Tennessee probate · Rutherford County

Probate in Rutherford County, Tennessee

Everything here is the county itself: which office takes the filing, who runs it, what to carry in the door, 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 Pages still describing the old affidavit are out of date, and the clerk's office will turn you around.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 Rutherford County is handled by the Clerk and Master of the Chancery Court, on the square in downtown Murfreesboro. That office receives the petition, issues the Letters, and holds the file until the estate closes.

Clerk and Master
Adam Dodd
Office
Room 302, Judicial Building, 20 Public Square North, Murfreesboro, TN 37130
Phone
615-898-7860
Email
adam.dodd@rutherfordcountytn.gov

Call before you drive down. Filing costs, accepted payment, and whether a particular matter needs a hearing date all change, and the office will tell you in two minutes what a web page cannot.

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 the county entertains it in a given case is a question for the Clerk and Master.

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. 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