Probate

The Deputy Clerks in the Clerk and Master’s Office cannot advise you on whether you should probate an estate, nor can they answer any legal questions.

For legal questions regarding probate, Last Wills and Testaments, property rights, or probate procedures, please contact an attorney who practices in Probate, Wills, Estates, or Elder Law.

If you choose to probate an estate without legal representation (Pro Se), the following requirements will apply.

General Requirements

Estates Without a Last Will and Testament (Intestate)

  • If the decedent died without a Last Will and Testament, contact Stephen Ogle, Clerk & Master, at 865-273-5500.
  • He will determine whether you should consult with an attorney.

Estates With a Last Will and Testament (Testate)

  • You must submit the original Last Will and Testament.
  • The original Will permanently remains with the court.

Proof of Death

  • An original death certificate is required.
  • The decedent must have been a resident of Blount County at the time of death.

Personal Representatives

  • All personal representatives (administrators or executors) named in the Last Will and Testament must:
    • Appear in person
    • Provide photo identification
    • Bring the names and full mailing addresses of all named beneficiaries

Appointments

  • Our office no longer schedules in-person appointments.
  • Please visit our office during normal business hours:
    Monday–Friday, 8:00 AM – 4:30 PM

Probate Options

Standard Probate

  • Letters of Testamentary or Administration are issued after the Probate Judge signs the Order opening the Estate.

What to Bring

  • Original Last Will and Testament
  • Original death certificate
  • Photo identification
  • Names and mailing addresses of all beneficiaries and/or heirs
  • Completed Probate Information Sheet
    Probate Information Sheet

Small Estate Affidavit

  • NO Letters of Administration or Letters Testamentary are issued for Small Estates.

Requirements

  • The estate must contain personal property only (no real estate).
  • Total value must be $50,000 or less.
  • A Small Estate cannot be filed until at least 45 days after the date of death.

What to Bring

  • Original Last Will and Testament
  • Original Death Certificate
  • Photo identification
  • A list of all debts of the decedent (creditor name, address, and amount owed)
  • A list of all assets in the decedent’s name only (bank accounts, automobiles, etc.)
  • Names and mailing addresses of all beneficiaries or heirs
  • Completed Probate Information Sheet
    Probate Information Sheet

What Happens Next

Once you submit all required paperwork and information, the following steps will occur:

  1. Document Preparation
    Within seven (7) business days, the probate clerk will prepare the documents needed to file the case.
  2. Notification to Personal Representative(s)
    Once the documents are ready, the personal representative(s) will be notified to come to the office to review them.
  3. Document Review and Signing
    If all information is correct, the personal representative(s) will sign the documents in the presence of one of the office’s notaries.
  4. Case Setup and Filing Fee
    The clerk will set up the case and collect the required filing fee at this time.
  5. Judge Review and Order Opening the Estate
    After the case is filed, it will be forwarded to the Probate Judge for review and for signing of the Order Opening the Estate.
  6. Issuance of Estate Documents
    Once the signed order is returned to the Clerk’s Office, the probate clerk will prepare the appropriate documents authorizing the personal representative(s) to administer the Estate.

Filing Fees and Payment Information

Filing Fees

  • Testate/Intestate Estate: $345.00
  • Small Estate: $345.00
  • Publication of the Notice to Creditors: $86.40
  • Appointment of Non-Resident Fiduciary: $10.00
    (Applies only to Personal Representatives who reside outside the State of Tennessee.)

Accepted Payment Methods

  • Cash
  • Money Order
  • Bank-Certified Check

Not Accepted

  • Personal or Business Checks
  • Debit Cards
  • Credit Cards

Make Payments Payable To:
Blount County Clerk & Master

Important Notice

It is the personal representative’s responsibility to notify the probate clerk when they are ready for the case to be closed.