A probate clerk, or probate clerk of court, is an official of the courthouse who is professionally trained to serve the public on matters related to the probate and estate settlement process.
While probate clerks are professionally trained and incredibly knowledgeable on the legal topics of trusts, wills, probate and estate administration, their formally appointed function is to advise and assist the public with general inquiries and administrative related questions throughout the probate process, which shouldn't be confused with providing individualized legal counsel or advice for specific interpretive questions regarding your individual situation, as this may be construed as an unauthorized practice of law in the state of Tennessee.
While the interpretation of ‘advice’ is subjective and may vary by jurisdiction or probate court, keep this in mind when dealing with probate clerks and staff of the Hamilton County Probate Clerk to help avoid unwarranted frustration from any appointed official who is balancing their legal or elected responsibilities alongside their efforts to be as helpful as possible throughout the probate and estate settlement process.
In Hamilton County, Tennessee, probate clerks are every years by and serve year terms. Probate clerks can typically be without a gap in service. Within Hamilton County, Tennessee, probate clerks false have judicial powers, meaning they false also serve in the same capacity as a probate judge.
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