After a death in Tennessee

Small estates

Small estate procedure (Tenn. Code 30-4-102 and 30-4-103). Can be used when probate property is worth $50,000 or less. Property owned jointly with survivorship, tenancy by the entirety property, and assets payable to a named beneficiary do not count. There can be no real estate involved. After 45 days from death, if no one has asked to be personal representative, an adult heir or the executor named in the will files a sworn small estate petition with the probate court clerk and receives limited letters. A surety bond equal to the property value is required unless the petitioners are the only heirs or beneficiaries or all adult heirs and beneficiaries consent in writing.

• Limit: $50,000 (probate property only)
• Waiting time after the death: 45 days
• Source: the official source

Probate court

In Tennessee, estates are handled by the Probate court or chancery court in the county where the person lived. Which court handles probate depends on the county., usually in the county where the person lived.

Creditor claims: Claims are barred unless filed within the time in the published notice, usually 4 months from first publication. A creditor who gets actual notice has 60 days from that notice. In all cases claims must be filed within 12 months of death (Tenn. Code 30-2-307).

Official court forms

Self Help Center | Tennessee Administrative Office of the Courts

The Tennessee courts’ general self-help center for people without a lawyer.

Small estate form: open the form

Tennessee has no statewide probate forms page. Small estates are handled by the county probate or chancery court clerk, who usually has their own forms.

Ask the clerk of the probate court in the county where the person lived for the forms they use. Many courts post them on the county website.

Estate and inheritance tax

• State estate tax: No. Tennessee has no state estate tax.
• Inheritance tax: No. Tennessee has no inheritance tax for deaths in 2016 or later.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: No. Tennessee has no transfer on death deed for real estate. The 2026 bill to adopt one (HB1793 and SB2029) did not pass, and a 2025 bill (SB984) also failed. Families usually use joint ownership with right of survivorship or a living trust instead.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: The will maker signs (or acknowledges a signature, or directs another to sign) in front of at least two witnesses and tells them the paper is their will. The witnesses sign in the presence of the will maker and of each other (Tenn. Code 32-1-104). A self-proving affidavit before a notary is allowed (Tenn. Code 32-2-110).

Handwritten wills: Valid without witnesses if the signature and all material provisions are in the will maker’s handwriting. Two witnesses must later prove the handwriting in court (Tenn. Code 32-1-105).

Power of attorney and health care directive

Financial power of attorney: Tennessee uses the Uniform Durable Power of Attorney Act (Tenn. Code 34-6-101 and following), not the newer Uniform Power of Attorney Act. A durable power of attorney must be in writing and include words showing it continues if the principal becomes disabled or incapacitated (Tenn. Code 34-6-102). The statute does not list witness or notary rules, but notarizing is strongly advised so it can be recorded and accepted for real estate.

Health care directive: Advance Directive for health care (Tenn. Code 68-11-1803), which can appoint a health care agent and state treatment wishes. It must be notarized or signed before two competent adult witnesses. The agent cannot be a witness, and at least one witness must not be related by blood, marriage or adoption and must not stand to inherit.

Death certificates

Certified copies come from the Tennessee Department of Health, Office of Vital Records, 710 James Robertson Parkway, Nashville. Phone 855-874-7686. Local county health departments also take requests.. The funeral home can usually order them for you.

Certified copies go only to the person named or certain family members. Others need papers such as letters testamentary or an insurance policy naming them as beneficiary. ID is required.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Tennessee married couples can opt into community property treatment through a Tennessee community property trust (Tennessee Community Property Trust Act of 2010). Tennessee has no transfer on death deed as of 2026.