FAQs • Shelby County, TN • CivicEngage

Am I required to have an attorney in Probate Court?: In general, a person has the right to represent oneself in legal proceedings. However, this is discouraged. Persons representing themselves are taking a serious risk in doing so. Legal proceedings involve statutes, court rules, deadlines; and other factors of which non-lawyers may not be aware. A person representing oneself is held to the same standards as if he or she is a lawyer. The judge is not allowed to give advice to the individual who attempts to represent oneself.
Also, it is important to understand that the Courts will not allow a person to represent oneself in his or her capacity as a fiduciary, such as executor, administrator, conservator, or guardian. The reason for this distinction is that in those capacities there are other people involved, such as heirs, beneficiaries under a will, or creditors. While serving as a fiduciary the person is not just representing oneself and therefore must have an attorney.

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Probate Court

1. How do I search for Probate Records?: The online database goes back to 1970. Use Case Information to search for files closed before September 30, 2013. Use Case Information II to search for files that are still open or were closed on or after October 1, 2013.

2. How do I view documents?: You will need the docket number in order to view documents. Use Case Information or Case Information II to obtain the docket number. Select "View Documents". Type in the docket number. For example if the docket number is D-14544, you would type D0014544. Click submit. All documents scanned will be available unless they are under seal. Wills are not available on the website. You must call (901) 222-3760 and order a copy of a will if you need it.

3. What are Court hours?: Court hours are when the Court is in session.
Open COURT:
Both Divisions 9 a.m. – 10 a.m.
Specially set matters only are heard after 10 a.m.

Name Changes:
Name changes are heard from 1:00 P.M. - 2:00 P.M Wednesdays Only
We recommend showing up at 12:30 P.M.

4. Do I have a to probate a will?: No. However, if a decedent owned assets in their individual name, it is doubtful that they can be transferred without a probate proceeding.

5. Am I required to have an attorney in Probate Court?: In general, a person has the right to represent oneself in legal proceedings. However, this is discouraged. Persons representing themselves are taking a serious risk in doing so. Legal proceedings involve statutes, court rules, deadlines; and other factors of which non-lawyers may not be aware. A person representing oneself is held to the same standards as if he or she is a lawyer. The judge is not allowed to give advice to the individual who attempts to represent oneself.
Also, it is important to understand that the Courts will not allow a person to represent oneself in his or her capacity as a fiduciary, such as executor, administrator, conservator, or guardian. The reason for this distinction is that in those capacities there are other people involved, such as heirs, beneficiaries under a will, or creditors. While serving as a fiduciary the person is not just representing oneself and therefore must have an attorney.

6. Can you refer me to an attorney?: The Clerk's Office cannot refer attorneys.

7. What is a Small Estate Affidavit?: This is a procedure allowed for estates totaling less than $50,000. Real estate cannot be listed on the affidavit. The forms can be obtained from the Clerk's Office at:
140 Adams
Room 124
Memphis, TN 38103

Contact the Clerk's Office at (901) 222-3750 for details. The cost is $107.50.

8. How long do I have to probate a will?: There is no set time required by law. Once probated the will relates back to date of death.

9. What is the average cost to probate a will?: There are different types of costs. There are court costs. Unless there are many claims and other litigation the total court costs should be less than four hundred ($400.00) dollars. Then there are other fees that are dependent on the size and nature of assets. These fees are typically incurred for legal proceedings, for appraisals of real and personal property, and for preparations of tax returns. No two estates are alike and it is very difficult if not impossible to determine what is average. Then too, there are costs incurred in actually transferring assets. The probate process gives some one or ones the right to transfer assets. There are additional costs involved in order to exercise this right. A full list of court costs is located on this website. These costs DO NOT include attorney fees.

10. How do I change a name? How much does it cost?: You must have a Petition and Order ready to be presented to the judge. The forms can be found at Forms page or can be obtained from the Clerk’s Office. It costs $166.50 to do a name change. You DO NOT have to have an attorney. For more information please see the Name Change Information. CORRECTING BIRTH RECORD A correction of a birth record is different from a change of name in that an error has been made and needs correcting. For example, the birthday is the 5th instead of the 6th or the name was misspelled. You will need to bring your birth certificate and a second form of identification. The cost for correcting a birth record is $166.50. NOTE: If you are changing the name of a minor child, both parents must be present OR have a notarized statement from the absent parent.

11. What if my question isn't answered here?: If you have questions that are not answered here please feel free to email our office at ProbateHelp@shelbycountytn.gov or call us at 901-222-3750. The Clerks Office will make every attempt to respond to your question within 48 hours.