What Taxes Apply to My Inheritance in Tennessee, and When Will I Receive It?
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 by § 2011 of the Internal Revenue Code" (§ 67-8-202(1)); 26 U.S.C. § 2011 was repealed (Pub.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.
No. Tennessee imposes no state inheritance tax, so a beneficiary owes no state tax on what they receive. An inherited retirement account (a 401(k) or a traditional IRA) is still taxed as income when it is withdrawn, and the federal estate tax reaches an estate above the federal exemption.
No. The IRS does not treat inherited money, real estate or personal items as income, so a beneficiary in Tennessee does not report them on a federal return when received. Two exceptions: an inherited retirement account (a 401(k) or a traditional IRA) is taxed as ordinary income as it is withdrawn, and earnings after the date of death are taxable. Inherited property takes a stepped-up basis, its value on the date of death, for any later capital gain.
It depends on how the asset passes. Life insurance and a retirement account with a named beneficiary pay in a few weeks once the claim is filed. Trust distributions in Tennessee follow the trustee's administration rather than a court timeline. A probate estate in Tennessee takes 9 months to 15 months on average, and longer with a dispute or unusual assets.
Tennessee gives creditors 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 a claim against the estate. The executor does not make final distributions until the period has run, which is what keeps a beneficiary from inheriting an unpaid debt along with the asset.
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. 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 days after death. For a beneficiary that means the asset arrives in weeks rather than the months a probate estate takes.
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Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn moreForms for Planning and Settling an Estate in Tennessee
Free Tennessee forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
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.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Tennessee, a will is signed before 2T.C.A. § 32-1-104Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyT.C.A. § 32-1-104Verified Oct 19, 2026View source.
Tools for Planning and Settling an Estate in Tennessee
Free calculators and checklists for planning or settling an estate in Tennessee: will and trust costs, probate, executor pay, and inheritance taxes.
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.
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.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Tennessee costs an estimated $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 and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.7%T.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 to 2.7%T.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 of the estate. Estates under $50,000T.C.A. § 30-4-101Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Does Probate Cost?
Probate on a $500,000 estate in Tennessee costs an estimated $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. Attorney fees run 1.7%T.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 to 2.7%T.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 of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Tennessee, descendants divide what passes to them per capita with representationTenn. Code § 31-2-106Verified Sep 10, 2026View source, and an heir must survive the decedent by 120 hoursTenn. Code § 31-3-108Verified Sep 10, 2026View source to inherit.
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.
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Tennessee Estate Planning Resources
In-depth guides covering Tennessee probate laws, trust requirements, and estate planning strategies.