Estate Planning & Probate in Smith County, Tennessee
Smith County estate questions split two ways—planning so your family skips probate, or settling an estate that is already in it. This page points you to the right path—planning ahead, or settling an estate at the Chancery Court.
The Probate Process in Smith 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 Smith County, probate runs through the Chancery Court at 322 Justice Drive, Suite 105, Carthage. The court sits in the 15th Judicial District. Smith County shares the 15th Judicial District with Jackson, Macon, Trousdale and Wilson.
Full Smith County probate guide: cost, how to file & attorneys →Probate Court Record
Smith County Chancery Court
Smith County · 15th Judicial District
Phone
Hours
Office
Website
Self-represented filing
How to file probate in Smith County →
Verified October 16, 2026 · Source
Recording Office Record
Register of Deeds
Smith County
Phone
Hours
Office
Website
Recording fee
Verified October 17, 2026 · Source
Vital Records Office Record
Local Health Department
Smith County · Smith 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
Smith County · Smith County Medical Examiner
Phone
Hours
Office
Website
Serves this county
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Chancery Court
The Chancellor sits in Smith County three times a year (the first full week of February, June, and October) for trials; motion days for matters of fifteen minutes or less are held in Wilson County (Lebanon) the first and third Friday of each month for all five counties of the 15th Judicial District.
A self-represented party provides photo identification to the clerk when filing, with proof of current address, telephone number and email address if available. The petition to open an estate goes to the Clerk and Master, and the personal representative comes in person so the oath can be taken before the Clerk.
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 Smith County.
Is this your situation?
Get a complete guide for your specific circumstances.
