Probate in Tennessee: A Complete Guide

Tennessee probate is handled in either the Probate Court (in counties that have one — Davidson and Shelby in particular) or the Chancery Court. With the inheritance tax fully repealed in 2016 and no separate state estate tax, Tennessee is one of the more tax-friendly states for estates. This guide walks through every step.

Does Tennessee Always Require Probate?

No. Assets that pass outside of probate include those held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and property held by spouses as tenants by the entirety. Tennessee has not adopted a Transfer-on-Death Deed for real estate, so a revocable living trust is typically the most reliable way to keep real estate out of probate.

Probate Court vs. Chancery Court

Tennessee is unusual: jurisdiction depends on the county. Davidson County (Nashville) and Shelby County (Memphis) have dedicated Probate Courts. Most other counties handle probate through the Chancery Court. A few smaller counties handle it in Circuit Court. The procedure is similar across courts; the practical difference is mainly which courthouse you visit.

Small Estate Affidavit

For estates with personal property of $50,000 or less, Tennessee offers a Small Estate Affidavit (T.C.A. § 30-4-101 et seq.). The affidavit can be used 45 days after death. The affiant collects assets and distributes them to heirs and creditors — no formal probate is opened. The affidavit must be filed with the clerk of the court that would have jurisdiction over a full probate.

Muniment of Title — Tennessee's Hidden Gem

If the only probate asset is real estate (or if real estate is the primary remaining asset and no other administration is needed), Tennessee allows a Muniment of Title proceeding. The will is admitted to probate but no executor is appointed and no estate administration is opened. The court order admitting the will to probate is recorded with the property records to clear title. This is much faster and cheaper than full probate when real estate is the only issue.

How to Open Probate in Tennessee

1. File a Petition to Probate Will (or Petition for Letters of Administration if there is no will) in the Probate or Chancery Court of the county where the deceased was domiciled.
2. Attend the brief court hearing — typically scheduled 2–4 weeks after filing.
3. If approved, the court issues Letters Testamentary or Letters of Administration — your authority to act for the estate.

Creditor Claims in Tennessee

Tennessee requires the personal representative to publish a Notice to Creditors in a county newspaper. Creditors then have 4 months from the date of first publication to file claims against the estate (T.C.A. § 30-2-306). If no notice is published, creditors generally have up to 12 months from the date of death to file claims. Direct notice to known creditors triggers a 60-day claim window for those creditors.

Intestacy in Tennessee

If there is no will, Tennessee's intestacy statute applies. Key rules: if there is a surviving spouse and one child (or descendants of one child), they share equally. If there is a surviving spouse and two or more children (or their descendants), the spouse takes a child's share but no less than 1/3 of the estate. If there is no spouse, the descendants inherit; if no descendants, parents take next, then siblings.

Tennessee Has No State Estate or Inheritance Tax

Tennessee fully repealed its inheritance tax effective January 1, 2016. There has never been a separate state estate tax. Only the federal estate tax applies, with its exemption of $15 million per person for 2026. The vast majority of Tennessee estates owe no estate or inheritance tax of any kind.

Year's Support and Spousal Allowances

Tennessee provides several allowances for the surviving spouse and minor children that come off the top before creditors are paid:

• Year's Support (T.C.A. § 30-2-102): A "reasonable allowance" in money for the surviving spouse's maintenance during the year after death, based on the spouse's previous standard of living and the condition of the estate. This is not a fixed dollar cap — the court sets the amount case by case.
• Exempt property (T.C.A. § 30-2-101): Tangible personal property (household items, a vehicle not used primarily for business) with a fair market value up to $50,000, available to the surviving spouse or, if none, to unmarried minor children.
• Homestead allowance (T.C.A. § 26-2-301): $35,000 for an individual, or $52,500 combined for joint owners of the residence — figures that were significantly increased effective January 1, 2022. Upon the death of a head of family, the exemption inures to the surviving spouse and minor children for as long as they use the property as their principal residence.

These allowances are in addition to whatever the surviving spouse or minor children receive through the will or intestate succession, and they substantially protect the surviving spouse in small estates.