing estate planning services ranging from simple wills to complex trusts and business succession plans. The firm's nine attorneys bring over 200 years of combined legal experience, with estate planning attorney Michael W. Dale holding an LLM in Taxation.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more

Office
308 South 2nd StreetClarksville, TN 37040

Solo PracticeDover, TN

The Law Office of Olivia Wann & Associates, PLLC

Since 2012 · Serves 4 counties

The Law Office of Olivia Wann & Associates is based in Dover, the county seat of Stewart County. Olivia Wann is licensed in both Tennessee and Kentucky and is a member of WealthCounsel and the National Academy of Elder Law Attorneys, ensuring current expertise in estate planning and trust law.

PracticesEstate PlanningProbateElder LawHealthcare Directivesand 3 more

Office
406 Church StreetDover, TN 37058

FirmErin, TN

Vinson & Coffinberry, P.C.

Serves 7 counties

Vinson & Coffinberry is a long-established Erin, Tennessee firm serving Houston County and surrounding Middle Tennessee areas. W. Sidney Vinson III has practiced in Erin since 1975 and served as Houston County General Sessions & Juvenile Judge from 1990 to 2022.

PracticesEstate PlanningProbateConservatorshipGuardianshipand 4 more

Office
3 Court StreetErin, TN 37061

FirmNashville, TN

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Serves the whole state

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.

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Legal Sources

Data sourced from Tennessee statutes and official state code. How we research.