How Do I Claim a Small Estate in Tennessee?

An estate of $50,000 or less, per T.C.A. §§ 30-4-101 to 30-4-104 (2023 Public Ch. 297). The procedure is available 45 days after the death.

Filed with the court exercising probate jurisdiction in the county where the decedent had legal residence at death, after 45 days from the date of death (waivable for good cause, § 30-4-103(8)) and only if no petition for appointment of a personal representative has been filed. Bond payable to the clerk with corporate surety equal to the property's value is required unless the petitioners are the sole heirs or sole beneficiaries or all adult heirs and beneficiaries consent in writing (§ 30-4-103(3)). The clerk issues limited letters on the statutory form in § 30-4-103(9); the personal representative furnishes clerk-certified copies of the limited letters to each holder of estate property (§ 30-4-104(a)). No notice to creditors is published and creditors may not file claims in a small estate probate (§ 30-4-103(6)); the letters remain open until automatic discharge on the first anniversary of issuance (§ 30-4-103(7)(B)). The limited letters reach only the property itemized in the petition, which must be attached to and made a part of the letters (§ 30-4-102(4)-(5)); the Administrative Office of the Courts' clerks-conference guidance instructs petitioners to file an order authorizing the clerk to issue the letters along with the sworn petition. If assets that push the estate over the small-estate limit are discovered during the administration, the court may allow the small estate to be converted into probate administration on a verified petition under § 30-1-117 (§ 30-4-104(e)).

Personal property only: "property" under the act means only personal property subject to probate, excluding survivorship and beneficiary-designated assets (§ 30-4-102(8)), and the statutory limited-letters form states that the letters give the personal representative no authority over any real estate of the decedent (§ 30-4-103(9)). Tennessee has no small-estate real-property affidavit.