Estate Planning & Probate in Rutherford County, Tennessee
Most Rutherford County estate questions come down to one fork: avoid probate before a death, or work through it after one. Start with your situation below; both paths use Rutherford County's actual court and recording details.
The Probate Process in Rutherford 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 Rutherford County, probate runs through the Probate Court (County Clerk's Office) at 319 North Maple Street, Suite 121, Murfreesboro. The court sits in the 16th Judicial District. Rutherford County is one of 21 Tennessee counties that accept probate e-filing; most probate courts in the state still take filings on paper.
Full Rutherford County probate guide: cost, how to file & attorneys →Probate Court Record
Rutherford County Probate Court (County Clerk's Office)
Rutherford County · 16th Judicial District
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
How to file probate in Rutherford County →
Verified October 16, 2026 · Source
Recording Office Record
Register of Deeds
Rutherford County
Phone
Hours
Office
Website
Recording fee
E-recording
Verified October 17, 2026 · Source
Vital Records Office Record
Local Health Department
Rutherford County · Rutherford County Health Department
Phone
Hours
Office
Website
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Rutherford County · Rutherford County Medical Examiner's Office
Phone
Hours
Office
Website
Cremation authorization
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Probate Court (County Clerk's Office)
Probate matters expected to take fifteen minutes or less are heard on the regular probate docket, Tuesday through Friday between 8:30 and 9:00 a.m.; the Judge's Office sets the dates.
By private act the General Sessions Judges serve as the Probate Judge and hear all probate matters. Probate filings, claims against an estate and the estate records are kept in the Office of the County Clerk. A small estate affidavit is filed with a certified copy of the death certificate, an affidavit from each heir not joining in it and a list of the debts owed by the deceased. Consent forms from the spouse and all next of kin accompany the affidavit where bond is to be waived.
Forms for Planning and Settling an Estate in Tennessee
Free Tennessee forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Tennessee.
Last Will and Testament
In Tennessee, a will is signed before 2T.C.A. § 32-1-104Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyT.C.A. § 32-1-104Verified Oct 19, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Tennessee, a pour-over will is signed before 2T.C.A. § 32-1-104Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Tennessee allows a choice for a healthcare power of attorney: 2Tenn. Code Ann. § 68-11-1805; Tenn. Comp. R. & Regs. 0720-36-.13Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Tennessee requires explicit durability language for a power of attorney to survive incapacityT.C.A. §§ 34-6-101 to 34-6-112; §§ 66-22-101, 66-24-101, 66-26-101, 66-26-103Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementT.C.A. §§ 34-6-101 to 34-6-112; §§ 66-22-101, 66-24-101, 66-26-101, 66-26-103Verified Oct 21, 2026View source.
Tools for Planning and Settling an Estate in Tennessee
Free calculators and checklists to plan or settle an estate in Tennessee: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In Tennessee, estates with personal property of $50,000T.C.A. § 30-4-101Verified Sep 8, 2026View source or less qualify for the Small Estate Probate Act PetitionT.C.A. § 30-4-101Verified Sep 8, 2026View source, 45 daysT.C.A. § 30-4-101Verified Sep 8, 2026View source after death, a court procedure short of full probate.
Who Inherits Without a Will?
Without a will in Tennessee, descendants divide what passes to them per capita with representationTenn. Code §§ 31-2-104(b)(1), 31-2-106Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hoursTenn. Code § 31-3-108Verified Oct 21, 2026View source to inherit.
How Much Does Probate Cost?
Probate on a $500,000 estate in Tennessee costs an estimated $24,527T.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 percentageVerified Sep 8, 2026View source. Attorney fees run 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 the estate under a reasonable-compensation standard.
Tennessee Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Rutherford County.
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