Tennessee Inheritance: Plan an Estate or Settle One

Tennessee has not adopted the Uniform Probate Code, has enacted the Uniform Trust CodeTenn. Code Ann. § 35-15-101 et seq.Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActT.C.A. §§ 34-6-101 to 34-6-112; §§ 66-22-101, 66-24-101, 66-26-101, 66-26-103Verified Sep 20, 2026View source.

Probate of a simple estate in Tennessee runs 6 months to 9 months; an average estate takes 9 months to 15 months. The court filing fee is $275Tenn. Code Ann. § 8-21-401(c)(1) (as enacted by Pub. Ch. 486, HB 487, 114th Gen. Assemb., eff. 1/1/2026). Re-verified 2026-09-08 against the enrolled act at publications.tnsosfiles.com/acts/114/pub/pc0486.pdf, whose "FILING FEES IN COURTS ADMINISTERING ESTATES" table reads "Probate estates (including general administrations, small estates, insolvent estates, and muniment of title); conservatorships; or guardianships — $275 [as of January 1, 2026] / $300 [2027] / $325 [2028]", and whose SECTION 9 reads "This act takes effect January 1, 2026, the public welfare requiring it." No later act amends the section: all 1,142 published public chapters of the 114th Gen. Assemb. were downloaded and scanned 2026-09-08 (positive control "Tennessee Code Annotated" matched 1,136 of 1,142; nonsense control 0) — the only chapters mentioning § 8-21-401 are Pub. Ch. 268 and Pub. Ch. 1115, both of which merely CROSS-REFERENCE it (expunction clerk fees; victims assistance assessment) rather than amend it. Corroborated by Davidson Co. (Nashville) Probate Court 2026 fee schedule ($334.50 total = $275 base + state litigation tax).Verified Sep 8, 2026; attorney fees are reasonable compensationT.C.A. § 30-2-317(a)(1) (attorney fees are a first-priority cost of administration — "reasonable compensation to the personal representative and the personal representative's counsel"); see also § 30-2-606. No statutory percentage or fee schedule.Verified Sep 8, 2026View source; executor compensation typically runs 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $24,527T.C.A. § 30-2-317(a)(1) (attorney fees are a first-priority cost of administration — "reasonable compensation to the personal representative and the personal representative's counsel"); see also § 30-2-606. No statutory percentage or fee schedule.Verified Sep 8, 2026View source. The personal representative must post a bondT.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, which the will may waiveT.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.

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 at $15Tennessee Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source a copy. Processing time: 3 days by mail or onlineTennessee Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 60 daysTenn. Code Ann. § 30-2-301Verified Sep 15, 2026View source of appointment and publishes the notice to creditors 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.

A surviving spouse left out of the will can elect to take a statutory share insteadTenn. Code Ann. §§ 31-4-101, 31-4-102Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsTenn. Code Ann. § 35-7-121Verified Sep 15, 2026View source of age. Tennessee has no state income taxTenn. 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, so an inheritance and the income it earns are taxed only federally.