Tennessee Small Estate Affidavit Checker

A tighter cap than many neighboring states

Under the Small Estate Probate Act (T.C.A. 30-4-101 through 30-4-111), an estate qualifies when the value of its personal property doesn't exceed $50,000, as defined in § 30-4-102(9). Real estate is never included in this calculation — only personal property counts, and jointly-held or beneficiary-designated assets are excluded from the total as well.

A longer wait than most states

Tennessee requires 45 days from the date of death before the affidavit can be filed — longer than the 30-day wait common in many other states' small-estate processes.

The bond that can add a real cost

Unless waived, the petitioner posts a bond payable to the court clerk in an amount equal to the estate's value. Bond is not required if the petitioner is the sole heir under the will or by law, or if all heirs give written consent to waive it — otherwise, this becomes a genuine added cost on top of the filing fee itself.

Filed county by county

The petition goes to the probate court — often the Chancery Court Clerk and Master — in the county where the decedent had legal residence: Shelby County (Memphis), Davidson County (Nashville), Knox County (Knoxville), Hamilton County (Chattanooga), or any of Tennessee's 95 counties. The $50,000 threshold itself is set identically statewide.

Tennessee small estate — frequently asked questions

What is Tennessee's small estate affidavit limit?

$50,000 or less in personal property, under the Small Estate Probate Act (T.C.A. 30-4-102(9), as amended in 2023) — one of the lower thresholds among Southeastern states, and real estate is never included in the calculation.

How long do I have to wait to file Tennessee's small estate affidavit?

At least 45 days after the date of death — longer than the 30-day wait common in many other states.

Does Tennessee's small estate process require a bond?

Generally yes, payable to the court clerk in an amount equal to the estate's value — unless the petitioner is the sole heir, or all heirs give written consent to waive it.

Can Tennessee's small estate affidavit transfer a vehicle?

Yes — vehicles are personal property and count toward the $50,000 cap. Depending on the situation, either the small estate's limited letters or a separate Affidavit of Inheritance (Form F-1310501) can retitle the car at the county clerk.

Does a will block Tennessee's small estate process?

No, but if a will exists, the original must be deposited with the clerk to support the affidavit, and distribution follows the will's terms rather than Tennessee's laws of intestate succession.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Tennessee statute (T.C.A. 30-4-101 through 30-4-111). Actual eligibility depends on the estate's full facts. Confirm with the county Probate/Chancery Court or a licensed Tennessee attorney before acting.