Affidavit of Indigency Tennessee: How to Get Court Fees Waived

What a Guardianship or Custody Case Costs in Tennessee

Court filing fees for a guardianship or custody petition vary by county and court. Shelby County Probate Court charges $341.50 for a guardianship petition as of January 2026. Davidson County Juvenile Court's fee schedule lists separate charges for the petition filing, mediation litigation tax, and service of process.

On top of filing fees, you'll face service of process costs (sheriff service or certified mail per person served), and the court may require a Guardian ad Litem deposit. Background check and fingerprinting fees through vendors like IdentoGO run between the individual charges set by TBI and FBI processing.

For a grandparent on Social Security or a fixed income, these costs can be a real barrier. That's where the indigency affidavit comes in.

How the Affidavit of Indigency Works

The Uniform Civil Affidavit of Indigency, governed by Tennessee Supreme Court Rule 29 and T.C.A. § 20-12-127, lets a Tennessee resident begin a civil action without paying costs or litigation taxes upfront by filing the required oath of poverty and affidavit of indigency. Collection of costs is suspended until the court taxes them; the costs are not erased.

You file the sworn affidavit at the same time you file your guardianship or custody petition. In it, you disclose your household income, any public assistance you receive (Social Security, SSI, SNAP, TANF), your monthly living expenses, and your liquid assets.

A person who meets the Legal Services Corporation's poverty guidelines is presumed indigent, but the court may also find someone who does not meet those guidelines indigent. The court considers the information in the affidavit. If approved, the clerk's filing fee and sheriff service costs are deferred — you don't pay them upfront. If denied, you're ordered to pay the accrued fees within a set window, and you have the right to request a hearing on the denial.

What the Fee Waiver Does and Doesn't Cover

Covered: Initial court filing fees and sheriff service of process costs.

Not covered: Private investigator fees, expert witness costs, or private attorney fees. The affidavit does not erase court costs. Under T.C.A. § 34-1-114, the court may allocate proceeding costs, including Guardian ad Litem fees, to the ward's property to the extent it exceeds the SSI eligibility limit, or to the petitioner or another party; the petitioner remains responsible for initial filing costs.

Approval of the affidavit defers the costs — it doesn't necessarily eliminate them forever. But for most kinship caregivers, the deferral removes the biggest obstacle to getting into court.

What You'll Need to Fill It Out

Gather these before you go to the clerk's office:

• Recent benefit award letters (Social Security, SSI, disability, TANF)
• Pay stubs or proof of any employment income
• Bank statements showing current balances
• A list of monthly expenses: rent, utilities, food, medical, transportation
• Documentation of any public assistance you receive

Be thorough and honest. The affidavit is signed under oath, and incomplete information can delay approval.

Where to Get the Form

Davidson County Juvenile Court's listed online Affidavit of Indigency is for appointment of counsel under Rule 56. For a civil fee waiver, ask the clerk for the Uniform Civil Affidavit of Indigency under Rule 29 and confirm the court's filing instructions.

Legal aid organizations and the HELP4TN hotline (1-844-435-7486) can also help you fill out the affidavit correctly.

Filing Fees Shouldn't Stop You from Protecting a Child

The court fee waiver exists specifically so that financial hardship doesn't prevent someone from accessing the court system. If you're raising a grandchild or relative's child and need a guardianship or custody order, don't let the cost of filing keep you from starting.

The Guardianship and Custody for Grandparents and Relatives in Tennessee guide walks through the fee waiver process alongside every other step — from choosing the right court to the final hearing.

See more Tennessee guides →