Will or Living Trust in Nashville: What the Davidson County Probate Court Handles

Quick answer: In Nashville, a will goes through the Seventh Circuit Court, Probate Division, which has exclusive jurisdiction in Davidson County over the administration of estates, including the probate of wills. A living trust is a different tool: a written agreement under which you control the assets in the trust during your lifetime, and which names who receives them at your death. Which one fits depends on your family, what you own and how much of the process you are comfortable leaving to the probate court.

What does the Davidson County Probate Court handle?

The Probate Court Clerk’s Office manages the clerk duties for cases filed in the Seventh Circuit Court, Probate Division. The court holds exclusive jurisdiction in Davidson County over the administration of estates, including the probate of wills, which is why most people simply call it the Davidson County Probate Court.

It also shares jurisdiction over conservatorships and guardianships, and it handles name changes, emancipations, legitimations and legal issues involving trusts. That last item is worth noticing. Having a trust does not promise that your family will never see this court.

What does it cost to open an estate?

The clerk’s fee schedule effective January 1, 2026 lists $334.50 for a petition to probate a will. The same amount applies to a petition for letters of administration and to a small estate petition, with or without a will. Filing a claim against an estate is listed at $50.

Those are court fees only. They do not cover attorney fees or the other costs of settling an estate, and the schedule can change, so check the clerk’s current list before filing.

What does closing an estate involve?

Judge Andra Hedrick’s guidelines, issued February 20, 2024, say a solvent estate can be closed without a motion or a hearing once certain items are filed. They include:

• A statement of proper distribution from each personal representative.
• A receipt from each beneficiary of a specific bequest, if there is a will or codicil. For an interest in real estate, a copy of the recorded deed that transferred it is acceptable.
• A residuary distributee receipt and waiver of final accounting from each residuary distributee.
• Proof of payment, withdrawal or dismissal for each creditor claim.
• A TennCare release, unless the person was under age 55 at death.
• An inheritance tax release, unless the person died in 2015 or later. See does Tennessee tax your estate.
• A proposed order to close the estate.

The guidelines also touch on trusts. If a trustee signs a receipt or waiver for a beneficiary, the court asks for a copy of the trust or a certification of trust under Tenn. Code Ann. Sec. 35-15-1013. Somebody in your family will have to gather all of this, so it helps to know the list before you choose a plan.

How does a living trust work?

The FDIC describes living trusts, also called family trusts, as revocable trusts set up by a written trust agreement, generally for estate planning. Under the agreement, the owner controls the deposits and other assets in the trust during his or her lifetime, and the trust passes them to the named beneficiaries at the owner’s death. The owner may be called the grantor, settlor, trustor, maker or donor.

Signing the agreement is only part of it, because the things you want the trust to control have to be dealt with too. For a home, that raises the question of recording a deed in Davidson County. For a bank account, the FDIC looks for words such as “living trust” in the account title or the bank’s records, which also affects deposit coverage.

How do a will and a living trust compare?

Question	Will	Living trust
When does it come into play?	After death, when it is offered for probate	During your lifetime and at your death, under the trust agreement
Who controls the property while you are alive?	You own it directly	You, as the owner of the trust
Which court?	Probate Division, exclusive jurisdiction over the probate of wills	The same court handles legal issues involving trusts when they arise
Filing fee to start	$334.50 to petition to probate a will (2026 schedule)	The clerk’s schedule is for court filings; recording a deed has its own fees
Medical decisions	Not covered	Not covered

Neither document decides your medical care. In Tennessee that belongs in a separate Advance Directive for Health Care.

Which one fits your family?

There is no single right answer, and a consultation is the place to work through it. These questions usually help:

• Do you own a home or other real estate, in Davidson County or elsewhere?
• Who would you want in charge if you could not manage your own affairs?
• Are there children, a blended family or a beneficiary who needs care?
• Is long-term care through TennCare part of the picture?
• If you have a will already, do your loved ones know where the original can be found?

Sometimes the simpler answer is the right one, and you should hear that up front.

Why talk with Thompson Law in Nashville?

Attorney Christopher “Kim” Thompson has practiced in Middle Tennessee for over 30 years and knows the Davidson County court system. You work directly with him.

See our pages on living trusts and wills and estate matters. Call (615) 832-2335 for a free consultation, or contact the firm.