Small Estate Affidavit in Tennessee: How It Works Now

Kylene Ross

Oct 1

4 min read

In Tennessee, a "small estate" is a probate estate where the probate property is worth $50,000 or less (Tenn. Code Ann. § 30-4-102). The old "small estate affidavit" has been replaced. Since 2023, families use a sworn petition for limited letters under The Small Estate Probate Act, filed at least 45 days after the death (Tenn. Code Ann. § 30-4-103). It does not cover real estate.

Why people still say "affidavit"

Tennessee used to have the "Small Estate Affidavit Limited Letter of Authority Act." In 2023, the General Assembly replaced it with The Small Estate Probate Act (Public Chapter 297 of 2023, HB 337 / SB 489). Court forms and websites may still use the old name. The process now runs through a petition to the probate court, and the court issues limited letters.

What counts toward the $50,000

Only "property" as the law defines it counts. That means personal property, owned by the person at death, that would go through probate (Tenn. Code Ann. § 30-4-102). It leaves out:

Property held as tenants by the entirety (a married couple's joint ownership).
Property held jointly with a right of survivorship.
Personal property payable to a named beneficiary other than the estate, such as many life insurance policies and retirement accounts.

So a person can leave much more than $50,000 in total and still have a small estate, if most of it passes outside probate. Our article Do I need probate in Tennessee? explains how to sort probate property from everything else.

The rules for filing

Under Tenn. Code Ann. § 30-4-103:

Wait 45 days. The petition can be filed after 45 days from the date of death, if no one has asked the court to appoint a personal representative.
Who files. One or more of the person's competent adult heirs. If there is a will that leaves property differently than the law would, the executor named in the will files.
What it lists. Each item of property and its value, plus each creditor and the amount owed.
No real estate. The petition must state that no real property is at issue. The limited letters give no authority over real estate.
Bond. A bond equal to the value of the property is required, unless the person filing is the only heir or beneficiary, or all adult heirs or beneficiaries consent.
Creditors. No notice to creditors is published, and creditors do not file claims in a small estate case.

The clerk then issues limited letters of administration (no will) or limited letters testamentary (with a will).

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What the limited letters let you do

The person named in the limited letters can show certified copies to banks and others holding the person's property. Those holders must pay or deliver the property on demand (Tenn. Code Ann. § 30-4-104).

The property then goes to the heirs under Tennessee law or, if there is a will the court has admitted, as the will says. People who receive property stay liable for one year to unpaid creditors or a later administrator (Tenn. Code Ann. § 30-4-104). Pay valid debts before you hand out what is left.

If you find more property later

If the representative or a creditor discovers more assets that push the estate over the limit, the court may convert the case into a regular probate administration (Tenn. Code Ann. § 30-4-104).

If there is a house

The small estate process does not reach real estate (Tenn. Code Ann. § 30-4-103). If the person owned a home or land in their name alone, talk to a lawyer about the right way to handle it. Our guide to executor duties in Tennessee covers a full estate.

Where to file

File in the county where the person usually lived when they died (Tenn. Code Ann. § 32-2-101).

Sumner County: Sumner County Chancery Court, Clerk and Master, 155 East Main Street, Room 3600, Gallatin. The office posts probate forms on its site.
Wilson County: Wilson County Probate Court, through the Clerk and Master at 134 South College Street, Lebanon. The clerk lists small estates among its cases and posts a small estate petition form.

Quick checklist

A certified death certificate.
The original will, if there is one.
A list of every asset in the person's name alone, with values.
A list of debts and who is owed.
Names and addresses of the heirs or beneficiaries.

How we can help

Attorney Kylene Ross and our probate paralegal, who has 20 years of probate, wills and estates experience, help families decide whether the small estate process fits and prepare the petition for the Sumner County Chancery Court or the probate court in a nearby county. If someone died without a will, read what happens when you die without a will in Tennessee. See our probate page and our estate planning and probate practice.

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