Tennessee Conservatorship Cost and Filing Process

What It Actually Costs

The headline number families hear — "$2,000 to $5,000" — is accurate for an uncontested conservatorship where the family hires an attorney. But the total depends on several variables, and understanding each line item helps you budget accurately and identify where to save.

Court Filing Fees

Under T.C.A. § 8-21-401(c)(1), the base court cost for opening a probate case is $275. But that's the state minimum — individual counties add local litigation taxes and clerk fees. Davidson County (Nashville), for example, lists the total filing cost for a conservatorship petition at $334.50 as of 2026. Shelby County (Memphis) runs slightly different. Rural counties generally stay closer to the $275 base.

Call the Clerk and Master's office (or the Probate Court clerk in Shelby or Davidson County) before filing to get the exact amount. They'll tell you over the phone.

Guardian ad Litem Fees

The court appoints a Guardian ad Litem — typically a licensed attorney — to investigate independently and file a written report on whether the conservatorship is appropriate and whether the proposed conservator is suitable. The GAL interviews the young adult, visits the home, reviews medical records, and assesses the family situation.

GAL fees typically range from $500 to $1,000 for an uncontested case. In complex or contested proceedings, the cost can go significantly higher. Under T.C.A. § 34-1-107, the court can only waive appointment of a GAL for good cause — which rarely happens in first-time petitions.

Medical Evaluation

T.C.A. § 34-3-105 requires a sworn report from a licensed physician, psychologist, or senior psychological examiner. The evaluation must be completed within 90 days of filing the petition and must detail:

• The nature and extent of the disability
• The evaluator's opinion on whether a conservator is necessary
• Specific recommendations on which rights should be removed and which retained

Cost: $100–$500 depending on whether you use the young adult's existing physician (cheaper, since they already know the medical history) or need a specialist evaluation. A neuropsychological evaluation from an independent psychologist runs $1,500–$4,000, but the statute requires only a "physical or psychological examination" — not a comprehensive neuropsych battery. Many families use their child's treating physician or psychiatrist.

Sheriff Service Fees

The respondent and all legally required parties must receive formal notice of the petition. If served by the county sheriff, expect $20–$50 per person served. If notice can be sent by certified mail (some courts allow this), the cost drops to postage.

Attorney Fees

This is the largest variable. Tennessee special needs attorneys typically charge:

• Flat fee for an uncontested petition: $1,500–$3,000 (includes petition drafting, court appearance, and filing)
• Hourly rate for contested proceedings: $200–$400/hour

A contested case — where the young adult objects, where family members disagree about who should serve as conservator, or where the GAL recommends against the petition — can run $5,000–$15,000 or more.

Total Estimate

Who Pays

Under T.C.A. § 34-1-114, the court has broad discretion over cost allocation. If the conservatorship is granted, the court can charge costs against the respondent's property (their estate). If the young adult has minimal assets — which is common when SSI is the sole income — the petitioner typically absorbs the costs.

The Pauper's Oath Fee Waiver

Low-income families can file a pauper's oath to waive initial court filing fees. This doesn't eliminate GAL or attorney costs, but it removes the filing fee barrier. Contact the court clerk's office for the affidavit form — you'll need to document household income and inability to pay.

Filing Process Step by Step

Step 1: Determine the Correct Court

File in the court with probate jurisdiction in the county where the young adult (the respondent) physically resides.

• Shelby County (Memphis): Dedicated Probate Court
• Davidson County (Nashville): Dedicated Probate Court
• All other 93 counties: Chancery Court, administered by the county Clerk and Master

Step 2: Prepare the Petition

Under T.C.A. § 34-3-104, the sworn petition must include:

• Respondent's full name, date of birth, address
• Description of the nature and extent of the disability
• Petitioner's name, age, address, relationship to the respondent, and criminal history disclosure
• Proposed conservator's name, relationship, and criminal history
• List of closest relatives (parents, siblings, children) who must receive notice
• Summary of facts showing conservatorship is the least restrictive option
• Estimated value of the respondent's property, income sources, monthly expenses, and a proposed property management plan (if seeking financial conservatorship)

Step 3: Obtain the Medical Report

Schedule the evaluation so it's completed within the 90-day window before filing. The report must be sworn (signed under oath) by the evaluator.

Step 4: Background Check

The petition must include a certified search of the Tennessee Department of Health's Vulnerable Persons Abuse Registry for the proposed conservator. This confirms no history of abuse, neglect, or exploitation. Request the search through the Department of Health well before filing.

Step 5: File and Serve

File the petition, medical report, and background check with the court clerk. Pay the filing fee (or file the pauper's oath). The clerk will issue notice to the respondent and all required parties. The court will schedule a hearing date and appoint the Guardian ad Litem.

Step 6: Cooperate With the GAL Investigation

The GAL will contact you to schedule a home visit and interview. Have the following ready:

• All medical and psychological evaluations
• Recent IEP documents and transition assessments
• Documentation of the young adult's functional abilities and limitations
• Financial records (bank statements, benefit award letters, expenses)
• Evidence that less restrictive alternatives were evaluated (POA attempts, SDM discussions, correspondence with providers)

Step 7: Attend the Hearing

For an uncontested petition with a favorable GAL report, the hearing is typically brief — 15 to 30 minutes. The judge reviews the evidence, hears from the GAL, and asks the petitioner questions about the proposed arrangement.

If the petition is granted, the judge issues an order specifying exactly which rights are transferred. The conservator then takes a formal oath, the clerk issues Letters of Conservatorship, and the post-appointment obligations begin: filing the property inventory within 90 days, establishing the property management plan, and setting up the annual reporting schedule.

Before You File

The conservatorship cost — $2,400 to $5,000 for an uncontested case — is substantial for families already managing the financial pressures of disability. Before committing to that path, evaluate whether a combination of alternatives to conservatorship — durable POA, healthcare agent, educational delegation, Representative Payee — covers your specific needs.

The Tennessee Adult Guardianship & Alternatives Guide includes a decision comparison worksheet that maps each tool to specific domains, a capacity assessment log to determine whether POA is an option, and the complete court filing preparation checklist with the statutory citation for every required element.

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