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The Probate Bond Experts
Probate in Tennessee is handled by the Chancery Court in most of the state's 95 counties, which holds probate jurisdiction. A few of the largest counties have a dedicated Probate Court, including Davidson County in Nashville and Shelby County in Memphis. The court admits the will, appoints the executor or administrator, issues letters, and oversees administration.
Tennessee is not a Uniform Probate Code state. It administers estates under Title 30 of the Tennessee Code, the Administration of Estates title. The estate fiduciary is an executor when named in a will and an administrator when appointed without one, and both are personal representatives. The bond and oath rules sit in Sections 30-1-111 and 30-1-201.
Tennessee imposes no state estate tax and no inheritance tax. The inheritance tax was fully phased out as of 2016, so most estates face only the federal estate tax, which reaches only very large estates.
When a Tennessee bond is required, the amount is set by the court under T.C.A. Section 30-1-201:
Tennessee generally requires a bond before letters issue, but it is commonly waived. Under T.C.A. Section 30-1-201:
Qualifying in a Tennessee estate follows Title 30 and court practice:
When a Tennessee bond is required, the cost is a premium paid to the surety company. When the will waives bond or all beneficiaries waive it, there may be no premium at all.
Beyond the standard personal representative bond, Tennessee probate practice uses several additional bond types:
Tennessee does not run a licensing board for private professional fiduciaries, but Title 30 places clear duties on every personal representative:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWOften yes, unless it is waived. Tennessee requires a personal representative to give a bond before letters issue, but the bond is commonly waived when the will directs that the executor serve without bond, when all adult beneficiaries consent, or when the representative is the sole beneficiary.
A bond is not required when the will directs that the executor serve without bond. The court may also dispense with bond when the personal representative is the sole beneficiary, when all adult beneficiaries consent in writing, or when a corporate fiduciary serves.
When a bond is required, most Tennessee probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
Under Section 30-1-201 the bond is generally set at the full value of the personal estate coming into the personal representative's hands, which is the statutory minimum. The court fixes the penal sum based on the value of the estate.
Most Tennessee probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can qualify before the court without delay.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The Chancery Court handles probate in most of the 95 counties, holding probate jurisdiction. A few large counties have a dedicated Probate Court, including Davidson County in Nashville and Shelby County in Memphis.
No. Tennessee has no state estate tax and no inheritance tax. The inheritance tax was fully phased out as of 2016, so most estates face only the federal estate tax, which reaches only very large estates.
Yes. A person named in a will is an executor, and a person the court appoints when there is no will is an administrator. Tennessee uses these terms directly, and both are personal representatives of the estate.
When required, the bond is conditioned on faithful administration and protects the estate's heirs, beneficiaries, and creditors if the personal representative mismanages assets or fails to follow court orders.
When a bond is required, it stays in force until the estate is settled and the court discharges the personal representative. For estates that stay open across more than one year, the premium is charged annually until that discharge.
Often yes. An administrator serves an intestate estate, where there is no will to waive bond, so the court generally requires one unless all adult beneficiaries consent to the waiver or the administrator is the sole beneficiary.
Because Tennessee law sets the bond at the full value of the personal estate as a minimum, the bond is sized to cover the assets the personal representative controls, so beneficiaries and creditors are fully protected if something goes wrong.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the heirs, beneficiaries, and creditors. If the surety pays a claim, the personal representative is legally obligated to repay the surety.
Yes. When all of the adult beneficiaries of the estate consent in writing, the court may dispense with the bond, even where the will does not address it. Minor or incapacitated beneficiaries cannot waive on their own behalf.
Generally no. A bank or trust company authorized to act as a fiduciary is exempt from the bond requirement when it serves as personal representative.
Often yes. A guardian of a minor's property or a conservator of a disabled person's estate is generally required to post a bond tied to the value of the protected estate, under the continuing supervision of the court.
When a bond is required, you file it with the Chancery Court, or the Probate Court in a county that has one, in the county where the decedent had usual residence, and the court approves the surety before letters issue.
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Find Tennessee Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Tennessee probate court directory. We list every county court in Tennessee with contact information and links to local forms.
Tennessee Probate Court Directory