For anyone planning an estate in Tennessee or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under Tennessee law.
36 tools for Tennessee
Probate in Tennessee takes 6 months to 9 months for a simple estate and charges 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; assets held in a revocable trust skip both.
Tennessee does not authorize transfer on death deeds; sole-name real property goes through probate, at least 6 months for a simple estate, unless held in a trust or with a right of survivorship.
Tennessee does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
Tennessee has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
In Tennessee, the Chancery Court appoints the personal representative and the Clerk & Master issues Letters Testamentary or Letters of Administration; every appointment goes through the court.
In Tennessee, 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 of the creditor notice to present claims; late claims are barred.
When an estate owes more than it holds, Tennessee pays the claims in 4T.C.A. § 30-2-317Verified Sep 23, 2026View source classes in statutory order, beginning with costs of administration (incl. bond premiums, PR and counsel compensation).
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
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.
Estimate the fair market value of household items for probate and see how it affects fees.
In Tennessee, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee.
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 Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Settling a trust in Tennessee happens outside court: the trustee acts under the state's Uniform Trust CodeTenn. Code Ann. § 35-15-101 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries within 60 daysTenn. Code Ann. § 35-15-813(b); § 35-15-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
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.