Tennessee probate · Sumner County

Probate in Sumner County, Tennessee

Which office takes the filing in Gallatin, who runs it, what it costs in 2026, 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 Pages still describing the old affidavit are out of date, and the clerk's office will turn you around.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 Sumner County is filed in Chancery Court through the Clerk and Master, in Room 3600 of the courthouse on East Main Street in Gallatin. Chancellor Louis W. Oliver, III presides, in courtroom 5B. Filings are accepted in person, by mail, by fax, or electronically through Tybera.

Two local rules to know. Probate hearings have been held in person only with the Chancellor's prior permission since February 2023. And the office takes no personal checks; paying by card adds three dollars or three percent, whichever is larger.

Court
Chancery Court
Clerk and Master
Mark T. Smith
Office
Sumner County Courthouse, 155 East Main Street, Room 3600, Gallatin, TN 37066
Probate phone
615-451-6036
Email
SumnerClerkandMastersOffice@tncourts.gov
Hours
8:00 am to 4:30 pm, Monday to Friday

What it costs

FilingCost
Small estate$384.50
Testate estate petition$384.50
Intestate administration petition$384.50
Muniment of title$384.50
Probate in solemn form$384.50
Appointing an administrator ad litem$384.50
Add publication through an approved newspaper$55.00
Guardianship or conservatorship$384.50
Annual accounting$75.00
Filing a claim against an estate$50.00

As of January 1, 2026. Each petition fee includes a $275.00 clerk's fee plus litigation taxes. With publication the usual total is $439.50. No personal checks. 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, about an hour from the Gallatin courthouse. 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