TN · Chancery Court (or Probate Court in counties with one — Davidson, Shelby)
Tennessee
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".
Real property
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 AffidavitNo statewide mandatory form; counties publish own (Hawkins County example).
Statute