Small Estates in Tennessee: Small estate petition

Tennessee small estate rules at a glance

The official Tennessee code site wouldn't load for us, so this was read in a published copy of the statute. Confirm the current figure with the probate court clerk before you sign.

Can you use it?

You can generally use the Tennessee shortcut when all of these are true:

• The probate estate is $50,000 or less (probate personal property).
• Timing: 45 days after the death.
• No one has been appointed, or applied to be appointed, executor or administrator.
• Real estate: no. A small estate filing can't transfer real estate.

Other Tennessee rules

• Property held jointly with survivorship or payable to a named beneficiary doesn't count.
• If the property turns out to be worth more than $50,000, the case must be converted to a full administration.

How the Tennessee procedure works

1. Add up the probate estate. List what the person owned in their name alone, with no beneficiary or surviving joint owner, at its value on the date of death.
2. Check the timing. 45 days after the death.
3. Get the paperwork. Ask the probate court clerk in the county where the person lived for the current form.
4. Sign it under oath, usually before a notary, listing each person entitled to the property and their share.
5. File it. Sworn petition in the probate court, which issues limited letters. Once the court accepts it, banks and other holders release the property.
6. Pay debts and distribute. Pay the funeral and valid debts, then distribute under the will or Tennessee's intestacy law. If you take more than your share, the other heirs and creditors can come after you for it.

The person's final income tax return is still due by April 15 of the year after the death. See the final tax returns guide, and Form 1310 to claim a refund without an executor.

A car title moves through the state's motor vehicle office, which has its own forms: see how to transfer a car title after death.

If the estate is over the limit

Then the estate goes through probate: the court appoints an executor, who gets letters testamentary (or letters of administration when there is no will) and settles the estate. Tennessee's court and forms are in the probate forms by state table. In Tennessee, creditors have this long to claim: 4 months after first publication, or 60 days after a mailed copy if later. See how long probate takes in Tennessee.

Use the probate cost calculator to estimate the court, attorney and executor fees.

Tennessee taxes on a small estate

Tennessee has no estate or inheritance tax, so a small estate owes no state death tax. See Tennessee estate tax for the rules heirs still meet, such as income tax on an inherited IRA.

Small estate affidavits in other states

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming

Or compare them all in the 50-state table.

Related guides

• Letters testamentary: how executors get them, by state
• What is probate? How it works, step by step
• How long does probate take? Timeline by state
• Probate cost calculator: fees by state
• Probate court forms by state
• Transfer a car title after death, by state
• Executor checklist: what to do when someone dies
• Form 1310: claiming a deceased person's tax refund