Tennessee Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Probate Court (or Chancery Court) address and local filing details, see that county’s page.

Where Probate Happens

Tennessee probate is administered through the Probate Court in most counties, or the Chancery Court in counties without a dedicated probate court. Tennessee has not adopted the Uniform Probate Code.

Step 1: Does The Estate Qualify For The Small Estate Process?

Small Estate Probate Act (Tenn. Code Ann. §§ 30-4-101 through 30-4-105)

Total value of the decedent’s personal property (no real estate, and excluding property held as tenants by the entirety, joint tenancy with survivorship, or payable to a named beneficiary other than the estate) must be $50,000 or less.
The decedent must have been a Tennessee resident.
At least 45 days must have passed since the death – one of the longer waiting periods among states with this kind of process.
Important distinction from many other states: Tennessee does NOT use a true out-of-court affidavit presented directly to asset holders. Instead, an interested party files a Petition for Limited Letters of Administration (informally still called a “small estate affidavit”) with the court, which – if approved – issues Limited Letters of Administration authorizing the personal representative to collect and distribute the itemized property.
A bond payable to the court clerk, generally equal to the estate’s value, is required unless the petitioner is the sole heir under the will (or, without a will, the sole heir by law), or all heirs consent in writing to waive it.
The petition must include whether a will exists, a list of unpaid debts and creditors, a description and value of all personal property, and the names/ages/addresses/relationships of all heirs or devisees.
Limited Letters are restricted to only the property specifically itemized in the attached petition – if the list isn’t attached to the Limited Letters, they aren’t considered valid.
No attorney is legally required to file, though the technical requirements make many families choose to work with one.

Muniment of Title (available in certain Tennessee counties, TCA § 32-2-111)

When the estate consists primarily of real property and there are no debts, the will can be filed for record as a “muniment of title,” transferring real estate without full probate administration – a distinctive option not available everywhere in the state; check with the local county.

STEP 2: FORMAL PROBATE (for estates over the small-estate threshold)

File with the Probate or Chancery Court in the relevant county; the court appoints an executor (with a will) or administrator (without one).
The personal representative inventories assets, manages creditor claims, and distributes the estate.
The creditor claim period is 4 months, beginning from the date of first publication of notice.

Timeline

Small estate petitions can move relatively quickly once the 45-day wait passes. Full probate typically takes 6-12 months; Davidson County (Nashville) and Shelby County (Memphis) can see moderate scheduling delays, while rural counties often move faster.

Taxes

Tennessee has no state estate tax and no state inheritance tax – both were fully repealed effective January 1, 2016. Only the federal estate tax could apply, and only to very large estates (federal exemption $15 million per individual for 2026).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Probate or Chancery Court address, phone number, and local filing details, visit that county’s page.