Tennessee Probate Cost Calculator & Fee Guide

Q: Does Tennessee have a statutory executor fee percentage?

No. Unlike Ohio (4%/3%/2%), Tennessee uses 'reasonable compensation' under T.C.A. 30-2-606. The clerk credits the fee when settling the accounting, decided case by case. Some counties publish percentage guidelines, but courts have ruled those are only guidelines, not binding.

Q: How long does probate take in Tennessee?

Most Tennessee estates take 6 to 12 months, driven by the 4-month creditor claim period. Small estates are faster.

How probate costs work in Tennessee

Probate in Tennessee runs through the Chancery Court (Probate Division) or, in some counties, a dedicated Probate Court — in Shelby (Memphis), Davidson (Nashville), Knox (Knoxville), Hamilton (Chattanooga), Rutherford and the state's 95 counties. The clerk plays a central role: fees are settled through the clerk's accounting process.

Tennessee's total probate cost usually falls between 3% and 7% of the estate. Like Arizona, Tennessee uses reasonable compensation rather than a statutory percentage — which keeps costs moderate.

1. Executor fee — reasonable, set by the clerk's accounting

T.C.A. § 30-2-606: when the clerk settles the accounting, the accounting party is credited with reasonable compensation for services and with disbursements supported by lawful vouchers. The statute sets no percentage and no schedule — the fee is decided case by case.

In practice, Tennessee executor fees commonly run 2%–4% of the estate; some counties publish local-rule percentage guidelines, but courts have held these are only guidelines, not binding. Keep detailed records — the clerk credits the fee inside the settlement. Family members who are also heirs often waive it, since it is taxable income while an inheritance is not.

2. Attorney fees — also reasonable, not statutory

Tennessee sets no statutory attorney fee schedule. Fees must be reasonable and are approved by the court. For a routine estate, attorney fees commonly run 2%–4% of the estate or an hourly rate; contested matters cost far more.

3. Court filing & other costs

County court filing fees run roughly $334–$500 (set under T.C.A. § 8-21-409). Add notice-to-creditors publication, certified Letters Testamentary (additional letters about $6 each), and a bond premium (~0.5% of the estate per year) unless the will waives the bond.

4. When probate can be skipped in Tennessee

Small Estate Affidavit — for probate personal property of $50,000 or less (real estate is not counted), under the Tennessee Small Estate Act (T.C.A. § 30-4-102). You must wait 45 days after death. The $50,000 limit was set by Public Chapter 297, effective April 28, 2023.
Muniment of title — in some counties, when the estate is mainly real property with no debts, the will can be admitted to record to transfer real estate without full administration.

A revocable living trust, joint ownership with right of survivorship, or beneficiary/POD designations avoid probate entirely. Note: Tennessee has no estate tax and no inheritance tax (the inheritance tax was fully phased out in 2016).

Cost component	Tennessee figure	Source
Executor fee	Reasonable (no statutory %); ~2–4%	T.C.A. § 30-2-606
Attorney fee	Reasonable; ~2–4% or hourly	Court-reviewed
County filing fee	~$334–$500	T.C.A. § 8-21-409
Small estate limit (personal property)	$50,000	T.C.A. § 30-4-102
State estate / inheritance tax	None (phased out 2016)	TN Dept. of Revenue

Tennessee probate cost — frequently asked questions

How much does probate cost in Nashville / Davidson County?

The fee rules are the same statewide — reasonable compensation, no statutory percentage. In Davidson County (Nashville), Shelby (Memphis) or Knox (Knoxville), expect a county filing fee around $400–$450 plus the executor and attorney fees. A $500,000 estate commonly totals $20,000–$32,000, most of it the executor and attorney fees.

Does Tennessee have a statutory executor fee percentage?

No. Unlike Ohio (4%/3%/2%), Tennessee uses "reasonable compensation" under T.C.A. § 30-2-606. The clerk credits the fee when settling the accounting, decided case by case. Some counties publish percentage guidelines, but courts have ruled those are only guidelines, not binding.

Is the executor fee in Tennessee taxable?

Yes. The IRS treats it as ordinary income, not inheritance. That is why family members who are also heirs frequently waive it — the inheritance is generally tax-free, but the fee would be taxed at their income rate.

What is the small estate limit in Tennessee?

$50,000 of probate personal property (real estate is not counted), under T.C.A. § 30-4-102, with a 45-day wait after death. The threshold was raised to $50,000 by Public Chapter 297, effective April 28, 2023.

How long does probate take in Tennessee?

Most Tennessee estates take 6–12 months, driven by the 4-month creditor claim period. Small estates are faster.

This calculator provides an estimate for general guidance only and is not legal or financial advice. Tennessee sets no statutory fee percentage; executor and attorney fees are "reasonable compensation" under T.C.A. § 30-2-606 and depend on the estate's size, complexity, and hours worked. The small-estate limit reflects T.C.A. § 30-4-102 (Public Chapter 297, effective April 28, 2023). Bond, publication and county fees vary. Confirm current figures with the county probate clerk or a licensed Tennessee attorney before acting.