ProbateUS
Probate Court

Shelby County

Tennessee

901-222-3750

Court Location & Contact

Address

140 Adams Avenue, Memphis, TN 38103

Fax

901-222-3756

Filing Fees

Shelby County, Tennessee

Fee TypeAmount
Petition to Probate Will$341.50
Petition for Letter of Administration$341.50
Small Estate Petition with Will$341.50
Small Estate Petition without Will$341.50
Petition to Probate for Muniment of Title only$341.50
Petition for Conservatorship or Guardianship$341.50
Petition for Name Change$166.50
Petition for Emancipation$166.50
Petition to Correct a Birth Certificate$216.50

Judges & Officers

KN
Kathleen N. Gomes
JT
Joe Townsend

Probate Forms Library

71 fillable forms — scroll to browse

4892Accounting FormcountyDownload
Additional Pages for Small Estate Petition (Debts, Assets, Heirs, Beneficiaries)countyDownload
4896Affidavit for Waving TN Inheritance Tax ReturncountyDownload
4895Affidavit of Absent ParentcountyDownload
4897Agreement Between Fiduciary & Financial InstitutioncountyDownload
4898Certification as to Notice of AccountingcountyDownload
4901Clerks Report on AccountingscountyDownload
Conservator/Guardian Oath of Person & EstatecountyDownload
Estate OathcountyDownload
Estate Status ReportcountyDownload
4908Motion for Additional Time to File AccountingcountyDownload
4910Notice of AccountingcountyDownload
4926Notice of Hearing - WardcountyDownload
4915Order Appointing Guardian ad Litem and Setting Hearing DatecountyDownload
4913Order Confirming AccountingcountyDownload
Order Continuing Show CausecountyDownload
4914Order Granting Additional Time to File and AccountingcountyDownload
Order Waiving Appointment of Guardian Ad Litem and Setting Hearing DatecountyDownload
Receipt and WaivercountyDownload
RULES OF THE PROBATE COURT OF SHELBY COUNTY, ...Tennessee Administrative Office of the CourtscountyDownload
rules of the probate court of shelby county, tennesseeTennessee Administrative Office of the CourtscountyDownload
Small Estate Consent FormcountyDownload
4-101Small Estate Petition for Limited Letters of Authority (Fillable) (Print One-Sided for Submission)countyDownload
4918Small Estate Petition for Limited Letters of Authority (Print One-Sided for Submission)countyDownload
4916Statement of Fiduciary as to Physical or Mental Condition of the Disabled PersoncountyDownload
1041Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-TAllocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4Application for Child's Insurance BenefitsfederalDownload
SF 2800Application for Death Benefits (CSRS)federalDownload
SF 3104Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4Application for Employer Identification NumberfederalDownload
706Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041Capital Gains and Losses (Estates and Trusts)federalDownload
706-CECertification of Payment of Foreign Death TaxfederalDownload
FE6Claim for Death Benefits (FEGLI)federalDownload
VA40-1330Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7Designation Of Beneficiary (FEGLI)federalDownload
SF 2823Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041Estimated Income Tax for Estates and TrustsfederalDownload
706Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GSGeneration-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GSGeneration-Skipping Transfer Tax Return for TerminationsfederalDownload
8971Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56Notice Concerning Fiduciary RelationshipfederalDownload
706-GSNotification of Distribution From a Generation-Skipping TrustfederalDownload
1041-VPayment Voucher (Estate or Trust)federalDownload
I-360Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HASRequest for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721Statement of Death by Funeral DirectorfederalDownload
1310Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NAU.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDTU.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 UU.S. Income Tax Return for Estates and TrustsfederalDownload
1041-AU.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-AUnited States Additional Estate Tax ReturnfederalDownload
706 UNITEDUnited States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload
A guide for clerks serving courts with probate jurisdictionTennessee Administrative Office of the CourtsstateDownload
RULES OF THE PROBATE COURT OF SHELBY COUNTY, ...Tennessee Administrative Office of the CourtsstateDownload

Probate Guide

Probate in Shelby County, Tennessee

The Shelby County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Shelby County, TN, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Tennessee, the probate court in each county oversees this process.

When Is Probate Required in Tennessee?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Tennessee's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Shelby County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Shelby County Probate Court to open probate

  3. Notify heirs and creditors as required by Tennessee law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Tennessee, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Tennessee does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Shelby County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Shelby County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Shelby County Probate Court oversees conservatorships, corrections to birth certificates, guardianships, judicial hospitalization under the Mental Health Law, name changes, wills, and estates. Two online resources can be used to search for probate case information, depending on the date the case was filed. For cases filed before October 2013, use the Probate Case Information (PW1) portal. For cases filed between October 2013 and the present, use the second Case Information Search portal.

Office Hours

Monday-Friday8:00 AM - 4:30 PM

FAQ

Where do I file for probate in Shelby County, TN?

Probate petitions for estates in Shelby County are filed at the Shelby County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Shelby County?

Probate filing fees in Shelby County, Tennessee vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Tennessee?

Probate in Tennessee typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Shelby County?

While not always legally required in Tennessee, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Tennessee, their assets are distributed according to state intestacy laws. The Shelby County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

Closest to this court, Tennessee

Ronald (Ron) Gilman

Circuit Judge, U.S. Sixth Circuit Court of Appeals

Memphis · < 1 mi

Michael (Mike) Goldstein

The Gottlieb Organization

Memphis · 9 mi

Blanchard Tual

Tual Graves, PLLC

Memphis · 10 mi

Chasity Grice

The Estate and Family Law Group

Memphis · 11 mi

Conservatorships/GuardianshipsElder Law+1

Michael Parham

Memphis · 11 mi

See more attorneys near Shelby County