All About Probate Court
The Blount County, TN Probate Court can best be described as a legislative administrative agency. It is a special court that is granted the responsibility of overseeing and administering the estates of deceased persons and those unable to handle their own financial affairs. The Probate Court has exclusive jurisdiction over probate administration — the process of creating a legal proceeding to distribute the estate of a deceased person. The assets of the person who died are overseen by the Probate Court.
In general, you can think of the role played by the Probate Court as one of supervision. In addition to employees and elected officials, the Court also relies on private individuals in order to accomplish its work — and this includes banks and trust companies that are appointed to serve as an Executor or Trustee.
The Probate Court does more than simply provide oversight for people who have died. In fact , the court also handles both voluntary and involuntary conservatorship proceedings. A conservatorship proceeding is when a third party is needed to manage the financial affairs and/or medical affairs of an individual who has become incapacitated due to sickness or disability.
Other issues that are handled by the Blount County Probate Court include:
The Blount County Probate Court can pass judgment on a wide range of cases dealing with estates, wills, guardianship affairs, conservatorship issues, and more. In the Portfolio section of our website, we explain the activities handled by the Probate Court. We also offer a overview of Tennessee probate law. These resources may provide you with some useful guidance.
Tennessee state law governs the process through which the Probate Court deals with cases; however, there are a couple of exceptions. One exception for this court is with Trusts, which are governed by a combination of state statutes and common law. The conduct of Executors, Administrators, and Conservators is governed by the statutory rules of probate law, as well as general court rules in Tennessee.
Probate Court’s Jurisdiction
The Blount County Probate Court is located in Maryville, Tennessee, and is part of the 11th Judicial District. Its jurisdiction covers a wide-area that stretches over 400 square miles and includes all of Blount County. The court has exclusive jurisdiction over matters related to probate, administration of decedents’ estates, wills, estates of protected persons, and trusts in Blount County as well as jurisdiction over conservatorships, guardianships, and mental commitments. In addition, the court has authority and jurisdiction to appoint trustees, receivers, guardians ad litem, and special commissioners. The court further hears cases involving the guardianship and conservatorship of both minors and adults deemed to be incompetent. The court is empowered to appoint a guardian ad litem without compensation in any case where it is deemed appropriate or where there are concerns regarding the welfare or protection of a person.
A copy of the local rules governing the Blount County Probate Court is available online. There are several other courts within the 11th Judicial District to which the probate court for Blount County may refer matters. These may include:
In some cases, matters involving probate or administration may require that you proceed with a matter in an adjoining district. These districts may include:
These may be referred to in the Probate Court as "interdiction matters." An interdiction matter encompasses proceedings for the appointment of a committee for a person with a disability, including guardianships, conservatorships, and determinations of incapacity.
As with some other courts throughout the state, the Blount County (Tennessee) Court has adopted rules of procedure to govern most court proceedings. These rules may add additional requirements regarding pleadings and motions, timing and deadlines, hearings and meetings, and additional substantive matters not expressly addressed in the statutes.
Filing a Probate Case in Blount County
Filing a probate case in Blount County is essentially the same process as in other counties. However, every county might have slight variations in how the process is completed. Many courts will allow you to file a probate case electronically, they just need the hard copies and the original death certificate. The documents generally needed to open a probate are as follows: After the initial documents are filed (these documents are usually filed by the attorney if you are represented) it will be sent to the applicable Judge for their signature. At that time the Clerk’s office will contact you with your hearing date. Generally, you will get your hearing date sometime around 3-4 weeks after filing the case. However, the closer to the holidays that you file the case, the longer you may have to wait on the hearing date. When you go to your hearing, you will want to be in the courtroom 10-15 minutes prior to your hearing time. When the Judge’s call your case, they will want those present to be in the courtroom and ready to proceed with the hearing. You are required to give all proper notice to all interested parties by mail, after the case is filed with the Court. Without getting too in-depth, an interested party is a potential beneficiary to the decedent’s estate. The general rule is all heirs of an intestate (no will) decedent must be given notice. All beneficiaries under a will must be given notice. You can use the death certificate to show who the heirs are if your case is intestate.
Blount County Probate Court Procedures
The first thing folks should know about the Blount County, TN probate court is that merely dealing with one of its judges does not automatically put you in the "probate" department. In other words, even if you are forced into one of Blount’s courtrooms, it does not mean you are before a probate court judge.
Within the General Sessions Court jurisdiction of Blount County, there are two divisions: General Sessions Criminal Court and General Sessions Civil Court. In the General Sessions Civil Court (which is where most probate matters are handled), among the judges are eight chancellors (aka probate judges). So people dealing with these judges do not necessarily have to be dealing with a probate matter.
Ok, so there are two ways a probate matter is initiated in Blount County:
If your estate will require administration (and an administration will allow you to take a living trust asset back into the estate, file the final return, and close out the estate, etc.), I usually recommend that folks start the process by filing a Decedent’s Estate Inventory with the Clerk and paying the $200 filing fee. This is a procedure in the General Sessions Civil Court, so you don’t even have to see a judge to file the Inventory.
The purpose of the Inventory is to establish basic information so that folks will know how to get probate court proceedings started. First, the Inventory shows the amount of assets in the decedent’s estate; and second, the Inventory shows what Judge will be assigned to the matter if proceedings are needed. This is important because in Blount County, all cases are assigned by number. The number prefix identifies the type of case, the second digit the Judge, and the last three digits the case number. So once you know the Judge, you will know exactly where to find your case from the minute it is filed.
The next part of the process is the appearance hearing. After the Inventory is filed, the Clerk will prepare a notice of hearing for the petition and send it out to the heirs at law. Again, sooner or later your case will wind up in front of a Chancellor Judge, so this hearing gives you a chance to tell the Judge what you are trying to accomplish and what your plans for the estate are. It also gives the Judge a chance to determine whether the proceeding warrant the appointment of a personal representative, the issuance of Letters Testamentary (for a Will) or Administration (for a Will and no Will), and a bond for the personal representative. Once the Judge determines the basic issues, you will have a better idea of what assets to include on the next pleadings. The next pleadings will include the appointment of the personal representative (and serve as their official appointment as the personal representative) as well as the opening of an estate account where the decedent’s assets will be held. Note: It is not likely you will get an attorney at this hearing unless there are claims against the estate totalling more than $25,000.
Common Probate Issues
In Blount County, Tennessee, there are several common matters the Probate Court handles. One of the most frequently seen is the will contest. A will contest occurs when two or more individuals have competing claims to inherit property from the decedent. Generally, there are two kinds of will contests. First, there is what we call a "direct attack." This occurs when there are two or more wills, and all parties agree that at least one of the wills is invalid. Direct attacks almost always involve allegations of improper execution. For example, if the decedent signed his or her will but the proper witnesses were not present during the signing. These claims are typically made by interested heirs who would receive under an earlier will but not under a later will. Pretend the decedent signed two wills; the first in August 2020 (which may or may not be valid) and the second in September 2021 (which contains different terms and is alleged to be valid). An heir receiving under the August 2020 will would likely file a claim or petition in the September 2021 probate to invalidate the August 2020 will. The August 2020 will would not be exhibited to the court in the September 2021 probate (or if it was, an heir would file a caveat against the exhibit), which would terminate the August 2020 probate in favor of the September 2021 probate. The bottom line is that a direct attack invalidates an earlier will, and the later will is probated. Second, there is what is called a "catalog attack." A catalog attack is where there is only one will, and the validity of the will is in dispute. In other words, this is a situation where the party making the claim is not an heir under any will but wishes to compete for property . All claims of this nature must be filed within two years of the decedent’s death, and legally speaking, the will is presumed to be valid. A catalog attack means that the party making the claim is alleging the will is invalid. If a court finds that the will is not invalid, the matter will proceed to the probate of that will with no issues or at least no objection from the catalog attacker. However, if the court agrees with the attacker (who does not receive anything under the will anyway), the court will likely order the will invalid, and the estate will pass to alternate heirs or according to the law. Oak Ridge attorneys frequently handle will contests. Other issues commonly seen by the Blount County Probate Court are creditor claims and ademptions. Creditor claims are typically seen in either deceased spouse probate estates or in the probate of a conservatorship. Creditors have four months from the entry of the order appointing a personal representative to file their creditor claim with the court having probate jurisdiction. Where a spouse predeceases – or dies before the other spouse – there are often creditor claims filed against that spouse’s estate. These are either hospital or medical bills that have gone unpaid or an unsecured debt of the deceased spouse before death. Ademptions, on the other hand, are somewhat less common, but they do happen in Blount County. An ademption is where there is a demand for a specific property in the will but the property is no longer owned by the testator (because he or she has given it away, sold it, etc.) The problem with ademptions is that most executors and lawyers do not know what to do when they find one in a will. That is where an experienced Oak Ridge attorney can make minimizing the impact of an ademption possible.
Accessing Blount County Probate Court Records
Individuals, legal professionals, and others interested in accessing probate court records in Blount County will find that the process is straightforward. The Probate Court primarily maintains these records itself, but also provides access to certain record information through third-party databases. However, in order to obtain copies of records, access usually requires a visit to the Clerk and Master’s office.
Blount County has two places where probate records are filed: the Circuit Court Clerk’s Office and the Register of Deeds.
The Circuit Court Clerk’s office keeps the originals of all the probate case files. This includes wills, death certificates, and other estate documents. There is typically no charge for a person to review the file in the office. However, there are fees for staff to produce copies of documents.
The Register of Deeds retains a copy of each will that is probated in the county. Copies of these wills may be obtained from the Register of Deeds office. There is a fee to obtain copies of wills.
Individuals can access the complete probate records online through TrueFiling. First, individuals must register with TrueFiling by providing an email address and password. This is free of charge. Individuals must also pay a $50.00 setup fee to the state of Tennessee. In most cases, individuals will not need further authorization to use TrueFiling, so this is usually a one-time fee.
Individuals can access death certificates online through the TN Vital Records. Searchable indexes are available for persons who died after 1948. There is a fee to search for the record and to obtain copies of the record. Tennessee does not require a reason for desiring receipt of vital records, such as a will or trust. In a recent case, a private trustee sought a copy of a decedent’s death certificate. The clerk responded that Tennesee law did not allow the clerk to issue the certificate since the trustee was not a "person listed on the record as a parent or legal guardian."
In any case, regardless of which method is used to access probate court records, individuals can expect to pay fees for copies. The Clerk and Master charges the following fees for the following types of copies:
Probate Court Legal Resources
The Blount County, TN Probate Court does not provide a list of attorneys to assist individuals with their cases, but we know of several who are reputable and knowledgeable about the local Court. We can recommend:
Vititow Law
Bain and Hale, Attorneys at Law
Farah and Farah , Attorneys at Law
We also recommend visiting the Tennessee Legal Help site. It has a lot of information about a variety of legal issues outside of probate as well as links to free Tennesee legal forms. Also, a person in need of a divorce or an eviction proceeding might wish to visit the Court. Although the clerks will not provide advice to you, the Court staff does help foster a self-help environment for persons without attorneys.