Probate in Tennessee: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Tennessee, family can use the small estate procedure, often called a small estate affidavit, if probate personal property is $50,000 or less, 45 days after death. Real estate can't pass this way. Tennessee has no transfer-on-death deed, so a living trust or joint ownership is the usual way to keep a home out of court. There is no state inheritance tax.

When someone dies in Tennessee, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Sometimes the answer is no, or not for long. Tennessee has a small estate procedure, a simple way to use a will as proof of title, and no inheritance tax. It also has one gap that surprises people: no transfer-on-death deed for a house. This page covers each piece, plus who inherits if there is no will. It is part of our state estate planning guides. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Tennessee?

Yes, if the estate fits. Tennessee's version is a sworn petition for limited letters, often called a small estate affidavit (T.C.A. 30-4-102, T.C.A. 30-4-103).

Item	Tennessee small estate procedure
Value limit	Probate personal property of $50,000 or less
What doesn't count	Real estate, jointly held and survivorship accounts, tenancy by the entirety property, and anything payable to a named beneficiary
Real estate	Can't pass this way at all
Earliest you can file	45 days after death (the court may shorten this for good cause)
Who files	One or more competent adult heirs, or the personal representative named in a will that changes who would inherit by law
What it lists	Each asset and its value, and each creditor and amount owed
Bond	Equal to the property's value, unless the filer is the only heir or beneficiary or all adult heirs agree in writing
Creditor notice	None is published under this procedure

The filing is allowed only if nobody has asked the court to appoint a personal representative.

The key point: a house never passes this way. A home needs another route.

Who inherits if there's no will?

Tennessee's intestacy law decides (T.C.A. 31-2-104). Tennessee is not a community property state.

If you are married:

No children or other descendants: your spouse takes everything. Your parents and siblings get nothing.
Descendants: your spouse takes one-third or a child's share, whichever is greater. Your descendants share the rest.

If there is no spouse, or for the part that doesn't pass to a spouse, the estate goes in this order:

Your descendants, equally if they are the same degree of kinship, by representation if not.
Your parents equally.
Your brothers and sisters, with a deceased sibling's descendants taking that sibling's share.
Half to your father's side and half to your mother's side: grandparents or their descendants.

Friends never appear on this list. A gift to a friend or a charity has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

How do I sign a will in Tennessee?

You sign in front of at least two witnesses, after telling them it is your will. The witnesses sign in front of you and each other (T.C.A. 32-1-104).

A handwritten will is valid with no witnesses if the signature and all important parts are in your handwriting. At probate, two witnesses must prove the handwriting (T.C.A. 32-1-105). A witnessed will can be made self-proving with the witnesses' sworn affidavit, which saves them a trip to court later (T.C.A. 32-2-110).

Who serves as personal representative?

Tennessee calls the executor a "personal representative." A will usually names one. Without a will, the court appoints, in this order (T.C.A. 30-1-106):

The surviving spouse, if the spouse applies.
The next of kin who apply. The court chooses among several.
If neither applies, a creditor who proves the debt under oath.

A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can someone out of state serve?

Yes. Tennessee lets any resident or nonresident person serve as personal representative, and no family relationship is required (T.C.A. 35-50-107).

There are a few conditions. Before acting, the nonresident appoints the Tennessee Secretary of State in writing to receive legal papers, pays a $10 fee and gives the court the receipt. The court may require a bond equal to the personal property taken out of Tennessee, even if the will waives bond. Without a will, a nonresident can't serve without bond unless all the heirs ask the court to allow it.

Is there a simpler kind of probate?

Tennessee doesn't use the informal probate of the Uniform Probate Code. Its two simpler options are the small estate procedure above and probating a will as a "muniment of title" (T.C.A. 32-2-111).

A muniment of title makes the will proof of who owns the property, without appointing a personal representative or running a full estate. Families sometimes use it when the main job is passing title to a house under a will. Our post on the probate process walks through a full administration, and how long probate takes covers timing.

How long do creditors have?

Within 30 days after letters issue, the clerk publishes a notice to creditors for two weeks in a row (T.C.A. 30-2-306). The personal representative also sends notice to known creditors.

Creditors must file by the earlier of two dates (T.C.A. 30-2-307):

Four months from the first publication (or 60 days from actual notice, for a creditor notified less than 60 days before that date), or
Twelve months from the date of death.

How much is the personal representative paid?

Tennessee says "reasonable compensation" for the personal representative and their lawyer, and ranks it among the first costs paid (T.C.A. 30-2-317). There is no percentage schedule in the statute. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Not with a transfer-on-death deed. Tennessee has no law allowing one. Bills to adopt one were filed in 2025 and 2026 and did not pass (SB 984, SB 2029 / HB 1793).

The common route is a revocable living trust. In Tennessee, a trust is revocable unless it says it is irrevocable, for trusts signed on or after July 1, 2004 (T.C.A. 35-15-602). Our post on what a trustee does explains who manages it, and how to avoid probate compares the options.

Will my heirs owe Tennessee inheritance tax?

No. Tennessee's inheritance tax is repealed for deaths in 2016 and later, and the old consent-to-transfer form is no longer needed (Tennessee Department of Revenue, Notice 13-13).

Which path fits your family?

Situation	Likely path in Tennessee
Only personal property, $50,000 or less, no house	Small estate procedure after 45 days
A house titled in a living trust	The trustee transfers it, no court case for the house
A house in your name with a will that leaves it	Probate, possibly as a muniment of title
A larger estate, debts to sort out, or a family disagreement	Full administration with a personal representative
Accounts with a named beneficiary or joint owner	Paid outside probate

Here is a typical case, a composite. Ruth, 76, lived in Franklin and never married. Her house was in a revocable trust naming her nephew as successor trustee. Her checking and savings, about $30,000, were in her name. Forty-five days after Ruth died, her nephew filed the small estate petition for the accounts, and the trust handled the house.

Some people would rather not leave this to a nephew several states away. Kinly members can name Trella Trust Company as executor or trustee in their documents, first or as backup to someone they choose. If it steps in and settles an estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Tennessee financial power of attorney guide and Tennessee medical power of attorney guide.

Common questions

What is the small estate limit in Tennessee?

Probate personal property of $50,000 or less. Real estate doesn't count toward the limit and can't pass this way. The family can file 45 days after death, unless the court shortens the wait.

Does a surviving spouse inherit everything in Tennessee?

Only if there is no will and no descendants. If there are children or grandchildren, the spouse takes one-third or a child's share, whichever is greater.

Can someone who lives in another state be a personal representative in Tennessee?

Yes. A nonresident can serve after appointing the Tennessee Secretary of State to receive legal papers. The court may require a bond.

Does Tennessee have a transfer-on-death deed?

No. Bills to create one in 2025 and 2026 did not pass. A revocable living trust is the usual way to keep a Tennessee home out of probate.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

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