Baker Donelson is a national firm whose Tennessee trusts and estates attorneys work from Nashville, Memphis and Chattanooga. The group probates wills, assists executors and trustees in settling estates and trusts, prepares estate tax returns and litigates family and fiduciary disputes. It also handles post-mortem tax planning and guardianship and conservatorship proceedings.
What to Do When Someone Dies in Shelby County, Tennessee
How probate works in Shelby County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Shelby County Probate Court
Shelby County · 30th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
140 Adams Avenue, Room 124, Memphis, TN 38103
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
E-filing
OptionalThe Probate Court accepts documents from registered users of the Shelby County eFlex e-filing system. Small estate petitions are filed in person.
Filing in person
Walk-ins acceptedJudges hear small estate petitions on a walk-in basis Monday through Thursday, 9:00 a.m. to noon. Paperwork completed and entered by the Clerk's Office by 11:00 a.m. is heard the same day; later petitions, and those filed after 11:00 a.m. Thursday or on Friday, are heard the next business day.
Self-represented filing
AllowedThe Probate Court's forms page carries the small estate petition for limited letters of authority, its consent form and the small estate procedures, along with the estate oath, inventory, accounting and claim forms. A filer may apply for a fee waiver with an Indigency Affidavit.
Accepted payment
- At the counterCheck, 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.
Fax
1-901-222-3756
About the court
- Shelby County has a separate Probate Court, one of two in Tennessee. The Probate Court Clerk is a separately elected office that keeps the court's filings and forms.
Verified October 16, 2026 · Source
How Probate Works in Shelby 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 Shelby County, probate runs through the Probate Court at 140 Adams Avenue, Room 124, 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. 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 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 124, Memphis. The court is part of the 30th Judicial District.
Procedures at this court that affect cost: Probate Court publishes its own filing fee schedule, effective January 1, 2026.
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)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 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 21 Tennessee counties that accept probate e-filing; most probate courts in the state still take filings on paper.
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 Shelby County Self-Filing Assessment.
Shelby 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
Shelby County has its own Probate Court and Probate Court Clerk
Shelby County's Probate Court hears wills and estates, conservatorships, guardianships and name changes. Probate filings go to the Probate Court Clerk's Office at 140 Adams Avenue, Room 124, Memphis.
SourceSmall estate petitions: in person, a background check, and amendments within one year
Small estate petitions are filed in person and fees are paid before the petition goes to a judge. The affiant undergoes a background check, and a petition may be amended only within one year of the original filing.
SourceDocument Requirements
Small estate affidavits attach proof of the assets' nature and value
A small estate affidavit carries documentation confirming the nature and value of the assets it lists. Where a beneficiary is a minor, the parents sign a pleading about the minor and appear before the Court to receive the funds.
SourceWhat to Bring
Filed with the opening petition at the Probate 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 Shelby County
In Tennessee a death is registered locally, and in Shelby County certified copies of the death certificate are issued by Shelby County Health Department, Office of Vital Records as well as by Tennessee Department of Health - Office of Vital Records.
Vital Records Office Record
Local Health Department
Shelby County · Shelby County Health Department, Office of Vital Records
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
814 Jefferson Avenue, Memphis, TN 38105
Website
Order online
Office of Vital Records
Room 100
814 Jefferson Avenue
Memphis, TN 38105
Local rule
- A second counter, the Vital Records East Office at 1826 Sycamore View Road in Memphis, keeps the same hours. Death certificates for Shelby County deaths before 1955 come from the County Clerk's Office at 150 Washington Avenue, Memphis.
Burial and cremation permits
- Issued byShelby County Health Department, Office of Vital Records
Certified copy fees
| First certified copy | $15 |
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Shelby County · West Tennessee Regional Forensic Center
Mail and offices
Fax
1-901-222-4645
Verified November 1, 2026 · Source
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 at 1075 Mullins Station Road, Building W3, Suite W165, Memphis, TN 38134. Phone: 1-901-222-8100. Hours: Monday-Friday 8:00 AM-4:15 PM.
The Register of Deeds charges $10 for the first 2 pages plus $5 for each page beyond 2.
Shelby County accepts electronic recording.
Recording Office Record
Register of Deeds
Shelby County
Phone
Hours
Monday-Friday 8:00 AM-4:15 PM
Office
1075 Mullins Station Road, Building W3, Suite W165, Memphis, TN 38134
Website
E-recording
Fax
1-901-222-8134
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 Shelby County
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, 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.
Downtown Memphis firm on North Court Avenue, founded in 1904, whose estate group represents clients on all probate matters. It handles estate and trust administration, represents trust departments, trustees, personal representatives and beneficiaries, advises on estate, gift and fiduciary income tax returns and negotiates with the IRS, and handles guardianships and conservatorships.
Evans Petree PC has practiced in Memphis since 1907, with a second Memphis office and one in Brentwood. Its tax, trusts and estate planning group represents executors, trustees and administrators in probate and trust administration, prepares fiduciary tax returns, and handles will contests and breach of fiduciary duty actions.
Glankler Brown has practiced in Memphis since 1918, and several of its probate attorneys sit as Special Judges in the Probate Court of Shelby County. They handle estate and trust administration, estate and fiduciary tax returns, conservatorships and guardianships, and disputes among interested parties to an estate or trust.
Griffin, Clift, Everton & Maschmeyer, PLLC is a Memphis real estate and business firm of more than 75 years. Member Thomas L. Maschmeyer, Jr. administers estates through and outside probate, administers trusts, and has served as a substitute judge in the probate court of Shelby County. He also drafts trusts, wills and powers of attorney.
Martin, Tate, Morrow & Marston, founded in Memphis over 100 years ago, practices from Memphis and Nashville. It assists personal representatives and trustees with estate and trust administration in Tennessee, Mississippi and Arkansas, including estate tax returns and IRS disputes, and handles will contests, guardianships and conservatorships. Members include ACTEC fellows.
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)
- Shelby County Probate Court, official page
- Shelby County Register of Deeds, official page
- Shelby 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
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