Tennessee Small Estate Affidavit
In Tennessee an affiant can settle a small estate under the Small Estates Act, Tenn. Code Ann. Section 30-4-101 and following, when the personal property is $50,000 or less, by filing an affidavit with the probate court clerk 45 days after death. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a decedent's successor settle a modest estate without a full probate administration. Tennessee provides this through the Small Estates Act, Tenn. Code Ann. Section 30-4-101 and following, and two features set the Tennessee process apart. First, the waiting period is 45 days from the date of death, longer than the 30 days most states use, and the death certificate documents that the 45 days have run. Second, the affiant does not hand the affidavit to a bank; the affiant files it with the clerk of the court that exercises probate jurisdiction in the county where the decedent resided, and the clerk records it and issues the affiant limited authority to collect and distribute the estate. The Small Estates Act reaches the decedent's probate property, meaning personal property such as bank accounts, wages, and securities, only when its value does not exceed $50,000; real property stays outside the Small Estates Act. Because Tennessee publishes its code through a paid service, the $50,000 figure and the 45-day period should be re-confirmed against the current Tennessee Code with the attorney review that is available on this document. DocDraft builds your Tennessee small estate affidavit from your facts, with attorney review available before you file.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a decedent's successor settle a modest estate without full probate; Tennessee provides it through the Small Estates Act, Tenn. Code Ann. Section 30-4-101 and following.
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It is available only when the value of the decedent's probate property does not exceed $50,000 (Tenn. Code Ann. Section 30-4-102). Attorney review is available to confirm this figure against the current code.
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The probate property counted is personal property, such as bank accounts, wages, and securities; real property is not administered through the Small Estates Act.
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Tennessee uses a longer wait than most states: the affidavit may be filed only after 45 days have elapsed since the date of death (Tenn. Code Ann. Section 30-4-103).
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The affidavit is filed with the clerk of the court that exercises probate jurisdiction in the county where the decedent resided, not presented directly to a bank.
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The affidavit is supported by a copy of the death certificate, and the affiant lists the decedent's property, debts, and the heirs or beneficiaries.
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The clerk records the affidavit and, where applicable, issues authority for the affiant to collect and distribute the small estate.
Key decisions before you file
Before you file a Small Estate Affidavit in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Tennessee Requirements for Small Estate Affidavit
In Tennessee the affidavit may be filed only after 45 days have elapsed since the date of the decedent's death, evidenced by a copy of the death certificate (Tennessee Code Annotated Section 30-4-103). This is longer than the 30-day wait used in most states.
A small estate is one in which the value of the decedent's probate property does not exceed $50,000 (Tennessee Code Annotated Section 30-4-102). Attorney review is available to confirm this figure against the current Tennessee Code before filing.
The Small Estates Act applies to the decedent's probate property, which is personal property such as bank accounts, wages, and securities. Real property is not administered through this process and generally requires a full probate administration or another procedure.
The affidavit is filed with the clerk of the court that exercises probate jurisdiction in the county where the decedent resided (Tennessee Code Annotated Section 30-4-103). It is not presented directly to a bank. The clerk records the affidavit and issues the authority the affiant needs.
A copy of the decedent's death certificate is filed with the affidavit and evidences that 45 days have elapsed since the death (Tennessee Code Annotated Section 30-4-103). If the decedent left a will, the original is filed with the clerk.
The affidavit is filed by the person entitled to administer the small estate, typically a beneficiary named in the will or, with no will, an heir entitled under Tennessee intestacy rules. The affiant swears to the affidavit and is responsible for its accuracy.
A Tennessee small estate affidavit states whether there is a will, lists the decedent's unpaid debts and their amounts, itemizes the personal property and its value, names anyone holding the property, and identifies the beneficiaries or heirs and their relationships.
The affidavit is a sworn statement, and the affiant takes on duties to the decedent's creditors and heirs when collecting and distributing the estate. Because the requirements carry legal responsibility, attorney review is available before filing. Do not sign if the facts are uncertain.
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It is a sworn statement under the Tennessee Small Estates Act, Tenn. Code Ann. Section 30-4-101 and following, that lets a decedent's successor settle a modest estate without full probate. The affiant files it with the clerk of the court that exercises probate jurisdiction in the county where the decedent resided. It is available when the decedent's probate property, which is personal property, does not exceed $50,000, and it may be filed after 45 days have passed since the death. It is usually the fastest way to settle a small Tennessee estate.
Full probate in Tennessee opens an administration in which a personal representative gathers assets, pays claims, and accounts to the court. The Small Estates Act affidavit is a lighter process: the affiant files a sworn affidavit with the probate court clerk and, where applicable, receives authority to collect and distribute the estate without a full administration. It is available only when the probate property is $50,000 or less and 45 days have passed since the death.
Under Tenn. Code Ann. Section 30-4-102, a small estate is one in which the value of the decedent's probate property does not exceed $50,000. The property counted is personal property, such as bank accounts, wages, and securities; real property is not administered through the Small Estates Act. Because Tennessee publishes its code through a paid service, the exact figure should be re-confirmed against the current Tennessee Code, and attorney review is available for that.
Tennessee uses a longer wait than most states. Under Tenn. Code Ann. Section 30-4-103, the affidavit may be filed only after the expiration of 45 days from the date of the decedent's death, as evidenced by a copy of the death certificate. This is longer than the common 30-day wait, so a Tennessee affiant should count 45 days from the date of death before filing the small estate affidavit with the probate court clerk.
No. The Tennessee Small Estates Act applies to the decedent's probate property, which is personal property, and real property is not administered through this process. A Tennessee estate that includes real estate to be transferred generally must use a full probate administration or another procedure. The small estate affidavit reaches bank accounts, wages, securities, and similar personal property up to the $50,000 limit.
The affidavit is filed with the clerk of the court that exercises probate jurisdiction in the county where the decedent resided (Tenn. Code Ann. Section 30-4-103). It is not presented directly to a bank the way affidavits in some states are. The clerk records the affidavit and, where applicable, issues the authority the affiant needs to collect and distribute the decedent's personal property under the Small Estates Act.
The affidavit is filed by the person entitled to administer the small estate, typically a beneficiary named in the will or, if there is no will, an heir entitled under Tennessee intestacy rules. The affiant swears to the affidavit and is responsible for its accuracy. Because the affiant takes on duties to creditors and heirs, attorney review is available before the Tennessee small estate affidavit is filed with the probate court clerk.
A Tennessee small estate affidavit generally states whether the decedent left a will, lists the decedent's unpaid debts with the creditor names and amounts, itemizes the decedent's personal property and its value, names anyone known to hold the decedent's property, and identifies the beneficiaries or heirs and their relationships. A copy of the death certificate supports the 45-day period. Attorney review is available to confirm the current requirements before filing.