What to Do When Someone Dies in Rutherford County, Tennessee

How probate works in Rutherford County: the Probate Court (County Clerk's Office) record, what the process costs, and how to file there.

Probate Court Record

Rutherford County Probate Court (County Clerk's Office)

Rutherford County · 16th Judicial District

Hours

Monday-Thursday 8:00 AM-4:00 PM; Friday 8:00 AM-5:00 PM

Office

319 North Maple Street, Suite 121, Murfreesboro, TN 37130

E-filing

Self-represented filing

Allowed

Self-help forms

E-filing

OptionalThe Rutherford County Probate Court takes e-filings through the statewide TNCIS e-filing portal, which is open to attorneys and self-represented filers. Tybera charges a convenience fee on each filing.

Self-represented filing

AllowedAn estate of $50,000 or less with no real estate may be opened as a small estate, after a 45-day waiting period from the date of death. The County Clerk posts small estate affidavits with and without a will, the executor inventory and annual accounting forms, and the estate claim form.

Accepted payment

  • At the counterCash, Check, Credit card, Debit card.Court costs are paid at the time of filing in cash, by check or by credit or debit card. The notice to creditors is paid by check only.

Hearing schedule

  • 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.

Verified October 16, 2026 · Source

How Probate Works 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.

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 Rutherford County

What probate costs in Rutherford 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 Probate Court (County Clerk's Office) at 319 North Maple Street, Suite 121, Murfreesboro. The court is part of the 16th 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 Probate Court (County Clerk's Office)

Probate documents in Rutherford County can be filed in person at the Probate Court (County Clerk's Office), by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 16th Judicial District. Rutherford County shares the 16th Judicial District with Cannon.

Beside the filing office, the court lists a separate line for Chancery Court Clerk and Master.

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 Rutherford County Self-Filing Assessment.

Rutherford 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

A General Sessions Judge sits as Probate Judge; the County Clerk is the probate clerk

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.

Source

Document Requirements

Small estate affidavit filing requirements

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.

Source

A TennCare release is filed before an estate closes

An estate in the process of closing files a TennCare Release from the TennCare Administration; a personal representative statement is no longer accepted. The Inheritance Tax Closing form from the Department of Revenue is presented to the probate clerk at or before closing.

Source

Court Appearances

Dress code for small estate filers who may appear before the Judge

A small estate filer may appear before the Judge. Tank tops, shorts, spaghetti straps, t-shirts with inappropriate writing and flip-flops are not allowed, and hats and sunglasses are removed.

Source

What to Bring

Filed with the opening petition at the Probate Court (County Clerk's Office): 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 Rutherford County

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

Vital Records Office Record

Local Health Department

Rutherford County · Rutherford County Health Department

Hours

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

Office

100 West Burton Street, Murfreesboro, TN 37130

Burial and cremation permits

  • Issued byRutherford County Medical Examiner's Office

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Rutherford County · Rutherford County Medical Examiner's Office

Hours

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

Office

910 Old Salem Road, Murfreesboro, TN 37128

Cremation authorization

Signed by this office

Mail and offices

Fax

1-615-713-3207

Verified November 2, 2026 · Source

Transferring Property in Rutherford 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 Rutherford County are recorded with the Register of Deeds at 319 North Maple Street, Room 133, Murfreesboro, TN 37130. Phone: 1-615-898-7870. Hours: Monday-Friday 8:00 AM-4:00 PM.

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

Rutherford County accepts electronic recording through Simplifile, ePN and CSC.

Recording Office Record

Register of Deeds

Rutherford County

Hours

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

Office

319 North Maple Street, Room 133, Murfreesboro, TN 37130

Fax

1-615-898-7987

Verified October 17, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Rutherford County

Tennessee uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Rutherford 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 Rutherford County firm to quote a structure up front.

A probate attorney files the petition with the Probate Court (County Clerk's Office), 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.

Solo PracticeFranklin, TN

Emmack Probate and Estate Law Group

Serves 3 counties

Franklin probate and estate practice serving Williamson, Davidson and Rutherford counties. Shanone Emmack assists executors in administering estates under court supervision and litigates will contests, executor and beneficiary conflicts, breach of fiduciary duty claims and partition of inherited property. She also handles conservatorships, including emergency conservatorships.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
219 Third Avenue NorthFranklin, TN 37064
Free consultation

FirmMurfreesboro, TN

Mitchell & Mitchell

Serves 2 counties

Mitchell & Mitchell practices from Murfreesboro, one block from the Rutherford County courthouse, and from Woodbury in Cannon County. Its wills, trusts and probate practice drafts wills and trusts, including supplemental needs, credit shelter and irrevocable trusts, and guides families through probate. The family-run firm's roots in the two counties go back to 1967.

PracticesEstate PlanningProbateTrustsWills

Office
106 East College StreetMurfreesboro, TN 37130
Free consultation

FirmMurfreesboro, TN

Murfree, Goodman & Rosado, PLLC

Since 1969 · Serves 1 county

Murfree, Goodman & Rosado practices from Murfreesboro in Rutherford County and has handled estate administration since 1969. It identifies assets and debts, opposes creditor claims, represents executors in heirship and family disputes, litigates will and trust contests, and handles trust administration and conservatorships. Its attorneys have served as administrator when no family member can.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
805 South Church Street, Suite 21Murfreesboro, TN 37130

FirmMemphis, TN

Patterson Bray PLLC

Serves 4 counties

Patterson Bray has offices in Memphis and Brentwood, serving Shelby County and Nashville-area clients. Its estate attorneys handle probate and post-death administration of estates and revocable living trusts, and its estate litigators take on will contests, undue influence and breach of fiduciary duty claims. Lindsay Jones is President of the Planned Giving Council of Greater Memphis.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
8001 Centerview Parkway, Suite 103Memphis, TN 38018
Free consultation

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

FirmManchester, TN

Doug Aaron Attorney at Law

Since 1995 · Serves 8 counties

Manchester practice serving Coffee County and the neighboring Franklin, Grundy, Warren, Cannon, Bedford, Moore and Rutherford counties. Its probate work runs from the initial petition through the asset inventory, creditor claims, final accounting and closing of the estate, and it handles contested wills. The firm also takes criminal, family law and personal injury cases.

PracticesEstate PlanningProbateProbate LitigationFamily LawPersonal Injury

Office
100 E Main St.Manchester, TN 37355
Free consultation
See all 13 firms serving Rutherford 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.

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