Probate Shortcuts in Tennessee

The probate process can be long and drawn out, costing your survivors time as well as money. Fortunately, Tennessee offers a probate shortcut for "small estates." If the property you leave behind at your death is below a certain amount, your loved ones can use a simplified procedure to transfer your property more quickly and with less hassle.

When Can You Use a Small Estate Proceeding in Tennessee?

A small estate proceeding is available in Tennessee if:

• the value of the assets left behind by the deceased person does not exceed $50,000
• the deceased person did not own any real estate
• 45 days have passed since the death, and
• no petition for the appointment of a personal representative has been filed.

(Tenn. Code §§ 30-4-102, 30-4-103 (2024).)

Who Can Begin a Small Estate Proceeding in Tennessee?

You can file a petition for "limited letters" to begin a small estate proceeding if you are:

• an heir of the deceased person, if there's no will, or
• the personal representative named in the deceased person's will.

(Tenn. Code § 30-4-103 (2024).)

Filing a Small Estate Petition in Tennessee

To open the small estate proceeding, you'll need to file a small estate petition for limited letters of administration if there's no will or limited letters testamentary if there is a will.

Check with the probate court in the county where the deceased person lived to find out if the county has a form petition available.

This petition includes information such as:

• why the person signing the petition has authority to begin the small estate proceeding
• a list of creditors and debts
• an itemized list of assets and values, and
• a list of heirs and beneficiaries of the will, if there was one.

For the full list of required information, see Tenn. Code §§ 30-4-103, 30-1-117 (2024).

You'll file the petition along with a certified death certificate with the probate court. If you're not the sole heir, you must file a bond unless all adult heirs and beneficiaries agree to waive a bond. (Tenn. Code § 30-4-103 (2024).)

If there is a will and the will's distribution of the estate is different than intestate succession laws—and the personal representative named in the will wants the will to be followed—the personal representative has two choices for obtaining limited letters:

• file a petition for the probate of an estate as a muniment of title to the property under Tenn Code § 32-2-111 and for limited letters testamentary of a small estate; or
• file the original will with affidavits of the will's witnesses with the clerk.

(Tenn. Code § 30-4-103 (2024).)

Collecting Property

Once the court issues limited letters, you can present the letters to the person or institution holding property that belonged to the deceased—for example, a bank where the deceased person had an account. The inheritor will usually also need to provide a certified copy of the death certificate. After that, the person or institution releases the asset. (Tenn. Code §§ 30-4-103, 30-4-104 (2024).)

Notably, using the small estate petition means that you can skip a step of regular probate that can take a few months: giving notice to creditors.

For More Information

For more help handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo). For an introduction to how you can plan your estate to help your survivors, try Estate Planning Basics, by Denis Clifford (Nolo).

For more on Tennessee estate planning issues, see our section on Tennessee Estate Planning.