How much does probate cost in Tennessee?
2 Aug 2026
Tennessee publishes no percentage for the attorney and none for the personal representative. What it does fix is the clerk: $275.00 today; rises to $300.00 on 1 January 2027, and to $325.00 on 1 January 2028.
Both fees are decided at the accounting rather than in advance: the clerk credits reasonable compensation and disbursements supported by lawful vouchers, and anyone interested has thirty days to except to the account. Tennessee is also the only state here where the clerk publishes the creditors’ notice, not you. The bond is the first in this database with a ceiling as well as a floor — not less than the value of the estate, not more than double it — and most family estates are excused from it entirely.
Tenn. Code Ann. §8-21-401(c)(1) — Tennessee Code Unannotated, published for the Tennessee Code Commission · Verified 2 Aug 2026
Informational only, not legal advice. Figures verified on the date stamped. Details: /disclaimer/
Work it out on your own number
Tennessee sets no percentage on either professional fee, so there is no schedule to work. What the calculator can give you is the clerk’s side, which Tennessee prints on a three-year escalating table.
| Standard filing fee — opened during 2026 | $275.00 |
| Standard filing fee — from 1 January 2027 | $300.00 |
| Standard filing fee — from 1 January 2028 | $325.00 |
| Request to sell real property, or on year’s support, exempt property, homestead, insolvency or interpretation | $200.00 |
| Filing a creditor’s claim | $50.00 |
| Exception to a creditor’s claim | $100.00 |
| Filing and docketing any other request on an open estate | $25.00 |
| Entering any order other than the closing order | $20.00 |
| Issuing each summons, subpoena, citation, writ or notice | $10.00 |
| Filing, reviewing, recording and entering an accounting or settlement | $75.00 |
| Attorney | reasonable, allowed on the account |
| Personal representative | reasonable, allowed on the account |
The standard filing fee covers probate estates including general administrations, small estates, insolvent estates and muniment of title, as well as conservatorships and guardianships. It is $275.00 as of 1 January 2026, $300.00 as of 1 January 2027, and $325.00 as of 1 January 2028. Nothing else in the table escalates.
The clerk also takes commissions rather than fees on some money that passes through the court: 3% for selling real or personal property under court order and receiving the proceeds into the court’s registry, and 5% for investing funds as the court directs, measured as a percentage of earnings. These are charges on money moving through the registry, not a percentage fee on the estate.
The figure depends on when the estate is opened, not on what it is worth. A small estate pays the same standard filing fee as a general administration, so the small route is not automatically the cheaper one in Tennessee.
What each part costs
Every row is one figure, one source, one date. Where Tennessee fixes no price, the row says so instead of guessing.
| Fee | Amount or formula | Set by | Source | Verified |
|---|---|---|---|---|
| Attorney feeCounsel paid out of the estate | No statutory scheduleTennessee fixes no percentage and no schedule for the estate’s attorney, and the section that governs compensation is one sentence long. When the accounting is stated, the clerk charges the accounting party with every sum received, or that could have been received by using due and reasonable diligence, and credits that party with reasonable compensation for services and with disbursements supported by lawful vouchers. Attorney fees paid out of the estate reach the account as a disbursement, and they stand or fall on whether the voucher supports them and whether the clerk allows them as reasonable. Anyone interested in the estate may except to the account within thirty days of its being stated by the clerk, and may appeal the clerk’s decision on those exceptions to the court within a further thirty days. The check on a Tennessee legal bill is an objection to the account, not a cap on the fee. | The clerk on the account, subject to exception | Tenn. Code Ann. §30-2-606 Tennessee Code Unannotated, Free Public Access — no stable per-section link; open the code and search 30-2-606 · read with §30-2-607 | 2 Aug 2026 |
| Personal representativeExecutor or administrator | No percentage scheduleThere is no percentage anywhere in the Tennessee provision. The representative is credited, when the account is stated, with reasonable compensation for services — and is charged, on the other side of the same sentence, with all sums actually received and with any sum that could have been received by using due and reasonable diligence. That second limb is unusual and worth naming: a Tennessee representative can be charged with money that never reached the estate, on the footing that reasonable diligence would have collected it. Compensation is fixed at the accounting stage rather than by prior court order. Any interested person has thirty days from the stating of the account to except to it, with a further thirty days to appeal the clerk’s ruling to the court, and the clerk must mail copies of any exceptions to the representative and to the representative’s attorney of record within five days. | The clerk on the account, subject to exception | Tenn. Code Ann. §30-2-606 Tennessee Code Unannotated, Free Public Access — no stable per-section link; open the code and search 30-2-606 · read with §30-2-607, last amended Acts 1985 ch. 140 | 2 Aug 2026 |
| Court filing feeOpening a probate estate | $275.00 today; rises to $300.00 on 1 January 2027Tennessee prints its clerk fees on a three-year escalating table, so the figure depends on when the estate is opened rather than on what it is worth. The standard filing fee in a court administering estates covers probate estates including general administrations, small estates, insolvent estates and muniment of title, as well as conservatorships and guardianships: $275.00 as of 1 January 2026, $300.00 as of 1 January 2027, $325.00 as of 1 January 2028. A request in a probate estate to sell real property, or concerning year’s support, exempt property, homestead, insolvency or interpretation, is a separate $200.00 and does not escalate. A creditor’s claim costs $50.00 to file and an exception to a claim $100.00, neither escalating. Later steps are charged one by one — $25.00 to file and docket any request on an open estate other than a request to close it, $20.00 to enter any order other than the closing order, $10.00 to issue each summons, subpoena, citation, writ or notice, $7.00 to file any document not otherwise designated, and $75.00 to file, review, record and enter any accounting or settlement. | Statute, statewide, on a published escalating table | Tenn. Code Ann. §8-21-401(c)(1), (c)(2) and (h) Tennessee Code Unannotated, Free Public Access — no stable per-section link; open the code and search 8-21-401(c)(1) | 2 Aug 2026 |
| Newspaper publicationNotice to creditors — published by the clerk | Not fixed by statuteNot fixed by statute — the newspaper sets its own rate. The statute sets how often the notice runs and for how long, and in Tennessee it is the clerk of the court, not the personal representative, who places it. Within thirty days after letters testamentary or of administration are issued, it is the duty of the clerk to give public notice of the representative’s qualification, in the representative’s name, by two consecutive weekly notices in a newspaper of the county where the letters were granted. Where no newspaper is published in that county, the clerk posts written notices in three public places instead, one of which must be the usual posting place at the courthouse. The publisher’s affidavit showing the dates of publication, or the representative’s affidavit showing the date of posting, is filed with the clerk and noted on the docket as prima facie evidence that notice was given. The representative still has a duty of its own: to mail or otherwise deliver a copy of that notice to every creditor of whom it has actual knowledge or who is reasonably ascertainable, at their last known addresses, unless the creditor has already filed a claim, been paid, or released all claims. The whole requirement falls away where letters are issued more than one year after the death. | The newspaper; placed by the clerk | Tenn. Code Ann. §30-2-306(a), (c), (d) and (e) Tennessee Code Unannotated, Free Public Access — no stable per-section link; open the code and search 30-2-306(a) · last amended Acts 2012 ch. 886 | 2 Aug 2026 |
| BondPersonal representative’s bond | Not less than the estate, not more than double
|
The court, between a statutory floor and ceiling | Tenn. Code Ann. §30-1-201(a) and (b) Tennessee Code Unannotated, Free Public Access — no stable per-section link; open the code and search 30-1-201(a) and (b) · last amended Acts 2016 ch. 809 | 2 Aug 2026 |
The filing fee has a known increase built into it. $275.00 applies to estates opened during 2026, $300.00 from 1 January 2027 and $325.00 from 1 January 2028. The figures are printed in the statute, not projected by us, and this page is re-checked each January.
A Tennessee small estate is not automatically cheaper. It pays the same standard filing fee as a general administration, and it normally requires a corporate surety bond equal to the value of the property even where the will waives bond.
How the Tennessee sources are linked. The Tennessee Code Commission publishes the Code through a free public access site that has no stable address for an individual section — the address changes with each browsing session. Every citation above therefore prints the section number to search for once the code is open. That is the publisher’s own behaviour, not a broken link.
What can change the bill — allowances, waivers and one-off charges
- Filing and docketing any request on an open estate, other than a request to close it — $25.00.
- Entering any order other than the closing order — $20.00. Issuing each summons, subpoena, citation, writ or notice — $10.00. Filing any document not otherwise designated — $7.00.
- Filing, reviewing, recording and entering an accounting or settlement — $75.00.
- Requests about year’s support, exempt property, homestead, insolvency or interpretation, or to sell real property — $200.00 each, and these do not escalate with the standard fee.
- A creditor’s claim — $50.00 to file, $100.00 to except to one.
- Clerk commissions on money through the court registry — 3% for selling real or personal property under court order and receiving the proceeds, and 5% for investing funds as the court directs, charged as a percentage of earnings. These are not a fee on the estate.
- Excepting to the account is free of any fee named in the statute, and any interested person may do it within thirty days of the account being stated, with a further thirty days to appeal to the court.
Tenn. Code Ann. §8-21-401(c)(1), (c)(2) and (h); §30-2-607 — Tennessee Code Unannotated · Verified 2 Aug 2026
What changes YOUR number in Tennessee
- You can be charged with money the estate never received
- When the account is stated, the clerk charges the accounting party with every sum received or that could have been received by using due and reasonable diligence. A Tennessee representative who lets a debt go uncollected can be charged with it anyway. No other state in this database writes the duty that way.
- Compensation is settled at the account, not agreed in advance
- Reasonable compensation is credited when the account is stated, and disbursements are credited only where a lawful voucher supports them. Any interested person has thirty days from the stating of the account to except, and a further thirty days to appeal the clerk’s ruling to the court. The clerk must mail copies of exceptions to the representative and the representative’s attorney within five days.
- There is no Tennessee attorney-fee statute
- No section specific to attorney fees in a decedent’s estate was located. Attorney fees reach the estate as a disbursement on the account and are allowed if the clerk finds them reasonable and the voucher supports them. Anyone quoting you a Tennessee statutory attorney percentage is quoting another state.
- The clerk publishes, and the statute does not say who is billed
- Tennessee is alone here in making publication the clerk’s duty rather than the representative’s. The clerk places two consecutive weekly notices within thirty days of letters issuing. The statute fixes no rate and does not state how the cost is passed on, so ask your clerk what the office charges. Your own duty is separate and survives: mail a copy to every creditor you know of or can reasonably find.
- Open the estate more than a year after the death and the notice requirement falls away
- Where letters are issued more than one year after the date of death, the publication requirement does not apply at all.
- A bond that cannot exceed double the estate
- Tennessee is the first state in this database to cap the bond as well as floor it: not less than the value of the estate subject to administration, not more than double it. Four exemptions come first and cover most family estates — a will that excuses bond, a sole beneficiary who is also the representative, unanimous written consent of adult beneficiaries, or a bank as representative.
- The filing fee rises on a date you can plan around
- $275.00 today, $300.00 from 1 January 2027, $325.00 from 1 January 2028. Where an estate can properly be opened either side of a new year, that is a real difference of $25.00 at the counter.
Tennessee’s small estate is a lighter probate — and creditors cannot file claims in it at all
Estates under $50,000.00 may qualify for limited letters of administration of a small estate. Probate property here means only personal property, or an interest in personal property, owned by the decedent at death and subject to probate — excluding anything held as tenants by the entirety or in joint tenancy with right of survivorship, and anything payable to a beneficiary other than the estate. This is not a collect-by-affidavit route like most states run. It is a real, lighter probate with its own petition and its own letters.
- Creditors are shut out entirely. A notice to creditors must not be published, and a creditor is not permitted to file a claim in a small estate probate at all. That is the strongest single reason a Tennessee family chooses this route, and it has no equivalent anywhere else in this database.
- Forty-five days after the death, provided no petition for a personal representative has been filed in that time, one or more competent adult heirs may petition for limited letters of administration, or the person named in the will may seek limited letters testamentary. The court may waive the forty-five day wait for good cause.
- The petition must carry a sworn itemised list of the property the letters will apply to, the value of each item, and the identity of each known creditor and what is owed.
- A bond is normally required even where the will waives it — payable to the clerk, with a corporate surety, equal to the value of the property. It is excused only where the petitioner is the sole heir of an intestate decedent, the sole beneficiary of a testate decedent, or all the adult heirs and beneficiaries consent in writing.
- The representative and the surety are discharged from liability on the first anniversary of the limited letters, which stay open and active until then.
- No real property is involved. The statutory form says so in terms, and the limited letters give no authority over the decedent’s real estate.
- A small estate pays the same standard filing fee as a general administration — see the fee table above.
Tenn. Code Ann. §30-4-102(8) and (9), read with §30-4-103 — Tennessee Code Unannotated · both enacted Acts 2023 ch. 297 · Verified 2 Aug 2026
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Tennessee probate cost questions
How much does an executor get paid in Tennessee?
There is no percentage. The clerk credits the personal representative with reasonable compensation when the account is stated, and charges the representative with every sum received or that could have been received by using due and reasonable diligence. Compensation is settled at the accounting rather than agreed in advance, and any interested person can except to the account within thirty days.
Does Tennessee set probate attorney fees by statute?
No, and there is no section in the Code specific to attorney fees in a decedent’s estate. Fees paid to the estate’s attorney reach the account as a disbursement and are allowed where a lawful voucher supports them and the clerk finds them reasonable. The check on the bill is an objection to the account rather than a cap on the fee.
What does it cost to file for probate in Tennessee?
Two hundred and seventy-five dollars for an estate opened during 2026. That figure is on a published escalating table: it becomes three hundred dollars on the first of January 2027 and three hundred and twenty-five dollars on the first of January 2028. The same standard fee covers general administrations, small estates, insolvent estates and muniment of title. Later steps are charged one by one, including seventy-five dollars for filing and entering an accounting.
Does an executor need a bond in Tennessee?
Often not. No bond is required where the will excuses it, where the representative is also the sole beneficiary and the court approves, where all adult beneficiaries consent in a sworn statement and the court approves, or where the representative is a bank excused from bond. Where a bond is required, the amount must be at least the value of the estate and no more than double it, and the court can adjust it by order at any time.
Does Tennessee have a small estate affidavit?
Not an affidavit — a lighter probate. Where the probate personal property is worth no more than fifty thousand dollars, an heir or the person named in the will can petition for limited letters forty-five days after the death. The striking feature is that no notice to creditors may be published and no creditor may file a claim at all. A corporate surety bond equal to the value of the property is normally required even if the will waived bond, and the route reaches no real property.
Sources & verification
Every figure on this page was checked against the official source on the date shown. The Tennessee Code Commission publishes the Code through a free public access site with no stable address for an individual section, so each citation below prints the section number to search for once the code is open.
- Attorney fee and the accounting — Tenn. Code Ann. §30-2-606, read with §30-2-607 tncourts.govVerified 2 Aug 2026 · search-path exception: open the code and search 30-2-606 · §30-2-606 dates to Code 1858 · annual statutory re-check
- Personal representative’s compensation and the due-diligence charge — Tenn. Code Ann. §30-2-606 and §30-2-607 tncourts.govVerified 2 Aug 2026 · search-path exception: search 30-2-607 · last amended Acts 1985 ch. 140
- Clerk’s fees and the escalating table — Tenn. Code Ann. §8-21-401(c)(1), (c)(2) and (h) tncourts.govVerified 2 Aug 2026 · search-path exception: search 8-21-401 · every figure printed in the statute · hard January re-check in 2027 and again in 2028
- Publication by the clerk — Tenn. Code Ann. §30-2-306(a), (c), (d) and (e) tncourts.govVerified 2 Aug 2026 · search-path exception: search 30-2-306 · last amended Acts 2012 ch. 886
- Bond, floor and ceiling — Tenn. Code Ann. §30-1-201(a) and (b) tncourts.govVerified 2 Aug 2026 · search-path exception: search 30-1-201 · last amended Acts 2016 ch. 809
- Small estate — Tenn. Code Ann. §30-4-102(8) and (9), read with §30-4-103 tncourts.govVerified 2 Aug 2026 · search-path exception: search 30-4-102 · both enacted Acts 2023 ch. 297
Researched and verified by John Terra · Methodology
This page is information, not legal advice. Reading it does not create an attorney-client relationship. Laws and fee schedules change; every figure here was verified on the date stamped beside it. For advice about your own situation, consult an attorney licensed in Tennessee. Full terms: /disclaimer/ · Privacy
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