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The Tennessee Probate Process: Chancery Court & Letters

Tennessee probate is generally handled in the county's chancery court, which has exclusive jurisdiction over wills and estates — unless a county has a separate probate court by local act (a few do, including Davidson and Shelby). The court issues letters testamentary (with a will) or letters of administration (no will), and the personal representative gathers assets, notifies creditors, pays debts, and distributes the estate (T.C.A. § 16-16-201).

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Tennessee attorney about your specific situation.

Probate is how a Tennessee estate is officially settled — proving any will, appointing someone to manage the estate, and seeing debts paid and property distributed.

Where probate is handled

Probate is generally handled in the county’s chancery court, which has exclusive jurisdiction over the probate of wills and the administration of estates (T.C.A. § 16-16-201).

The exception: a county can have a separate probate court created by local act. A few do — including Davidson County (Nashville) and Shelby County (Memphis). In those counties, that dedicated court handles probate instead.

Getting authority — the “letters”

Before anyone can act for the estate, the court appoints a personal representative and issues letters:

  • Letters testamentary — issued to an executor named in a will.
  • Letters of administration — issued when there is no will.

The letters are the document that proves the representative’s authority to banks, title companies, and others.

What happens next

Once appointed, the personal representative:

  1. Gathers the assets of the estate.
  2. Notifies creditors and gives them a window to file claims.
  3. Pays valid debts of the estate.
  4. Distributes the remaining property to the beneficiaries (under the will) or heirs (without one).

For smaller estates, see the small estate affidavit. Learn about creditor claims, the personal representative’s duties, and surviving spouse rights. To get matched with a local Tennessee probate attorney, connect with a lawyer.

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Frequently asked questions

Which court handles probate in Tennessee?
Generally the county's chancery court, which has exclusive jurisdiction over the probate of wills and the administration of estates — unless the county has a separate probate court created by local act, as a few do, including Davidson (Nashville) and Shelby (Memphis) (T.C.A. § 16-16-201).
What's the difference between letters testamentary and letters of administration?
The court issues letters testamentary to an executor named in a will, and letters of administration when there is no will. Both give the personal representative authority to act for the estate.
What does the personal representative do?
After being appointed, the personal representative gathers the estate's assets, notifies creditors, pays valid debts, and distributes what remains to the beneficiaries or heirs.

Sources

Related guides

  • Tennessee Creditor Claims: The 4-Month & 12-Month Bars After notice to creditors, a Tennessee creditor must file its claim by the earlier of four months from first publication (if it got an actual copy at least 60 days before) or 60 days after actually receiving the notice copy (T.C.A. §§ 30-2-306, 30-2-307). Separately, all claims are absolutely barred 12 months from the date of death regardless of notice — except claims for taxes (T.C.A. § 30-2-310).
  • Tennessee Personal Representative Duties A Tennessee personal representative (executor or administrator) is a fiduciary who collects and inventories assets, notifies creditors and pays valid debts, files tax returns, and distributes the remaining estate. A will can also be admitted as a 'muniment of title' to establish title without a full administration in appropriate cases (T.C.A. § 32-2-111). Because the representative acts for others, working with a licensed Tennessee attorney is generally expected — confirm with the local clerk.
  • Tennessee Small Estate Affidavit: The $50,000 Shortcut Tennessee's Small Estate Probate Act (T.C.A. § 30-4-101 et seq.) lets smaller estates skip a full administration through a simplified affidavit procedure. It is available when the value of the estate does not exceed $50,000 (T.C.A. § 30-4-102), and the affidavit process itself is set out in § 30-4-103. The $50,000 figure should be confirmed as current before relying on it.
  • Tennessee Surviving Spouse Rights & the Elective Share Tennessee protects a surviving spouse with exempt property up to $50,000 (T.C.A. § 30-2-101), a year's support allowance (T.C.A. § 30-2-102), a homestead right (T.C.A. § 30-2-201), and an elective share — a percentage of the net estate the spouse can claim instead of what a will leaves, on a sliding scale by length of marriage: 10% (under 3 years), 20% (3 to under 6), 30% (6 to under 9), and 40% (9 years or more) (T.C.A. § 31-4-101). The dollar figures and percentages should be confirmed as current.

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