What to Do When Someone Dies in Shelby County, Tennessee
Probate in Shelby County runs through the Probate 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 Shelby County, settling their estate runs through the Probate 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.
Paper filing availableE-filing optionalSelf-filing allowed
Accepted paymentCheck, Money order, Credit card. Payment by check, money order, or online payment for e-filings. Self-represented filers may apply for a fee waiver via an Indigency Affidavit.
Shelby County has a separate Probate Court (one of only two in Tennessee). The Probate Court Clerk is a separately elected office that maintains filings and forms. Probate Court Clerk business hours: Monday - Friday, 8:00 AM - 4:30 PM.
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 Shelby County, probate runs through the Probate Court at 140 Adams Avenue, Room 308, Memphis. The court sits in the 30th Judicial District. Probate e-filing in Shelby County runs through efile.shelbycountytn.gov, not the go.tybera.net portal used by most Tennessee counties.
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 Shelby County
What probate costs in Shelby 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 at 140 Adams Avenue, Room 308, Memphis. The court is part of the 30th Judicial District.
Local procedures at this court that affect cost: Probate Court publishes its own filing fee schedule, updated effective January 1, 2026. These are county-specific and not posted on the statewide court site.
The Probate 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). 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 a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Probate Court accepts e-filing (https://efile.shelbycountytn.gov/efile/). 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 Probate Court
Probate documents in Shelby County can be filed in person at the Probate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 30th Judicial District. Shelby County is one of 20 Tennessee counties that accept probate e-filing; most probate courts in the state still take filings on paper.
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.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Shelby County has a dedicated Probate Court separate from Chancery Court
Shelby County is one of only two Tennessee counties (along with Davidson) with a separate Probate Court. All probate matters are filed directly with the Probate Court at 140 Adams Ave., Memphis.
Source: T.C.A. 16-16-101
Document Requirements
Small estate affidavit available for estates under $50,000
For estates with personal property valued at $50,000 or less (excluding real property), a small estate affidavit may be used instead of full probate. T.C.A. 30-4-103.
Source: T.C.A. 30-4-103
Before You Go
Accepted payment
Check, Money order, Credit card. Payment by check, money order, or online payment for e-filings. Self-represented filers may apply for a fee waiver via an Indigency Affidavit.
What to Bring
To file at the Probate 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 Shelby 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 Shelby County are recorded with the Register of Deeds, led by Willie F. Brooks, Jr, at 1075 Mullins Station Road, Building W3, Suite W165, Memphis, TN 38134. Phone: (901) 222-8100. Hours: Monday-Friday 8:00 a.m. - 4:15 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
Shelby County · Willie F. Brooks, Jr.
Address
1075 Mullins Station Road, Building W3, Suite W165Memphis, TN 38134
Tennessee uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Shelby 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 Shelby County firm to quote a structure up front.
A probate attorney files the petition with the Probate 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.
Burch, Porter & Johnson has been serving as estate planning attorneys in the Memphis area for more than a century, founded in 1904. The firm has 27 lawyers in the 2026 edition of Best Lawyers in America, with seven attorneys named "Lawyer of the Year." Services include estate planning, administering estates and trusts, guardianships and conservatorships, and tax planning.
Evans Petree PC, founded in 1907, offers comprehensive tax, trusts and estate planning services in Memphis, Tennessee. The firm has multiple Certified Estate Planning Law Specialists and Best Lawyers in America honorees in its trusts and estates practice.
Glankler Brown has served Memphis and Shelby County since 1918, with 32 attorneys named to Best Lawyers in America. Its Business, Tax and Estate Planning Practice Group handles estate planning, probate, and trust administration.
Griffin, Clift, Everton & Maschmeyer, PLLC is a full-service Memphis law firm with over 75 years of experience serving clients in Tennessee and the Memphis area. The firm handles preparation of wills, probate, estate planning, residential and commercial real estate transactions, and business formation matters.
Martin, Tate, Morrow & Marston has served Memphis and Shelby County for over 100 years. The firm includes members of the American College of Trust and Estate Counsel (ACTEC) and regularly assists personal representatives and trustees with probate and trust administration across Tennessee, Mississippi, and Arkansas.
Parham Estate Law has over 20 years of experience developing effective estate planning options. The firm has offices in Memphis and Henderson, Tennessee and represents clients throughout Shelby and surrounding counties in a variety of estate planning matters.
PracticesEstate PlanningProbateTax PlanningGuardianshipand 3 more
Office
1715 Aaron Brenner Drive, Suite 450Memphis, TN 38120
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Shelby County Guides
Step-by-step tools for families in Shelby County, Tennessee.
