Shelby County Probate Records

Shelby County probate records are official documents concerning specific legal matters (specifically probate matters) handled by the Shelby County Probate Court, such as the administration of a decedent's estates and will execution. These probate processes ensure that a decedent's assets and possessions are fairly distributed to the beneficiaries of the decedent's will and other legally entitled persons and entities, like creditors

Some common types of probate records include wills, letters of administration, inventories, bonds, guardianships, distribution, and accounting documents. Due to their contents, these documents are highly sought after in resolving inheritance and estate administration disputes. Furthermore, probate records are utilized for genealogy research. In Shelby County, probate processes are governed by the Local Rules of the County Probate Court. Like other Shelby County court records, they are managed and disseminated by the court responsible for the hearing.

Are Probate Records Public?

Yes. Under the Tennessee Public Records Act and Supreme Court Rule 34, the public has the statutory right to access records maintained by government agencies and entities. Probate records maintained by local Probate Courts are subject to these laws. As a result, everyone can access public Shelby County probate records through the County Probate Court Clerk.

However, certain records are deemed confidential and expressly exempt from public disclosure by law or court order. Most notably, a patient's medical information and a will prior to the testator's death are non-disclosable to the general public. Generally, confidential records are only accessible to certain eligible persons. In the case of probate records, these eligible persons typically include parties to the probate case. It is worth noting that the Tennessee Comptroller provides a publication that outlines the exceptions to the Tennessee Public Records Act that interested persons can review.

What is Probate Court in Shelby County?

The Shelby County Probate Court is the judicial branch of the local government that has the authority to oversee a wide range of legal processes. These include conservatorships, guardianships, will execution, estate administration, name changes, birth certificate corrections, estate administration, and judicial hospitalization under the Tennessee Mental Health Law. The Court's Local Rules govern the responsibilities and day-to-day operations of the Shelby County Probate Court, and the court is located and may be contacted at:

140 Adams Avenue
Room 124
Memphis, TN 38103
Phone: (901) 222-3750
Fax: (901) 222-3756

Probate Court Case Lookup

In Shelby County, inquirers can look up probate court cases through the County Probate Court Clerk's Office in person or online.

In-person
Record seekers who can make the trip may visit the Shelby County Probate Clerk's Office during business hours (8:00 am to 4:30 pm), Monday through Friday. At the office, interested persons can request a search for and order black and white copies of probate cases court records for a $0.50 per page fee. To facilitate their request, inquirers must provide information about the sought-after probate case, such as a docket number, case number, or the name of the case party.

Note that the clerk's office observes certain holidays and is typically inactive or closes early on such days.

Online
The Shelby County Probate Clerk's Office provides different online resources record seekers can use to search for and access information and documents on probate cases. Interested persons can use the PW1 portal to access information on probate cases filed before October 2013. On the other hand, the Court Connect portal can be used to access information on probate cases filed after October 2013 to the present. Both portals are searchable by party name or case number. The Shelby County Probate Court also provides a dedicated portal that record seekers can use to view documents of local probate cases. Users must supply a case's docket number as a search criterion to look up relevant court documents on the portal.

Interested persons can also order copies of probate case records from the Shelby County Probate Clerk's Office by email at probate.copies@shelbycountytn.gov. The email request must contain information about the desired probate case, such as the case party's name, case number, or docket number, to assist the clerk in identifying the requested record. Note that requesters are charged a fee of $0.50 per page for email requests.

How to Find Probate Records Online Free

Record seekers can find Shelby County probate records online for free through the County Probate Clerk's Office online resources. These online resources are searchable using different details about a probate case, such as a case number, party name, or docket number. Inquirers can use the PW1 portal and Court Connect portal to search for information about local probate cases filed before October 2013 and after October 2013, respectively. Meanwhile, the View Documents portal, as the name implies, can be used to view official documents, like probate wills, services, court orders, accounting documents, and petitions, of local probate cases online.

Besides traditional government channels, individuals may find Shelby County probate records online through third-party aggregator websites offering public record search services. Most third-party websites allow users to conduct searches for free. However, requests for copies of probate records may be subject to certain fees.

How Long Does Probate Take in Tennessee?

It varies depending on several factors, such as the estate size and whether the decedent's will is challenged or disputed. Nonetheless, on average, a probate process can take six (6) months to a year to complete, provided there are no complications. However, in cases where disputes concerning asset distribution or other complications arise, probate proceedings can take well over a year to finalize.

Are Wills Public Record?

In Shelby County, once a will goes through probate, it becomes a public record. As a result, members of the general public are allowed access to probated wills regardless of whether they are an heir or beneficiary named on the will. Notwithstanding, no state statutes require wills to be public during the lifetime of the testator (the person who made the will).

How to Find Out If Someone Has a Will

In Shelby County, Wills are only made public after the testator's death, provided the Will has gone through probate proceedings. In such cases, interested parties can find out if someone has a Will by visiting the Shelby County Probate Court Clerk's Office to make in-person queries about the subject's will. They can also order copies of a public Will for a fee once found. Alternatively, record seekers can search for Wills online through the clerk's View Documents portal, the PW1 portal (cases before October 2013), and the Court Connect portal (cases after October 2013).

It is worth noting that filing one's Will with a probate court is not required under Tennessee Laws. As a result, a subject's will is not always available through a probate court. In such cases, the Will (if any) may be stored privately by the testator in their home, personal safe, bank deposit boxes, or electronically on their computer or hard drive. Sometimes, the testator may also submit their will with their attorney. Hence, interested persons can also find out if someone has a will by searching or contacting these places.

Shelby County Family Court Case Search

Shelby County Circuit Court has jurisdiction over family law cases that arise in the county. Hence, individuals can query the Shelby County Circuit Court Clerk's office to search for family court cases. Queries can be made in person at the clerk's office physical address during office hours (8:00 am to 4:30 pm) Monday through Friday at:

140 Adams Avenue
Room 324
Memphis, TN 38103
Phone: (901) 222-3800
Fax: (901) 222-3818

The Shelby County Circuit Court Clerk also provides a case search portal through which individuals can access public family case records remotely.