Tennessee

Small-estate-affidavit threshold and procedure under § Tenn. Code §§ 30-4-101 to 30-4-105.

Verified 2026-05-04

Personal property

$50,000

statutory cap

45-day wait

45-day wait, waivable for "good cause shown".

Who is eligible to file

Surviving spouse or registered domestic partner
Adult children, equally if more than one
Parents of the decedent, if no spouse or descendants
The named executor under the will, if one exists
An heir at law under Tennessee's intestate-succession statute, in the absence of the above

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property

Passes by right of survivorship.

Community property w/ ROS

Vests in surviving spouse.

Beneficiary-designated

Life insurance, IRAs, 401(k)s.

TOD / POD accounts

Bank, brokerage, vehicle titles.

Living trust assets

Distributed by the trust, not the will.

Wages owed to surviving spouse

Often a separate path.

State note: 45-day wait, waivable for "good cause shown".

Waiting period

State requires 45 days to elapse from date of death (personal-property path) before filing.

Real property

Excluded — personal property only

TN Courts training PDF: "The Small Estate statute does not cover real property!"

Where to file

File with the Chancery Court (or Probate Court in counties with one — Davidson, Shelby) in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Tennessee judicial system operates an authoritative court locator.

Find your county’s Chancery Court (or Probate Court in counties with one — Davidson, Shelby) via the Tennessee judicial council website. Search for “Tennessee Chancery Court (or Probate Court in counties with one — Davidson, Shelby) county locator” or visit the state government court directory.

Form & statute

Form

Small Estate Affidavit
https://www.hawkinscountytn.gov/pdfs/small_estates_affidavit.pdf
No statewide mandatory form; counties publish own (Hawkins County example).

Statute

§ Tenn. Code §§ 30-4-101 to 30-4-105

https://www.tncourts.gov/sites/default/files/private-files/Small%20Estates_0.pdf

Small Estates Probate Act

Document checklistprintable

Certified copy of death certificate (request 4-6 from vital records)
Completed Small Estate Affidavit
Inventory of probate assets (see methodology for what counts)
Government-issued photo ID for affiant
Documentation of relationship to decedent (marriage / birth certificate)
Original will, if one exists (lodge with court even if not probated)
Account numbers, deed copies, vehicle titles for assets being transferred

Editorial review

Pending editorial review by a licensed probate attorney.

State data is verified against primary sources and reviewed by a licensed probate attorney before publication. Until that review is complete, this site is reference-only — not legal advice.