How Long Does Probate Take in Tennessee?

Kylene Ross

Oct 2

5 min read

It depends on the estate. In a regular Tennessee probate, creditors generally have four months from the first published or posted notice to file claims, so most estates stay open at least that long (Tenn. Code Ann. § 30-2-306). Selling a house, disputes over claims, a will contest or hard-to-find heirs can stretch it well past that.

Here are the steps and the clock the law sets for each.

Step 1: Open the estate and get letters

Probate starts with a sworn petition filed in the probate court of the county where the person lived. The petition lists the person who died, the heirs or beneficiaries, the will (if there is one), and an estimate of the estate's value (Tenn. Code Ann. § 30-1-117).

When the court approves the petition, the clerk issues letters testamentary (there is a will) or letters of administration (no will). The letters are the paperwork that lets the personal representative act for the estate. Every other clock runs from here.

Step 2: Notice to creditors (the four-month window)

Within 30 days after the letters are issued, the clerk must publish a notice to creditors in a newspaper for two weeks in a row, or post written notices in three public places in the county (Tenn. Code Ann. § 30-2-306).

A creditor's claim must be filed by the earlier of:

Four months from the first publication or posting, or 60 days after the creditor received an actual copy of the notice, if that copy came less than 60 days before the four-month date; or
Twelve months from the date of death.

(Tenn. Code Ann. § 30-2-306.) Claims not filed in time, or within 12 months of death, are "forever barred," with some exceptions for state claims such as taxes and TennCare (Tenn. Code Ann. §§ 30-2-307, 30-2-310).

That is why the four-month window is the floor. The estate generally cannot finish paying debts and close until the claims period has run.

Step 3: The inventory (60 days)

Within 60 days after taking on the job, the personal representative must file a complete inventory of the probate estate. In the same 60 days, the personal representative must send each beneficiary a copy of their part of the will, or a copy of the letters of administration if there is no will (Tenn. Code Ann. § 30-2-301).

The inventory can be excused if the will excuses it, or if the estate is solvent and all of the residuary beneficiaries excuse it. Any residuary beneficiary can still demand one (Tenn. Code Ann. § 30-2-301).

Step 4: Objecting to claims

If a claim looks wrong, the personal representative or anyone interested in the estate can file a written objection, called an exception. The deadline is 30 days after the four-month claims period ends. For a claim filed after the four months, it is 30 days after the personal representative gets notice of the claim from the clerk (Tenn. Code Ann. § 30-2-314).

If no one objects, this step adds no time. If someone does, the court has to resolve the claim, and if a jury is demanded the claim is tried in circuit court (Tenn. Code Ann. § 30-2-314). That can add months.

Talk to a Lawyer Today

Call (615) 997-7618 to talk with Kylene Ross about your situation. Prefer to write first? Send us a message and we are notified right away.

Step 5: Accountings and closing

Unless they are waived, the personal representative must file an accounting with the clerk within 15 months from qualifying, and then every year until the estate is fully administered (Tenn. Code Ann. § 30-2-601).

Accountings can be waived in a solvent estate if the will waives them, or if all of the residuary beneficiaries file sworn waivers. Even then, a residuary beneficiary can ask the court to require one. When accountings are waived, the personal representative and the residuary beneficiaries can file closing statements any time after the creditor period has expired (Tenn. Code Ann. § 30-2-601).

In plain terms: a simple estate where everyone signs waivers can often be wrapped up soon after the claims period ends. An estate that needs formal accountings follows a longer schedule.

What commonly makes probate take longer

Selling a house or land. Listing, selling and closing on property takes its own time, and the estate may need to keep paying the bills on it until then.
Disputed claims. An exception to a creditor's claim has to be resolved before the estate can pay out.
Family disagreements. Disputes over who gets what, or over how the personal representative is handling things, slow everything down.
Missing or unknown heirs. The petition has to identify the heirs or beneficiaries (Tenn. Code Ann. § 30-1-117). Tracking down a relative no one has heard from in years takes time.
A will contest. A challenge to the will can be filed up to two years after the will is admitted to probate (Tenn. Code Ann. § 32-4-108). Read how to contest a will in Tennessee.
Tax returns. If the estate or the person who died needs income tax returns filed, that work has to be finished before final distribution. Tennessee's inheritance tax does not apply to deaths in 2016 or later.

What can make it shorter

The small estate process. If the probate property is worth $50,000 or less and there is no real estate, families can use a petition for limited letters, filed at least 45 days after death. No notice to creditors is published (Tenn. Code Ann. §§ 30-4-102, 30-4-103). See our guide to the small estate process in Tennessee.
Assets that pass outside probate. Jointly owned property with survivorship rights and accounts with a named beneficiary usually go straight to the survivor or beneficiary. If most of what someone owned passes this way, the probate estate may be small, or there may be nothing to probate.
Waivers. A will that waives the inventory and accountings, or beneficiaries who sign waivers, can remove whole steps.

Where probate happens in Sumner County

In Sumner County, probate is handled by the Chancery Court through the Clerk and Master, 155 East Main Street, Room 3600, Gallatin. Our office is on the Gallatin Public Square.

How we can help

Attorney Kylene Ross and our probate paralegal, who has 20 years of probate, wills and estates experience, help personal representatives in Sumner, Wilson, Robertson, Williamson and Davidson counties keep each deadline on track, from the petition to the closing statements. If you were just named executor, start with our guide to executor duties in Tennessee. You can also see our probate page and our estate planning and probate practice.

Ready to Talk?