Tennessee Small Estate: Limit & How-To

A petition, not a walk-in affidavit — Tennessee's version still asks a court to sign off, just through a much lighter process than full administration.

T.C.A. 30-4-101 through 30-4-111

Quick answer: file a Petition for Limited Letters of Administration of a Small Estate with the probate court once personal property is at or under $50,000 and 45 days have passed since death. Check whether an estate qualifies with the Tennessee small estate checker.

Step by step

  1. Wait 45 days from the date of death. Tennessee's wait is longer than the 30 days common elsewhere.
  2. Total the personal property. Exclude real estate, jointly-held property, and anything already payable to a named beneficiary.
  3. Deposit the original will with the clerk, if one exists, even though it won't be formally probated.
  4. Complete the petition (technically a Petition for Limited Letters of Administration of a Small Estate) and file it with the probate court in the county of the decedent's residence.
  5. Post bond, or arrange to waive it — sole heirs, or all heirs consenting in writing, can typically skip this requirement.
  6. Receive limited letters and present them, with the death certificate, to banks, the county clerk (for vehicles), and other asset holders.

What it costs

Filing fees vary by county and by how many documents are attached — typically $100 to $150 — plus any bond premium if bond isn't waived, commonly cited around $125 to $2,500 depending on the estate's value.

Facing probate in Tennessee?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Tennessee attorney

The process runs through the probate court — often the Chancery Court Clerk and Master — in Shelby, Davidson, Knox, Hamilton, or any of Tennessee's 95 counties, following the same statewide $50,000 threshold.

Limit & how-to — frequently asked questions

What does Tennessee's small estate petition actually ask the court for?

Technically titled a Petition for Limited Letters of Administration of a Small Estate, it asks the court to confirm the estate qualifies as small and to authorize the petitioner to collect and distribute its assets.

What does Tennessee's small estate petition typically cost to file?

Filing fees vary by county and by how many documents are attached (will, death certificate, bond waiver), typically falling between $100 and $150, on top of any bond premium if bond isn't waived.

What happens if the decedent left a will in Tennessee?

The original will must be deposited with the clerk to support the affidavit, even though it isn't formally probated, and distribution follows the will's terms rather than Tennessee's intestate succession laws.

Does the petitioner have ongoing duties after filing in Tennessee?

Yes — the petitioner commits to collecting and preserving estate assets, paying creditors, distributing the remainder per the will or intestate law, and filing any required tax returns on estate property.

This page provides general guidance only and is not legal advice. Based on T.C.A. 30-4-101 through 30-4-111. Filing fees and forms vary by county. Confirm current requirements with the Probate/Chancery Court or a licensed Tennessee attorney before acting.