How Do I Settle an Estate in Tennessee?
Settling an estate in Tennessee: the personal representative files the estate inventory within 60 daysTenn. Code Ann. § 30-2-301Verified Sep 15, 2026View source of appointment; creditors have 4 monthsT.C.A. §§ 30-2-306, 30-2-307, 30-2-310, 30-2-314, 30-2-317Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Settling an estate in Tennessee means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 9 months to 15 months on average, and the creditor claim period of 4 monthsT.C.A. § 30-2-306(b) cl. (1)(A) (4 months from the date of first publication or posting); § 30-2-306(b) cl. (1)(B) (60 days from receipt of actual notice, where actual notice arrives within 60 days of the 4-month date); § 30-2-306(b) cl. (2) and § 30-2-310(a) (12-month outer bar from the date of death); § 30-2-307(a)(1) (claims barred unless filed within the period prescribed in the § 30-2-306(b) notice); § 30-2-321 (that period is computed from the date of first publication). Verified 2026-09-08.Verified Sep 8, 2026View source is the floor. In a probate case the inventory of estate assets is due within 60 daysTenn. Code Ann. § 30-2-301Verified Sep 15, 2026View source of appointment.
Tennessee allows estates with personal property of $50,000T.C.A. § 30-4-101Verified Sep 8, 2026View source or less to use the Small Estate Probate Act PetitionT.C.A. § 30-4-101Verified Sep 8, 2026View source, which avoids full probate administration. Tennessee's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank. The waiting period is 45 daysT.C.A. § 30-4-101Verified Sep 8, 2026View source after death.
The creditor claim period of 4 monthsT.C.A. §§ 30-2-306, 30-2-307, 30-2-310, 30-2-314, 30-2-317Verified Oct 19, 2026View source runs from the first publication of the creditor notice, which follows the executor's appointment. The executor must publish notice in a local newspaperT.C.A. §§ 30-2-306, 30-2-307, 30-2-310, 30-2-314, 30-2-317Verified Oct 19, 2026View source for 2T.C.A. §§ 30-2-306, 30-2-307, 30-2-310, 30-2-314, 30-2-317Verified Oct 19, 2026View source consecutive weeks and send direct notice to known creditorsT.C.A. §§ 30-2-306, 30-2-307, 30-2-310, 30-2-314, 30-2-317Verified Oct 19, 2026View source. Every claim is barred 12 monthsT.C.A. §§ 30-2-306, 30-2-307, 30-2-310, 30-2-314, 30-2-317Verified Oct 19, 2026View source after death regardless of notice. Final distribution waits until the period has run.
Tennessee requires a bond of the personal representative by defaultT.C.A. § 30-1-201(a) (bond required unless the will excuses it, the PR is the sole beneficiary, all adult beneficiaries consent, or the PR is a bank excused under § 45-2-1005); § 30-1-201(a)(2) sets the penal sum at not less than the value of the estate subject to administration and not more than double it. Verified 2026-09-08.Verified Sep 8, 2026View source. The requirement can often be excusedT.C.A. § 30-1-201(a) (bond required unless the will excuses it, the PR is the sole beneficiary, all adult beneficiaries consent, or the PR is a bank excused under § 45-2-1005); § 30-1-201(a)(2) sets the penal sum at not less than the value of the estate subject to administration and not more than double it. Verified 2026-09-08.Verified Sep 8, 2026View source, by a waiver in the will, agreement of the heirs, or court order. A corporate surety's premium runs about 0.5%T.C.A. § 30-1-201(a) (bond required unless the will excuses it, the PR is the sole beneficiary, all adult beneficiaries consent, or the PR is a bank excused under § 45-2-1005); § 30-1-201(a)(2) sets the penal sum at not less than the value of the estate subject to administration and not more than double it. Verified 2026-09-08.Verified Sep 8, 2026View source of the bonded amount a year. The bond protects beneficiaries and creditors against mismanagement by the personal representative. The Tennessee executor fee calculator covers what the role itself can charge.
In Tennessee, a simple estate typically settles in 6 months to 9 months, and an average estate in 9 months to 15 months. An estate with a dispute, a tax issue or an unusual asset runs longer.
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Learn moreForms for Settling an Estate in Tennessee
Free forms for settling an estate in Tennessee: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Tennessee, the notice to creditors is published for 2T.C.A. §§ 30-2-306, 30-2-307, 30-2-310, 30-2-314, 30-2-317Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsT.C.A. § 30-2-306(b) cl. (1)(A) (4 months from the date of first publication or posting); § 30-2-306(b) cl. (1)(B) (60 days from receipt of actual notice, where actual notice arrives within 60 days of the 4-month date); § 30-2-306(b) cl. (2) and § 30-2-310(a) (12-month outer bar from the date of death); § 30-2-307(a)(1) (claims barred unless filed within the period prescribed in the § 30-2-306(b) notice); § 30-2-321 (that period is computed from the date of first publication). Verified 2026-09-08.Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Tennessee, a person named as personal representative may decline to serveTenn. Code Ann. § 30-1-112(a)Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Tennessee, heirs put their identity on the land records with an affidavit of heirship recorded with the countyTenn. Code Ann. § 30-2-712Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Estate Inventory
In Tennessee, the personal representative files the estate inventory within 60 daysTenn. Code Ann. § 30-2-301Verified Sep 15, 2026View source of appointment.
Estate Closing
In Tennessee, the personal representative is discharged by court orderTenn. Code Ann. § 30-2-307(a)(2); § 30-2-601(b)(2), (c)Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Tennessee
Free tools for settling an estate in Tennessee: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Tennessee, certified death certificates come from the Tennessee Department of Health - Office of Vital RecordsTennessee Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $15Tennessee Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source.
Do I Need Probate?
In Tennessee, estates with personal property of $50,000T.C.A. § 30-4-101Verified Sep 8, 2026View source or less qualify for the Small Estate Probate Act PetitionT.C.A. § 30-4-101Verified Sep 8, 2026View source, 45 daysT.C.A. § 30-4-101Verified Sep 8, 2026View source after death, a court procedure short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
Tennessee has no state income tax, so only the federal final Form 1040 is due for the decedentTenn. Const. art. II, § 28 (Amendment 3, 2014) — no tax on payroll or earned personal income; Tenn. Code Ann. § 67-2-102(5) (Hall income tax rate 0% for tax years beginning on or after Jan. 1, 2021) and § 67-2-124(c) ("The income tax levied by this chapter is eliminated for tax years that begin on or after January 1, 2021")Verified Sep 10, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Do I Do When Someone Dies?
After a death in Tennessee, the estate either qualifies for the simplified procedure for estates under $50,000T.C.A. § 30-4-101Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsT.C.A. § 30-2-306(b) cl. (1)(A) (4 months from the date of first publication or posting); § 30-2-306(b) cl. (1)(B) (60 days from receipt of actual notice, where actual notice arrives within 60 days of the 4-month date); § 30-2-306(b) cl. (2) and § 30-2-310(a) (12-month outer bar from the date of death); § 30-2-307(a)(1) (claims barred unless filed within the period prescribed in the § 30-2-306(b) notice); § 30-2-321 (that period is computed from the date of first publication). Verified 2026-09-08.Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Tennessee levies no estate or inheritance taxNo Tennessee death tax is payable. The inheritance tax (Tenn. Code Ann. Title 67, ch. 8, pt. 3) remains codified but is switched off: § 67-8-318 (Acts 2012, ch. 1057, § 3) — "This part does not apply in the case of any decedent who died in 2016 or in any subsequent year"; TN DOR — "The inheritance tax is no longer imposed after December 31, 2015. Please DO NOT file for decedents with dates of death in 2016 or after." The separate Tennessee estate tax (Title 67, ch. 8, pt. 2, § 67-8-204) is a federal-credit pickup keyed to the credit "allowable ... by § 2011 of the Internal Revenue Code" (§ 67-8-202(1)); 26 U.S.C. § 2011 was repealed (Pub. L. 113-295 § 221(a)(95)(A)(i)), so that tax computes to $0. The gift tax (pt. 1) likewise does not apply to gifts made on or after Jan. 1, 2012 (§ 67-8-118).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Tennessee imposes no inheritance or estate taxNo Tennessee death tax is payable. The inheritance tax (Tenn. Code Ann. Title 67, ch. 8, pt. 3) remains codified but is switched off: § 67-8-318 (Acts 2012, ch. 1057, § 3) — "This part does not apply in the case of any decedent who died in 2016 or in any subsequent year"; TN DOR — "The inheritance tax is no longer imposed after December 31, 2015. Please DO NOT file for decedents with dates of death in 2016 or after." The separate Tennessee estate tax (Title 67, ch. 8, pt. 2, § 67-8-204) is a federal-credit pickup keyed to the credit "allowable ... by § 2011 of the Internal Revenue Code" (§ 67-8-202(1)); 26 U.S.C. § 2011 was repealed (Pub. L. 113-295 § 221(a)(95)(A)(i)), so that tax computes to $0. The gift tax (pt. 1) likewise does not apply to gifts made on or after Jan. 1, 2012 (§ 67-8-118).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Tennessee take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxTenn. Pub. Ch. 181 (2017) (IMPROVE Act, HB 534), §§ 13, 15 — amending Tenn. Code Ann. §§ 67-2-102 and 67-2-124(c) (Hall income tax rate: 4% TY2017 → 3% → 2% → 1% → zero percent (0%) for tax years beginning on/after Jan. 1, 2021)Verified Sep 15, 2026View source.
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Tennessee Estate Settlement Resources
In-depth guides covering Tennessee probate, estate administration, and settling an estate.