Batson Nolan practices from Clarksville and Springfield, serving Montgomery and Robertson counties and nearby Kentucky counties. Its estate attorneys represent individuals and corporate fiduciaries in probate and trust administration, conservatorships and guardianships, and handle will contests, undue influence claims and trust litigation. The firm traces its practice to 1860.
What to Do When Someone Dies in Montgomery County, Tennessee
How probate works in Montgomery County: the Chancery Court record, what the process costs, and how to file there.
Probate Court Record
Montgomery County Chancery Court
Montgomery County · 19th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
2 Millennium Plaza, Suite 101, Clarksville, TN 37040
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
OptionalE-filing is available through the statewide TNCIS system, and the 19th Judicial District Electronic Filing Rules encourage it without requiring it. A self-represented litigant may register as an e-filer, and Tybera charges a convenience fee on each filing.
Self-represented filing
AllowedUnder the 19th District local rules a fiduciary is represented by a Tennessee attorney, except for an application to open a small estate. A fiduciary who is not an attorney may file the annual and final accountings, and the forms page carries small estate forms with and without a will.
County forms
- Small Estate with a WillSmall estate affidavit where the decedent left a will
- Small Estate without a WillSmall estate affidavit where the decedent left no will
- Notice of Hearing (Probate Department)Notice form for setting a hearing in the probate department
- Estate Claim FormForm for filing a creditor claim against an estate
Fax
1-931-648-5759
Verified October 16, 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 21 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. 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 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.
The Chancery Court 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 a probate case. 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 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.
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 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
Fiduciaries are represented by a Tennessee attorney except to open a small estate
All petitions and motions for a fiduciary are filed by a Tennessee attorney, except an application to open an estate under the Small Estates Act. Once an attorney opens an estate, the attorney stays of record until the court allows withdrawal.
SourceCourt Appearances
The Probate Master may hear common form probates, intestate petitions and small estates
Petitions to probate a will in common form, to administer an intestate estate and to open a small estate may be heard by the court or by the Probate Master, after notice to all interested parties. A question of law, or a petition the Probate Master declines, goes to the court.
SourceRemote appearance by WebEx is requested on the court's forms
The forms page carries WebEx request and notice forms for each judicial officer, including one for hearings before the Clerk and Master.
SourceWhat 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 Montgomery County
In Tennessee a death is registered locally, and in Montgomery County certified copies of the death certificate are issued by Montgomery County Health Department as well as by Tennessee Department of Health - Office of Vital Records.
Vital Records Office Record
Local Health Department
Montgomery County · Montgomery County Health Department
Phone
Hours
8:00 AM-12:30 PM and 1:30 PM-4:00 PM
Office
330 Pageant Lane, Clarksville, TN 37040
Website
Fees
Certified copy fees
| First certified copy | $15 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Montgomery County · Montgomery County Medical Examiner
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
850 R.S. Gass Boulevard, Nashville, TN 37216
Website
Serves this county
Middle Tennessee Regional Forensic Center
Mail and offices
Fax
1-615-743-1890
Verified November 2, 2026 · Source
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: 1-931-648-5713. Hours: Monday-Friday 7:30 AM-4:30 PM.
The Register of Deeds charges $10 for the first 2 pages plus $5 for each page beyond 2.
Montgomery County accepts electronic recording through Simplifile, ePN and CSC.
Recording Office Record
Register of Deeds
Montgomery County
Phone
Hours
Monday-Friday 7:30 AM-4:30 PM
Office
350 Pageant Lane, Suite 101-A, Clarksville, TN 37040
Website
E-recording
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
- Free forms: Affidavit of Heirship Form
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, 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.
Estate planning and probate firm with offices in Nashville, Clarksville, Franklin, Springfield, Chattanooga and Hopkinsville, Kentucky. Its attorneys open estates and obtain letters testamentary, handle small estates and real estate transfers, assist trustees with trust administration, and litigate will contests over undue influence and capacity. Fees are flat rates quoted upfront.
Mitchell Ross Rocconi practices from Clarksville and has served Montgomery County for more than 70 years. Its estate planning and probate attorneys guide families through probate and estate administration, petition for guardianships and conservatorships, and counsel heirs when an inheritance dispute arises. Estate planning attorney Michael W. Dale holds an LLM in Taxation.
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.
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.
Vinson & Coffinberry is an Erin firm serving Houston, Stewart, Humphreys, Dickson, Montgomery, Hickman, Cheatham and Davidson counties. Its attorneys probate wills, open estates with or without a will, handle small estate administration, and take conservatorships and guardianships from appointment to termination. W. Sidney Vinson III has practiced in Erin since 1975.
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.
Legal Sources
(8)·
- T.C.A. § 30-2-606 (reasonable compensation; no statutory percentage)
- T.C.A. §§ 30-2-306, 30-2-307, 30-2-310, 30-2-314, 30-2-317
- Tenn. Code Ann. § 8-21-401(c)(1) (as enacted by Pub. Ch. 486, HB 487, 114th Gen. Assemb., eff. 1/1/2026)
- Tenn. 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)
- Tenn. Code Ann. 8-21-1001(b)(3)-(5), (c), (j); 67-4-409(a), (d)(3)
- Montgomery County Chancery Court, official page
- Montgomery County Register of Deeds, official page
- Montgomery County vital records and death investigation offices, official page
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
Hire a Tennessee Probate Attorney
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