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Small estates in Tennessee (2026)

Tennessee has no small-estate affidavit. Small estates use Limited letters of administration / limited letters testamentary of a small estate (Small Estate Probate Act) (estates up to $50,000). Last checked .

Tennessee at a glance

Affidavit cap
No affidavit
Court shortcut
Limited letters of administration / limited letters testamentary of a small estate (Small Estate Probate Act) (up to $50,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Not with the affidavit

  • Tennessee has no small-estate affidavit. Small estates use Limited letters of administration / limited letters testamentary of a small estate (Small Estate Probate Act) (up to $50,000) — see the Tennessee page.

This is a first check, not legal advice. The cap counts only probate property (the state page says what that includes); debts, a pending probate case or an heir's dispute can change the answer. If you are unsure, ask the court's self-help center or a legal aid office.

The rules in Tennessee

  • The affidavit. Public Chapter 297 of 2023 deleted the old small estate affidavit chapter. Small estates now use a sworn petition to the probate court for limited letters, which the clerk issues without a hearing.
  • Conditions. No petition to appoint a personal representative may have been filed. The petition lists each item and value, and each creditor and amount owed. Bond equal to the property value is required unless petitioners are the sole heirs/beneficiaries or all adult heirs and beneficiaries consent. No notice to creditors is published. If a will changes who takes, the named executor probates it as a muniment of title or files it with witness affidavits.
  • Who can sign. One or more competent adult heirs; or, if there is a will that changes distribution, the person named as personal representative in the will.
  • Court filing. A sworn petition is filed with the court exercising probate jurisdiction in the county of legal residence; the clerk issues limited letters after any bond is posted.
  • Fee. Clerk's fee under Tenn. Code Ann. § 8-21-401 (amount not stated in the act)

Houses, land and vehicles

  • Real estate. Limited letters give no authority over real estate. Land needs another route, such as probate of a will as a muniment of title or regular administration.
  • Vehicles. The Department of Revenue's Affidavit of Inheritance (RV-F1310501), signed by all heirs and filed with the county clerk, transfers a vehicle when there is no will, no surviving spouse and no estate needing administration; a surviving spouse uses a separate process.

When the affidavit isn't enough

For estates with $50,000 or less of probate personal property. After 45 days, an heir (or the named executor) petitions; the clerk issues limited letters covering only the listed property, which holders must honor. Letters stay open one year, then the representative and surety are discharged automatically. If more assets turn up over the limit, the case may be converted to full probate.

Good to know in Tennessee

  • Recipients remain liable for one year, up to the value received, to unpaid creditors, anyone with a prior right, or a later personal representative; distributions before TennCare is repaid make both the representative and recipients liable to TennCare (§ 30-4-104(c)).
  • The official Tennessee Code (LexisNexis) sits behind a terms-of-use gate and the tncourts.gov small-estates document showed a browser-validation page; the 2023 enrolled public chapter was used as the source. A 2026 bill (HB 2269/SB 2290) to amend Title 30 did not appear to pass, but no official record was confirmed.
  • Because there is no affidavit, publishing this state as affidavit-unavailable relies on summaryProcedure.

Sources

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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