Tennessee Probate Cost: Clerk Fees and County Checks
Tennessee charges a flat statutory clerk fee to open an estate, not a percentage of estate value. Start with the T.C.A. § 8-21-401 fee ($230 to open and close a full estate; $41 for a small estate petition), add county local litigation taxes and administrative fees, then plan for publication, copies, and any professional help.
Tennessee probate cost is not a percentage of the estate. The statewide statutory clerk fee to open and close a full estate is $230 flat under T.C.A. § 8-21-401, and the fee for a small estate petition under the Small Estate Probate Act (T.C.A. § 30-4-101 et seq.) is $41. Certain charter-form-of-government counties, including Davidson (Nashville) and Knox, instead use the itemized fee schedule in T.C.A. § 8-21-409.
On top of the statutory clerk fee, each county adds local litigation taxes, data-entry fees, and other administrative charges, so the practical all-in cost to open a full estate commonly runs about $300-$345 in observed county examples. Tennessee imposes no statewide probate tax measured by estate value, no state estate tax, and no inheritance tax. Personal representative compensation is reasonable compensation approved by the probate court under T.C.A. § 30-2-606 — there is no fixed statutory percentage. Confirm the current figures with the Clerk and Master or county probate clerk before filing.
Quick Summary
Tennessee court costs are the statewide statutory clerk fee plus county local litigation taxes and administrative fees — so the all-in opening cost varies by county. The statutory base for a full estate is $230 (T.C.A. § 8-21-401); certain charter-government counties (e.g., Davidson, Knox) use the itemized § 8-21-409 schedule instead. Confirm the current all-in cost, payment methods, and local forms with the Clerk and Master or county probate clerk before filing.
Probate Cost by Procedure
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Petition (Limited Letters) | Probate property $50,000 or less (T.C.A. § 30-4-102); 45-day wait | $41 statutory base (T.C.A. § 8-21-401); county all-in higher (~$135-$141 observed) | 45+ days after death, then court processing | No statewide blanket requirement | Small probate estates with personal property where no appointment is pending |
| Full Administration — Letters Testamentary (With a Will) | No small-estate cap; estates exceeding $50,000 or including real property | $230 flat statutory fee (T.C.A. § 8-21-401); county all-in commonly ~$300-$345 (charter counties use § 8-21-409) | Several months or longer; four-month creditor-claim period from first publication | No statewide blanket requirement; recommended for complex estates | Testate estates needing a personal representative with letters testamentary |
| Full Administration — Letters of Administration (No Will) | No small-estate cap; intestate estates exceeding $50,000 or including real property | $230 flat statutory fee (T.C.A. § 8-21-401); county all-in commonly ~$300-$345 | Several months or longer; four-month creditor-claim period from first publication | No statewide blanket requirement; recommended for complex or disputed estates | Intestate estates needing a personal representative with letters of administration |
Additional Costs to Expect
County Local Litigation Taxes and Administrative Fees
Each county adds local litigation taxes (T.C.A. Title 67, ch. 4, part 6) and data-entry and administrative fees on top of the statewide statutory clerk fee. These are why the all-in opening cost for a full estate commonly runs about $300-$345 across observed county examples. Capture the exact local add-on with the Clerk and Master or county probate clerk.
Personal Representative Compensation
Under T.C.A. § 30-2-606, the personal representative is credited with reasonable compensation for services and lawful disbursements. Tennessee does not set a fixed statutory percentage. Practitioner sources commonly describe approved compensation for routine administration in roughly the 3%-5% of estate value range, but that is a practice observation, not a code-fixed rate; the court may allow more or less based on the size and complexity of the estate, time and skill required, and results obtained. Do not present any percentage as a statutory entitlement.
Publication and Notice to Creditors
After appointment, the personal representative publishes notice to creditors (T.C.A. § 30-2-306). Publication cost depends on the county and the newspaper used; some counties bundle a publication option into the opening fee (one observed county example: roughly +$60 with publication). The creditor claim period is four months from first publication, in no event more than twelve months from death.
Certified Copies and Death Records
Certified death certificates from the Tennessee Department of Health, Office of Vital Records, cost $15 per copy (includes one certified copy; $15 each for additional copies ordered at the same time). Certified copies of court documents (letters, orders) are approximately $5 per certified copy plus about $0.50 per page under T.C.A. § 8-21-401; additional letters are about $5-$6 each. Confirm current amounts with the applicable court.
Fiduciary Bond Premium
A fiduciary surety bond may be required unless waived by the will or by the court or beneficiaries under T.C.A. § 30-1-201 et seq. Premium depends on the bond amount and surety pricing.
Recording (Register of Deeds)
Register of deeds recording fees for deeds, affidavits of heirship, and other estate documents are set by T.C.A. § 8-21-1001 and vary by document type and page count. These are separate from court clerk fees.
State Estate and Inheritance Tax
Tennessee has no state estate tax and no state inheritance tax. The inheritance tax was phased out and fully eliminated for decedents dying on or after January 1, 2016 (T.C.A. § 67-8-318). Federal estate tax may apply to very large estates above the federal exclusion.
Appraisal, Tax Preparation, and Professional Fees
Real estate, business interests, vehicles, or personal property may require appraisal for the inventory. Final individual and fiduciary income tax filings may require professional help. Attorney fees, if any, are set by written agreement and are not fixed by statute.
Typical Total Cost Ranges
Source Notes
- Statute / Authority
- T.C.A. § 8-21-401 (statutory clerk fee schedule); T.C.A. § 8-21-409 (charter-county itemized fees); T.C.A. § 30-2-606 (reasonable compensation); T.C.A. § 30-4-102 and § 30-4-103 (small estate)
- Fee Source
- T.C.A. § 8-21-401 statewide statutory clerk fee schedule plus county local litigation taxes
- Last Verified
- June 2026
- Notes
- Tennessee's court costs are a statewide statutory clerk fee (T.C.A. § 8-21-401, or § 8-21-409 in certain charter-government counties) plus county-level litigation taxes, data-entry fees, publication, and certified-copy charges. Tennessee has no state probate tax, no state estate tax, and no inheritance tax (inheritance tax fully eliminated for deaths on or after January 1, 2016). Personal representative compensation is court-approved reasonable compensation with no fixed statutory percentage.
Sources
- T.C.A. § 8-21-401 — Schedule of fees (clerks of court)Tennessee Code Annotated (Justia). Current official code, accessed June 2026.
- T.C.A. § 8-21-409 — Fees for clerks in certain charter-government countiesTennessee Code Annotated (Justia). Current official code, accessed June 2026.
- T.C.A. § 30-2-606 — Charges, disbursements, and compensation (reasonable compensation)Tennessee Code Annotated (Justia). Current official code, accessed June 2026.
- Tennessee Courts — Court Clerks (judiciary fee information)Tennessee Courts. Accessed June 2026.
Frequently Asked Questions
How much does probate cost in Tennessee?
The statewide statutory clerk fee to open and close a full estate is $230 flat under T.C.A. § 8-21-401. Each county adds local litigation taxes and administrative fees, so the practical all-in opening cost commonly runs about $300-$345 in observed county examples. Certain charter-government counties (Davidson, Knox) use the itemized § 8-21-409 fee schedule instead. The small estate petition fee is $41 base, with county totals around $135-$141 in observed examples. Tennessee has no statewide probate tax measured by estate value.
Does the Tennessee probate filing fee depend on estate value?
No. Tennessee's statutory clerk fees are flat, not scaled to estate value. T.C.A. § 8-21-401 sets $230 to open and close a full estate and $41 for a small estate petition. County local litigation taxes and fees are also fixed amounts, not percentages. Tennessee has no state probate tax, estate tax, or inheritance tax.
What is the cheapest way to settle an estate in Tennessee?
For qualifying small estates, the Small Estate Probate Act petition (T.C.A. § 30-4-101 et seq.) carries a $41 statutory base fee and can be filed 45 days after death when probate property does not exceed $50,000 and no appointment is pending. Full administration costs $230 in statutory base fees plus county add-ons. The small estate path does not by itself transfer title to real property.
How much is a Tennessee personal representative paid?
Tennessee sets no fixed statutory percentage. Under T.C.A. § 30-2-606, the personal representative is entitled to reasonable compensation, approved by the probate court based on factors such as the size and complexity of the estate, the time and skill required, and the results obtained. Practitioner sources describe approved compensation for routine administration as commonly landing in roughly the 3%-5% range, but that is a practice observation, not a statutory rate, and the court may allow more or less.
Does Tennessee have an estate tax or inheritance tax?
No. Tennessee has no state estate tax and no state inheritance tax. The Tennessee inheritance tax was phased out and fully eliminated for deaths on or after January 1, 2016 (T.C.A. § 67-8-318). Federal estate tax may still apply to very large estates above the federal exclusion, but that is separate from Tennessee probate court fees.
Why do Tennessee probate costs vary by county?
The statewide statutory clerk fee under T.C.A. § 8-21-401 is uniform, but each county adds its own local litigation taxes and data-entry and administrative fees on top of that base. These county-level add-ons are why the all-in cost to open a full estate commonly runs about $300-$345 in observed examples rather than the flat $230. Confirm the current total with the Clerk and Master or county probate clerk before filing.
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