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Tennessee · Thirtieth Judicial District

Shelby County Clerk & Master Guide

Clerk & Master information · Updated June 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

$341.50+
Court filing fee
4 months
Creditor claims, from notice
(901) 222-3750
Filing office phone
Independent guide · Verified June 2026 · Shelby County Probate CourtSources (4)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Tennessee Office of Vital Records

Certified Tennessee death certificates are issued by the state Office of Vital Records (Andrew Johnson Tower, 710 James Robertson Parkway, Nashville). They can be ordered online (VitalChek is the state's authorized online vendor), by mail, in person, or at any Tennessee county health department - you do not have to travel to the county where the death occurred. The Shelby County probate court does not issue death certificates. Verify the current fee and ordering options with the Office of Vital Records before ordering.

How to order

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

Legal duties

Deposit the Will

A custodian of a will generally must deliver it to the personal representative or the probate court after the testator's death. The will is offered for probate in the county where the decedent resided. Tennessee does not fix a single numeric day count for this duty in this template; verify timing and the custodian's obligations with the court. (Tenn. Code Ann. Title 30; Title 32 ch. 2)

Cost: Verify locally
Where: Shelby County Probate Court Clerk
Clerk Website

Creditor claim window

Creditors generally have 4 months from first publication of notice to creditors to bring claims against the estate. (Tenn. Code § 30-2-306)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the Tennessee small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

Tennessee's Small Estate Probate Act (Tenn. Code Ann. 30-4-101 et seq.) allows administration of a small estate where the probate property does not exceed $50,000. A petition for limited letters of administration (or limited letters testamentary) may generally be filed beginning 45 days after death if no personal representative has been appointed or is pending. The 2023 Small Estate Probate Act (2023 Pub. Acts ch. 297, eff. April 28, 2023) replaced the prior small estate affidavit with this petition-based procedure; the $50,000 threshold has been in place since 2014. Verify eligibility for the specific assets and institutions involved.

Qualifies:
$50,000
Filing fee:
$41
source

Tennessee's simplified path is the Small Estate Probate Act (Tenn. Code Ann. 30-4-101 et seq.) for estates of $50,000 or less in probate property. Real property generally vests directly in heirs or devisees at death and may transfer outside full administration; the small estate process does not by itself serve as muniment of title for real estate. Availability depends on the facts and should be verified locally.

Qualifies:
Smaller estates that meet the state limit

The executor (with a will) or administrator (without a will) is appointed by the Probate Court, receives letters, publishes notice to creditors, files an inventory within 60 days unless waived, and files accountings unless waived. Real property generally vests in heirs or devisees at death and is administered only if needed to pay debts. Verify bond, surety, and notice requirements with the court.

Attorney:
not required by law, though many families use one

Documents you'll need:

  • Petition for Letters Testamentary or Letters of Administration
  • Certified Death Certificate
  • Original Will
  • Oath of the Personal Representative
  • Fiduciary Bond
  • Order Admitting Will to Probate and Granting Letters
  • Notice to Creditors
  • Inventory of the Estate

Tennessee's Small Estate Probate Act (Tenn. Code Ann. 30-4-101 et seq.) allows administration of a small estate where the value of the probate property does not exceed $50,000. A petition for limited letters of administration (or limited letters testamentary) may generally be filed beginning 45 days after death if no personal representative has been appointed. The 2023 Small Estate Probate Act (2023 Pub. Acts ch. 297, eff. April 28, 2023) replaced the prior small estate affidavit process with this petition-based procedure; the $50,000 dollar threshold has been in place since 2014 (2014 Pub. Acts ch. 829) and was not changed in 2023.

Qualifies:
$50,000

Documents you'll need:

  • Petition for Limited Letters of Administration (Small Estate Probate Act)
  • Certified Death Certificate
  • List of the decedent's probate property and known debts
  • Sworn statement that the probate property does not exceed $50,000

File for Probate

Where to file, forms & fees

Where to File

Office: Shelby County Probate Court
Address: 140 Adams Avenue, Room 124, Memphis, TN 38103
Hours: Monday through Friday, 8:00 a.m. to 4:30 p.m.
How: in person
Get Forms

Free Filing Help Available

Shelby County Probate Court Clerk can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Shelby County Register of Deeds

Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Shelby County Clerk

Phone:
(901) 222-3000
Address:
150 Washington Ave., Memphis, TN 38103
Hours:
M-F, 8 a.m. - 4:15 p.m.
Office Website

When a Tennessee vehicle owner dies, the vehicle title must be transferred through the local County Clerk's office — the County Clerk is Tennessee's authorized agent for all vehicle titling transactions. The Tennessee Department of Revenue (Vehicle Services Division) sets statewide title law; there is no separate DMV office for title transactions. Tennessee offers several paths depending on whether the estate qualifies as a 'small estate' under the Small Estate Probate Act.

Transfer scenarios

Surviving Spouse or Joint Owner

Documents needed:

  • Original vehicle title
  • Certified death certificate of the deceased owner
  • Title Only Application (Form F-1310101) or standard title application
  • Proof of identification
  • Title fee

The surviving owner presents the death certificate and the existing title at the County Clerk's office. The clerk issues a new title in the survivor's name alone.

Affidavit of Inheritance — Transfer Without Full Probate

Documents needed:

  • Affidavit of Inheritance (Form F-1310501) — completed and notarized
  • Original vehicle title (or duplicate title if original is lost)
  • Certified death certificate
  • Proof of identification of the heir(s)

Heir(s) complete and notarize Form F-1310501 and present it together with the death certificate and existing title at the County Clerk's office. The clerk transfers the title to the heir(s) without requiring letters testamentary or letters of administration.

The Affidavit of Inheritance is the practical path for most heirs transferring a deceased owner's vehicle in Tennessee. It does not require a court proceeding for the vehicle itself. The small estate process under Title 30, Chapter 4 provides an additional formal pathway for estates under $50,000.

Small Estate Probate Act — Estates Under $50,000

Documents needed:

  • Petition filed in probate court of the county where the decedent resided
  • Limited letters of administration of a small estate or limited letters testamentary of a small estate issued by the court
  • Original vehicle title (or duplicate if lost)
  • Certified death certificate
  • Title application and fee at County Clerk's office

File a petition in the appropriate probate court. Upon issuance of limited letters, present them together with the death certificate and title at the County Clerk's office for title transfer.

Full Probate — Letters Testamentary or Letters of Administration

Documents needed:

  • Original vehicle title (or duplicate title if original is lost)
  • Certified death certificate
  • Letters testamentary or letters of administration issued by the Tennessee probate court
  • Title Only Application (Form F-1310101) or standard title application
  • Title fee

Open probate in the Chancery Court (Clerk and Master) of the county where the decedent resided, or the Probate Court in counties that have one (e.g., Shelby, Davidson). Upon appointment, the personal representative presents letters, the death certificate, and the title at the County Clerk's office.

Forms

  • Affidavit of Inheritance(F-1310501)(Primary form for most vehicle title transfers to heirs in Tennessee. Submit at County Clerk's office with death certificate and original title.)
  • Title Only Application(F-1310101)(Used when an heir or personal representative is seeking a title transfer and does not need to register the vehicle immediately.)
  • Power of Attorney for Vehicle Transactions(F-1311401)(May be useful when the heir or personal representative cannot appear in person at the County Clerk's office.)

Fees

Certificate of title application fee per Tenn. Code Ann. § 55-6-101(a): $5.50 state fee for issuing a certificate of title (in addition to registration fee); $11.00 when the full title application is submitted together with the title. County clerks may assess additional county fees. Verify current county fees with the specific County Clerk's office.$11

The $11.00 fee is the state-assessed fee under TCA § 55-6-101. County clerks collect this fee on behalf of the state and may add county-specific fees.

Small-estate vehicle transfer

Tennessee's Small Estate Probate Act (Tenn. Code Ann. §§ 30-4-101 through 30-4-111) provides an expedited probate process for estates whose total probate property value does not exceed $50,000. The act covers personal property only, including motor vehicles. For vehicle transfers specifically, the Affidavit of Inheritance (Form F-1310501) is often used as a more direct alternative that bypasses even the small estate court process.

Threshold: $50,000

The Affidavit of Inheritance (F-1310501) is generally more practical for vehicle-only transfers than the Small Estate Probate Act court process. The Small Estate Act provides a broader framework for settling all of the decedent's personal property. The act covers personal property only and cannot be used to transfer real estate.

Lost or duplicate title

If the original certificate of title is lost, misplaced, or accidentally destroyed

Apply at the County Clerk's office in person or by mail. Required documentation: Multi-purpose, Noting of Lien and Duplicate Title Application (F-1315201); $14 fee; proof that all liens have been discharged. In-person requests also require proof of identification. If any liens remain, the duplicate title request must originate from the lienholder.

Form:Multi-purpose, Noting of Lien and Duplicate Title Application(F-1315201)

Fee: $14

If any liens remain on the vehicle, the duplicate title request must originate from the lienholder. The duplicate title will be sent to the first lienholder on record.

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (9)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Tennessee

Frequently Asked Questions

How much does probate cost in Shelby County?
Probate filing fees in Shelby County, Tennessee vary by the type of administration. The court filing fee shown on this page is $341.50+; confirm current amounts with the Clerk & Master before filing.
How long does probate take in Shelby County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Shelby County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Tennessee Resources

Explore the rest of the Tennessee probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Shelby County Probate Court on June 14, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Tennessee can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.