Small estate probate in Tennessee

Tennessee Code Annotated, Title 30, Chapter 4, is amended by deleting the chapter and substituting:

The Small Estate Probate Act.

means the probate estate of a decedent in which the value of the probate property does not exceed fifty thousand dollars ($50,000).

PASSED: April 6, 2023

After the expiration of forty-five (45) days from the date of the decedent's death, as evidenced by a copy of the decedent's death certificate, provided that no petition for the appointment of a personal representative of the decedent's estate has been filed in that period of time for the decedent's estate, either:

(A) One (1) or more of the decedent's competent adult heirs shall file a petition for the issuance of limited letters of administration of a small estate; or

the person seeking the limited letters shall file a sworn petition with the court

Tennessee · general information · checked October 24, 2026 · T.C.A. §30-4-103(1)–(2), as enacted by Pub. Ch. 297 (2023)

Tennessee Code Annotated, Title 30, Chapter 4, is amended by deleting the chapter and substituting:

The Small Estate Probate Act.

means the probate estate of a decedent in which the value of the probate property does not exceed fifty thousand dollars ($50,000).

PASSED: April 6, 2023

means only personal property, or any interest in personal property, owned by the decedent on the date of death that would be subject to probate, other than personal property held as tenants by the entirety or jointly with right of survivorship

Tennessee · general information · checked October 24, 2026 · T.C.A. §30-4-102(8), as enacted by Pub. Ch. 297 (2023)

After the expiration of forty-five (45) days from the date of the decedent's death, as evidenced by a copy of the decedent's death certificate, provided that no petition for the appointment of a personal representative of the decedent's estate has been filed in that period of time for the decedent's estate, either:

(A) One (1) or more of the decedent's competent adult heirs shall file a petition for the issuance of limited letters of administration of a small estate; or

the person seeking the limited letters shall file a sworn petition with the court

Tennessee · general information · checked October 24, 2026 · T.C.A. §30-4-103(1)–(2), as enacted by Pub. Ch. 297 (2023)

means only personal property, or any interest in personal property, owned by the decedent on the date of death that would be subject to probate, other than personal property held as tenants by the entirety or jointly with right of survivorship

Tennessee · general information · checked October 24, 2026 · T.C.A. §30-4-102(8), as enacted by Pub. Ch. 297 (2023)

A notice to creditors must not be published, and a creditor is not permitted to file a claim in a small estate probate;

The limited letters must remain open and active until the first anniversary of the issuance of the limited letters;

The person to whom payment, transfer, or delivery of any property of the decedent is made by the personal representative shall be liable and remain liable up to one (1) year from the date of payment, transfer, or delivery, to the extent of the value of the property received, to unpaid creditors of the decedent

Tennessee · general information · checked October 24, 2026 · T.C.A. §30-4-104(c), as enacted by Pub. Ch. 297 (2023)

(ii) File the original of the decedent's will together with affidavits of the attesting witnesses

The recording of the decedent's will and accompanying affidavits is deemed sufficient to probate the decedent's will for the purposes of this chapter;

Tennessee · general information · checked October 24, 2026 · T.C.A. §30-4-103(1)(B), as enacted by Pub. Ch. 297 (2023)