Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
In Tennessee, a probate estate officially exists once someone files a petition for administration in the appropriate probate court. Tennessee’s probate process typically takes place in the Chancery Court or Probate Court of the county where the decedent lived at the time of death. Here’s how to confirm whether a probate estate has been opened:
- Identify the County of Residence. Probate jurisdiction is county-based. Locate the county where the decedent lived when they died.
- Contact the County Clerk or Probate Office. Call or visit the Probate Division of the County Clerk’s Office. Provide the decedent’s full name and date of death. Staff can search their docket to see if a petition has been filed.
- Search Online Case Records.
- Many Tennessee counties offer online case look-ups. For example, Davidson County’s e-courts system lets you search probate dockets by name: https://eaccess.davidsoncotn.gov/Cases/.
- Check your county’s official court website for similar e-filing or e-access portals.
- Use the Tennessee State Courts Portal. The statewide portal provides links and contact information for each county’s court: https://www.tncourts.gov/programs/probate.
- Review the Tennessee Code. Tennessee Code Annotated § 30-2-306 explains when an administration proceeding begins. You can read it here: T.C.A. § 30-2-306.
- Consult Published Notices. Estates often require public notice in a local newspaper. Search the deceased’s county newspaper archives for probate notices, which typically name the estate and appointed personal representative.
Following these steps will let you confirm whether a probate estate has been opened for a Tennessee decedent.
Helpful Hints
- Have the decedent’s legal name and date of death ready when you call or search online.
- Some smaller counties may not have online access; a phone call or in-person visit may be necessary.
- If you find no probate record, the estate may be unsettled, or you may need to check an alternate county of residence.
- Check multiple county court websites if the decedent owned property in more than one county.
- Keep a record of search dates and the names of court staff you speak with.