Filing for Guardianship in Tennessee Without a Lawyer

You Can File Without an Attorney

Tennessee generally allows self-representation in legal proceedings, including filing a minor guardianship petition. If appointed as a fiduciary in Shelby County Probate Court, however, you must have an attorney while serving as guardian. Many grandparents and relatives file pro se — representing themselves — especially when both parents consent to the arrangement. Legal aid organizations like HELP4TN and the Legal Aid Society of Middle Tennessee report that their waitlists push many eligible families to file on their own.

That said, filing pro se means you are responsible for every procedural step. The court clerk can identify a form that might meet your needs and explain how to fill it out, but cannot choose a legal strategy, tell you what to write, or fill out the form for you. A missed step can mean a dismissed petition and lost filing fees.

Step 1: Pick the Right Court

This is where many pro se filers go wrong. Tennessee does not have a single guardianship court.

• Guardian of the person only (you need authority over the child's daily life but the child has no significant assets): File in juvenile court.
• Guardian of person and property (the child has an inheritance, life insurance payout, or other financial assets): File in a court exercising probate jurisdiction or another court of record in a county with venue under T.C.A. § 34-2-101.

Filing in the wrong court wastes your filing fee and delays the case.

Step 2: Prepare the Petition

The Tennessee Administrative Office of the Courts does not publish a universal statewide minor guardianship petition form. What you need depends on your county:

• Metropolitan counties (Davidson, Shelby, Knox) may have local forms available at the clerk's office or through the court's self-help resources
• Rural counties often have no pre-made forms, meaning you draft the petition yourself or use a legal aid template

By statute, your sworn petition should include the child's name, date of birth, residence and mailing address; information about you and the proposed guardian; the closest relatives and present custodian for notice; and the reason for seeking a guardian. If the guardian will manage property, include the child's known assets, income, expenses and your proposed management plan, or ask the court to authorize an investigation if that information is unknown. It is also prudent to disclose prior custody orders and summarize the facts supporting your request.

The petition must be sworn under T.C.A. § 34-2-104. Follow your court's directions for administering the oath.

Step 3: File and Pay the Fee

Filing fees vary by county. Shelby County Probate Court charges $341.50 for a guardianship petition. Other counties range from roughly $150 to $400 depending on local litigation taxes.

If you are a Tennessee resident and cannot afford the costs, T.C.A. § 20-12-127 allows you to start the case without upfront security for costs or litigation taxes by filing the statutory oath of poverty and the Uniform Civil Affidavit of Indigency prescribed by Supreme Court Rule 29. The affidavit asks for your current income, other income sources, monthly expenses, assets, debts, and dependents. If the judge approves it, collection of costs and taxes is suspended until the court taxes them. Indigency approval does not cover private attorney fees, expert witnesses, or guardian ad litem deposits.

Step 4: Serve the Parents

Every living parent must receive formal notice. If a parent's address is known, serve them through the county sheriff or by certified mail with return receipt requested. The parent then has 30 days to file a written response.

If a parent cannot be found, you conduct a diligent search, file a sworn affidavit documenting your efforts, and — if the court approves — publish notice once a week for four consecutive weeks in a designated newspaper.

Skipping or bungling service is the most common reason pro se petitions get continued or dismissed.

Step 5: Ask About Background Checks

Tennessee law gives the court discretion to require additional actions in a guardianship case. Ask the clerk whether your court requires background checks before you order fingerprints or pay for screenings.

Step 6: The Hearing

Bring certified copies of the child's birth certificate, any death certificates for deceased parents, prior court orders, proof of service, and your background check results. Organize everything in a folder. The judge will confirm that notice was properly served, review the background checks, and evaluate whether the guardianship is in the child's best interests.

If a parent objects, the case becomes contested and the court applies the substantial-harm standard. Contested cases are significantly harder to handle without an attorney — this is where legal aid referrals matter most.

Common Pro Se Mistakes

• Filing in chancery court for a person-only guardianship (should be juvenile court)
• Serving the petition by regular mail instead of certified mail or sheriff service
• Filing the indigency affidavit with missing income documentation
• Bringing the child to court without being asked (children under 14 generally should not attend)
• Assuming a verbal agreement with the parents replaces formal consent forms

The Full Filing Roadmap

The Guardianship and Custody for Grandparents and Relatives in Tennessee guide lays out every step from court selection through post-order duties, with worksheets for tracking service of process, organizing hearing documents, and managing ongoing guardian responsibilities.

See more Tennessee guides →