How Probate Works in Tennessee

Does Tennessee require probate?

Not always. Tennessee provides a simplified option for smaller estates that can avoid the full probate process.

Estates with personal property valued at $50,000 or less (not including real estate) can use a small estate affidavit to transfer assets without formal probate. For larger estates, Tennessee's probate process is relatively straightforward, especially for uncontested cases.

---

What court handles probate in Tennessee?

Probate in Tennessee is handled by the Probate Court or Chancery Court in the county where the deceased person lived. Tennessee's court structure varies by county:

• Some counties (including Davidson County/Nashville and Shelby County/Memphis) have a dedicated Probate Court.
• Other counties handle probate matters through Chancery Court.

The personal representative (called an "executor" if named in a will, or an "administrator" if appointed by the court) files the will, death certificate, and required paperwork with the appropriate court. The court issues Letters Testamentary (with a will) or Letters of Administration (without a will).

There is no specific statutory deadline to file for probate in Tennessee, but it should be filed promptly.

---

Small estate threshold

Tennessee allows a small estate affidavit for estates where the personal property (excluding real estate) is valued at $50,000 or less (Tennessee Code § 30-4-103).

Requirements:

• At least 45 days must have passed since the date of death.
• No petition for the appointment of a personal representative is pending or has been granted.
• The affidavit must list all known assets and debts of the estate.
• The claimant must be entitled to receive the property under the will or intestate succession laws.

The affidavit is presented to banks, brokerages, or other institutions to claim assets. No court filing is required.

Real property cannot be transferred through the small estate affidavit process. If the estate includes real estate that must pass through the estate, full probate is required.

---

What if there is no will?

When someone dies without a will in Tennessee, the estate follows the state's intestate succession laws (Tennessee Code § 31-2-104):

• Spouse, no children. The surviving spouse inherits the entire estate.
• Spouse and children. The surviving spouse receives either one-third of the estate or a child's equal share (whichever is greater). The children divide the remainder equally.
• Children, no spouse. The children inherit everything equally.
• Parents (no spouse or children). The parents inherit everything.
• Siblings (no spouse, children, or parents). The siblings inherit everything equally.

Tennessee also provides a homestead exemption of $5,000 (or $25,000 for minor children) and a year's support allowance for the surviving spouse and minor children during estate administration.

For a broader overview, see our guide on handling an estate without a will.

---

What makes Tennessee different?

Dual court structure

Tennessee's county-by-county split between Probate Courts and Chancery Courts is unusual. Check with your county clerk to determine which court handles probate in your county. In practice, both courts follow the same probate statutes, but the specific procedures and forms may differ slightly.

No state estate or inheritance tax

Tennessee repealed its state inheritance tax (the Hall Tax applied only to investment income, not estate transfers) effective January 1, 2016. Tennessee has no state estate tax and no state inheritance tax. Only the federal estate tax applies, and only to estates exceeding approximately $13.99 million in 2025.

The 45-day waiting period

Tennessee's 45-day waiting period for small estate affidavits is slightly longer than most states (many require only 30 days). Keep this timeline in mind if you plan to use the simplified process.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Tennessee.

---