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Probate Division

There are a few ways to Probate an Estate in Sevier County depending on the assets and circumstances of the deceased. You do not need an Attorney for the following two ways:

Testate Estate - Deceased, and had a Last Will & Testament
Intestate Estate - Deceased, and did not have a Last Will & Testament

To Probate a Testate Estate we need the Original Will and the Death Certificate along with the prepared forms (listed below) that are available in our office. The fee is $100.00.

To Probate an Intestate Estate we also need the Death Certificate and the prepared forms (listed below). The fee is $90.00.

Testate Estate (Necessary forms)

  1. Guideline Page
  2. Petition for Probate of Will
  3. Order Admitting will to Probate-Judge signs this but can be typed in by customer
  4. Oath of Personal Representative
  5. Affidavit of Notice to Creditors
  6. Waiver of Filing Tax Return-if estate value is less than $100,000
  7. Affidavit of Notice
  8. Affidavit of Personal Rep regarding TennCare-if deceased was not on TennCare
  9. Request for release from TennCare-if deceased was on TennCare
  10. Short form Inheritance Tax Return-if estate value was over $100,000
The rest of the forms are to close the estate which will not be needed for at least 4 months.(These are: order to close, petition to close, bond & accounting waiver, acknowledgement forms)

Intestate Estate (Necessary forms)

  1. Guideline Page
  2. Petition for Letters of Administration
  3. Order Appointing Administrator-judge signs but customer can type in
  4. Bond & Accounting Waiver
  5. Affidavit of Notice to Creditors
  6. Oath of Personal Representative
  7. Affidavit of Personal Rep regarding TennCare-if deceased was not on TennCare
  8. Request for release from TennCare-if deceased was on TennCare
  9. Waiver of filing Tax Return-if estate was under $100,000
  10. Short form Inheritance Tax Return-if estate value was over $100,000
The rest of the forms are to close the estate which will not be needed for at least 4 months.(These are: order to close, petition to close, acknowledgement forms)

You would need an Attorney for any of the following:
Ancillary Estate, Muniment of Title, Small Estate Affidavit, Guardianship, and Conservatorship's.
(Please call the office for any questions or fee amounts.)

Ancillary Estate - An estate that was processed in another state but the deceased also either owned real or personal property in TN. Certified copies of probate in other state, order, petition, death certificate, certified copy of will. An attorney has to handle this. State Statutes must be sited.

Muniment of Title - An estate that is processed for the sole purpose of transferring a piece of Real Estate. We do not run a notice in the Mountain Press and we do not issue Letters to the Personal representative. Order, petition,death certificate certified copies of estate if probated elsewhere, certified copy of will if deceased had one. An Attorney has to handle this. State Statutes must be sited.

Small Estate Affidavit - A "Small Estate" where the value is less than $25,000, only personal property is included (no real estate). "Property" is comprised of personal property which is held individually by the decedent at death. The forms would be the Affidavit, order to admit the Affidavit, copy of the death certificate, copy of will if the deceased had one. (Handled by an attorney.)

Guardianship - The process where a person is court appointed to be a minor's Guardian.

Conservatorship - Process where a person is court appointed to be Conservator over someone who can no longer control or manage their own daily affairs, or is no longer able to care for their own well being.

*The forms for a Guardianship and Conservatorship are almost always different because the circumstances are so different. Hearings are held before the Probate Judge for someone to be appointed. An Attorney will usually handle these things for someone.

**The above text is meant to help you understand the probate process from a very topical level. Please call our office with any questions or comments. 865-453-5502. We can not verify the accuracy of online text in every case. Please use the above text as a simple guide only.