Tennessee probate · Knox County

Probate in Knox County, Tennessee

Which office takes the filing in Knoxville, who runs it, what it costs in 2026, the local rules that trip people up, and which of the three Tennessee paths your estate is on.

The rule changed in 2023

Tennessee no longer has a small estate affidavit you hand to a bank. The 2023 rewrite of the Small Estate Probate Act replaced it with a sworn petition to the court clerk, who issues Limited Letters. Pages still describing the old affidavit are out of date, and the clerk's office will turn you around.

Where it is filed

Probate in Knox County is heard in the Chancery Court, Probate Division, and filings go to the Office of the Clerk and Master. There is no separate probate court.

The trap here is inside the building. The Clerk and Master runs two counters in the City County Building: Chancery on the first floor in Suite 125, and Probate on the third floor in Suite 352. Same officeholder, different windows. Even the fee schedule's own letterhead prints the Suite 125 address, and every page that describes probate filing says 352. Go to the third floor.

Guardianships and conservatorships are not heard in the Probate Division at all. Those go to the other Chancery division under local rule.

Court
Chancery Court, Probate Division
Clerk and Master
Houston S. Havasy
Office
City County Building, Suite 352, 400 Main Street, Knoxville, TN 37902
Probate phone
865-215-2389
Fax filing
865-215-4289
Records and copies
865-215-4117
Records email
probate.records@knoxcounty.org
Hours
8:00 am to 4:30 pm, Monday to Friday

Before you go

Local rules that change what you should do, and that a statewide guide will not tell you.

  • There is no electronic filing in the Probate Division. Hand delivery, mail, or fax only. Documents sent by email are not considered filed.
  • Fax filing costs $5.00 per filing plus $1.00 per page including the cover sheet, payable within ten days, and the uniform cover sheet is required. The court does not confirm receipt, so a failed transmission is your problem, not theirs.
  • Claims and exceptions to claims must be filed in triplicate. Bring three copies or be turned around.
  • Cost orders have to list each cost-charged person's current home and employment address, and petitions must state residential and employment addresses.
  • Hearings are set by request to the Probate Division office. Once a matter is set before the Clerk and Master, it can only be continued by written court order.

What it costs

FilingCost
Full administration, small estate, muniment of title, or administrator ad litem$389.50
Publication$50.00
Sheriff service, per person$52.00
Filing a claim against an estate$50.00
Exception to a claim$100.00
Interim or annual accounting, and final settlement$75.00
Petition or motion in an open estate$25.00
Re-opening a closed estate$75.00
Additional letters, each$5.00
Any document not otherwise listed$7.00

Effective January 1, 2026. Fees include litigation taxes and exclude sheriff service. One flat opening fee covers every type of estate, large or small. Court costs change by order, so confirm the figure on the day you file.

The three paths

T.C.A. § 30-4-103

Small estate, Limited Letters

Personal property in the person's name alone totalling $50,000 or less, counted without any real estate, and at least 45 days since the death. You file a sworn petition listing every asset and every debt, and the clerk issues Limited Letters you present to the bank. Expect a bond requirement.

T.C.A. § 32-2-101

Full administration, common form

More than $50,000 in personal property, or anything the smaller track cannot carry. A personal representative is appointed, notice to creditors is published, and claims run four months from first publication. Most uncontested estates settle in six to twelve months.

T.C.A. § 32-2-111

Muniment of title

A will admitted for the limited purpose of establishing title, with no personal representative appointed and no administration opened. It fits where nothing needs an administrator. Whether it suits a given case is a question for the clerk's office.

Find which one this estate takes

What to carry in

  • The original will, if there is one. Not a copy. Tennessee wants the original filed with the clerk, and Letters will not issue until it is in.
  • Certified death certificates. Order ten. Every bank, insurer, and plan administrator keeps one.
  • An asset list with date-of-death values, split into what was in the person's name alone and what was not. That split is what decides your path.
  • A debt list with each creditor's name, address, and amount. The small estate petition asks for this by name.
  • Written consents from the other adult heirs, where they agree you should serve.
  • Your own photo identification.

What the clerk will and will not do

The statute directs the clerk's office to assist with the small estate petition, and they do. They will tell you which form, which blanks, where to sign, and what it costs.

They will not tell you whether to open a small estate or a full administration, who inherits, what to do about a disputed will, or how to handle real estate. Those are legal questions, and a clerk answering them would be practicing law. That line is where people get stuck, and it is the line this site exists to help you stand on the right side of.

Hand the paperwork part to me

Every path above starts the same way. Someone has to turn a pile of statements, bills, and titles into one list the court and the family can both read. That is the part I do.

$249 flat. Nothing owed until you have seen it.

I am in Murfreesboro, three hours west, so this is handled by email and scan. Send the county and roughly what the estate holds, and I will tell you exactly what to scan and what to leave alone.

david@handofdavid.com