Tennessee Small Estate Affidavit: Do You Qualify? Limits by Date of Death, Waiting Periods & Steps
Every figure on this page was verified against the official statute text on August 5, 2026 (next review by February 1, 2027). This is general legal information, not legal advice.
Small Estate Affidavit (Tennessee Small Estates Act)
Filed with the court clerk for approval
- Dollar limit
- $50,000 — for all death dates
What counts toward the limit: 'Small estate' = 'the probate estate of a decedent in which the value of the probate property does not exceed fifty thousand dollars ($50,000)'. 'Property' means ONLY personal property subject to probate; excludes personal property held as tenants by the entirety, property held jointly with right of survivorship, and personal property payable to a named beneficiary other than the decedent's estate. Real property is not covered — the Hawkins County form states 'This affidavit is not muniment of title for real estate. Tenn. Code Ann. § 30-4-102(4).' Insurance on the decedent's life payable TO THE ESTATE is counted (Hawkins County form).
- Waiting period
- 45 days from the date of death before the procedure can be used.
- Will requirement
- Available with or without a will.
- Notarization & approval
- Notarization is required. Court approval is required before use.
- Where the papers go
- Clerk of the court exercising probate jurisdiction in the county where the decedent had legal residence on the date of death
Who inherits without a will in Tennessee
Tennessee’s intestacy statute (T.C.A. § 31-2-104) controls when there is no will.
- Spouse, no descendants
- If no surviving descendants ('issue'), the surviving spouse takes 'the entire intestate estate'.
- Spouse and descendants
- Spouse takes 'either one-third (1/3) or a child's share of the entire intestate estate, whichever is greater'.
- Descendants only
- Estate passes 'to the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally'; remoter descendants take by representation.
After spouse/descendants, the order is parents, then siblings and their issue, then grandparents and their issue. Statute text via FindLaw, current as of January 2, 2024.
Tennessee small-estate questions
What is the small estate limit in Tennessee?
Under T.C.A. § 30-4-102 (definitions; $50,000 cap), the current figure is $50,000 ($50,000 — for all death dates). What counts toward it matters as much as the number: 'Small estate' = 'the probate estate of a decedent in which the value of the probate property does not exceed fifty thousand dollars ($50,000)'. 'Property' means ONLY personal property subject to probate; excludes personal property held as tenants by the entirety, property held jointly with right of survivorship, and personal property payable to a named beneficiary other than the decedent's estate. Real property is not covered — the Hawkins County form states 'This affidavit is not muniment of title for real estate. Tenn. Code Ann. § 30-4-102(4).' Insurance on the decedent's life payable TO THE ESTATE is counted (Hawkins County form).
How long do I have to wait after the death in Tennessee?
45 days from the date of death before Small Estate Affidavit (Tennessee Small Estates Act) can be used, under T.C.A. § 30-4-102 (definitions; $50,000 cap).
Does the Tennessee affidavit go to a court or straight to the bank?
Filed with the court clerk for approval. Specifically: Clerk of the court exercising probate jurisdiction in the county where the decedent had legal residence on the date of death
Who inherits without a will in Tennessee?
Tennessee's intestacy statute (T.C.A. § 31-2-104) controls. With a spouse and no descendants: If no surviving descendants ('issue'), the surviving spouse takes 'the entire intestate estate'. With a spouse and descendants: Spouse takes 'either one-third (1/3) or a child's share of the entire intestate estate, whichever is greater'.
What if family members disagree about who inherits?
The small-estate path assumes everyone entitled agrees. When there's a dispute, the affidavit process is the wrong tool in every state — a probate attorney can help resolve it, and our free check will tell you that honestly instead of selling you a packet.
Wondering whether a specific estate qualifies under these rules — with the right limit for the date of death? Run the free eligibility check. It gives an honest answer either way, and if the estate qualifies, the completed affidavit packet for Tennessee is a flat $79.
Sources
- https://codes.findlaw.com/tn/title-30-administration-of-estates/tn-code-sect-30-4-102.html
- https://codes.findlaw.com/tn/title-30-administration-of-estates/tn-code-sect-30-4-103.html
- https://codes.findlaw.com/tn/title-31-descent-and-distribution/tn-code-sect-31-2-104.html
- https://www.hawkinscountytn.gov/pdfs/small_estates_affidavit.pdf
EstateClaim is an automated document-preparation tool — not a law firm, and not legal advice. Statutes change; the figures above were verified on August 5, 2026. For advice about a specific estate, consult a licensed probate attorney.