Settle a small estate in Tennessee without probate
In Tennessee this is called: Small estate (Small Estate Probate Act): limited letters of administration or limited letters testamentary of a small estate. If the person's probate personal property is worth $50,000 or less, an heir can file a short petition in the county probate court and get 'limited letters' to collect only the listed property.
Up to $50,000, 45 days after the death, filed with a court.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Tennessee limit for the date of death.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Tennessee, by procedure.
Car, bank, house in Tennessee
Car or other vehicle
If the person left no will and no surviving spouse, the heirs can transfer a vehicle with the Department of Revenue's Affidavit of Inheritance (RV-F1310501), filed with the county clerk.
Bank accounts
Accounts held jointly with right of survivorship or payable to a named beneficiary go to the survivor or beneficiary and are not part of the small estate.
Related pages
Small estate proceeding: Petition for Limited Letters of Administration (or Limited Letters Testamentary) of a Small Estate
An heir files a short sworn petition in the probate court. The clerk issues 'limited letters' that let that person collect only the personal property listed in the petition, pay the debts and distribute the rest. It cannot be used for real estate.
- Limit
Up to $50,000
The person's probate personal property can be worth no more than $50,000 in total.
- What counts
The value of the person's probate personal property only. Real estate, property held as tenants by the entirety or jointly with right of survivorship, and property payable to a beneficiary other than the estate are left out.
- Waiting period
At least 45 days must pass after the death, as shown by the death certificate, with no petition for a regular personal representative filed in that time. The court may shorten the wait for good cause.
- Who can use it
One or more of the person's competent adult heirs. If there is a will, and the will divides the property differently from intestacy law and the family wants the will followed, the personal representative named in the will files instead and the will is either probated as a muniment of title or filed with the clerk with the witnesses' affidavits.
- Court or where to file
The court with probate jurisdiction (probate, chancery or circuit court, depending on the county) in the county where the person legally lived at death.
- Notary
The petition is sworn. Some county clerks ask you not to sign until you are in front of the clerk.
- Papers to attach
- Copy (county forms ask for a certified copy) of the death certificate
- Itemized list of the personal property covered, with the value of each item
- List of each creditor and the amount owed
- Written consents of all adult heirs and beneficiaries, if bond is to be waived and the petitioners are not the only heirs or beneficiaries
- The original will and the witnesses' affidavits, if there is a will
- TennCare release (Request for Release), which several county clerks require
- Steps
- Wait at least 45 days after the death (or ask the court to shorten it for good cause).
- Get the county's small estate petition from the probate clerk and list the personal property, its value and the debts.
- If bond is required, get written consents from all the adult heirs and beneficiaries, or arrange a bond with a corporate surety equal to the property's value. No bond is needed if the petitioners are the only heirs (or the only will beneficiaries).
- File the sworn petition and death certificate with the probate clerk and pay the clerk's fees.
- The clerk issues limited letters; give a certified copy to each bank or holder of the listed property.
- Pay the debts and distribute the rest under the will or intestacy law.
- Fee
Set by each county clerk under Tenn. Code Ann. 8-21-401; ask the clerk. Examples from county instructions: $100.50 (Davidson County, without a will) and $374.50 (Hawkins County), plus $5 to file a will.
- Debts and responsibility
Anyone who receives property from the small estate stays liable for one year after receiving it, up to its value, to unpaid creditors, to anyone with a prior right to it, or to a personal representative appointed later. If property is distributed before TennCare is repaid what it is owed for medical assistance, both the personal representative and the person who received the property are liable to TennCare up to the value received. No notice to creditors is published, and creditors cannot file claims in a small estate. The personal representative and any surety are automatically discharged on the first anniversary of the limited letters.
- What the bank or holder must do
A person who owes the person money or holds their property, or a transfer agent, must pay, transfer and deliver it to the personal representative when given a certified copy of the limited letters and a demand. Doing so releases them as if they had paid a regular personal representative, and they need not check how it is used. If they refuse, the property may be recovered or its delivery compelled in court, and the costs are charged against the person who wrongfully refused.
Law: Tenn. Code Ann. secs. 30-4-101 to 30-4-104, as rewritten by 2023 Tenn. Pub. Acts ch. 297
Source: Official page
Payment of a deceased employee's wages to the surviving spouse or children
An employer pays any wages or other pay owed to the person directly to the surviving spouse (or, if none, to the children), without a probate case.
- Waiting period
The law sets no waiting period for wages paid by an employer.
- Who can use it
The surviving spouse or a trust for the spouse; if there is no spouse, the surviving children as tenants in common or a trust for them. A minor's share is paid to the minor's guardian or custodian.
- Court or where to file
Paid by the employer.
- Steps
- Contact the employer and ask for the final wages to be paid to the surviving spouse (or children).
- Fee
No court filing.
- Debts and responsibility
Sums paid this way are charged against the spouse's or children's elective share, homestead allowance and year's support allowance.
- What the bank or holder must do
The law says the employer shall pay the wages directly to the spouse or children. Since April 11, 2025, there is no dollar cap on wages paid this way.
Law: Tenn. Code Ann. sec. 30-2-103(b)(1), (3), as amended by 2025 Tenn. Pub. Acts ch. 194
Source: Official page
Payment of up to $10,000 to the surviving spouse or children after six months
If six months pass with no one applying to be personal representative, a bank or other holder (not an employer) may pay up to $10,000 of the person's funds straight to the surviving spouse or children.
- Limit
Up to $10,000
Up to $10,000. Anything above $10,000 must be paid to a personal representative or as the court orders.
- What counts
Funds that a person other than an employer owes or holds for the person.
- Waiting period
Six months must pass after the death without an application to appoint a personal representative.
- Who can use it
The surviving spouse or a trust for the spouse; if there is no spouse, the surviving children as tenants in common or a trust for them.
- Court or where to file
Paid by the bank or holder.
- Steps
- Wait six months after the death.
- Ask the bank or holder whether it will pay under Tenn. Code Ann. 30-2-103(b)(2).
- Fee
No court filing.
- Debts and responsibility
Sums paid this way are charged against the elective share, homestead allowance and year's support allowance.
- What the bank or holder must do
The holder is authorized, not required, to pay.
Law: Tenn. Code Ann. sec. 30-2-103(b)(2), as amended by 2025 Tenn. Pub. Acts ch. 194
Source: Official page
What counts toward the limit in Tennessee
Add up the value of the person's probate personal property. Leave out real estate, property held jointly with right of survivorship or as tenants by the entirety, and property payable to a named beneficiary. The law does not say whether debts are subtracted.
Law: Tenn. Code Ann. 30-4-102 (2023 Pub. Ch. 297)
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no survivor or payable-on-death beneficiary, count. Law: Tenn. Code Ann. 30-4-102(8) |
Joint or payable-on-death (POD) bank accounts | Left out | Accounts held jointly with right of survivorship, or payable to a named beneficiary, are left out. Law: Tenn. Code Ann. 30-4-102(8) |
Cars and other vehicles | Counts | A vehicle is personal property and counts. Heirs can also transfer a title through the county clerk with the Department of Revenue's Affidavit of Inheritance. Law: Tenn. Code Ann. 30-4-102(8) |
Boats and mobile or manufactured homes | Counts | Boats and other personal property count. Law: Tenn. Code Ann. 30-4-102(8) |
Real estate in Tennessee | Left out | Real estate is not counted and cannot be handled by the small estate procedure; the limited letters give no authority over real estate. Some county clerks' instructions say the procedure is only for people who owned no real property. Law: Tenn. Code Ann. 30-4-102(8), 30-4-103(9) |
Main home (primary residence) | Left out | The home (real estate) is not counted and cannot be transferred through the small estate procedure. Law: Tenn. Code Ann. 30-4-102(8) |
Real estate in another state | Left out | Real estate is not counted. Law: Tenn. Code Ann. 30-4-102(8) |
Unpaid wages owed to the person | Has its own procedure | Wages owed by an employer are paid directly to the surviving spouse or children under a separate rule. Law: Tenn. Code Ann. 30-2-103(b)(1) |
Military pay owed to the person | Not clear | The small estate law does not mention military pay. Law: Tenn. Code Ann. 30-4-102 |
Life insurance or retirement money paid to a named person | Left out | Property payable to a named beneficiary other than the estate is left out. Law: Tenn. Code Ann. 30-4-102(8) |
Life insurance or retirement money paid to the estate | Counts | Life insurance or other benefits payable to the estate count. Law: Tenn. Code Ann. 30-4-102(8) |
Property in a living trust | Not clear | The small estate law does not mention property held in a living trust. Law: Tenn. Code Ann. 30-4-102 |
Property owned jointly with right of survivorship | Left out | Personal property held as tenants by the entirety or jointly with right of survivorship is left out. Law: Tenn. Code Ann. 30-4-102(8) |
Property going to a surviving spouse | Counts | Probate personal property counts even if it goes to the spouse under the will or intestacy law. Law: Tenn. Code Ann. 30-4-102(8) |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's name alone, with no beneficiary, count. Law: Tenn. Code Ann. 30-4-102(8), 30-4-104(a) |
Furniture, jewelry and other belongings | Counts | Belongings count at their value. Law: Tenn. Code Ann. 30-4-102(8) |
Source: Official page
Car or vehicle title after a death in Tennessee
If the person left no will and no surviving spouse, the heirs can transfer a vehicle with the Department of Revenue's Affidavit of Inheritance (RV-F1310501), filed with the county clerk. All heirs and next of kin sign it (or attach their own affidavit or a power of attorney) to give the vehicle to one person. It states under penalty of perjury that there is no estate needing administration, no letters have been issued, and lists any unpaid liens. A vehicle can also be collected under small estate limited letters.
Law: Tenn. Comp. R. & Regs. 1340-5-13-.02(2)(b); Tenn. Code Ann. 55-4-101 (as cited on form RV-F1310501)
- Agency
- Tennessee Department of Revenue, Vehicle Services (through the county clerk)
- Fee
County clerk title fees apply; ask the county clerk.
Source: Official page
Bank accounts after a death in Tennessee
Accounts held jointly with right of survivorship or payable to a named beneficiary go to the survivor or beneficiary and are not part of the small estate. For an account in the person's name alone, an heir can use small estate limited letters (estate of $50,000 or less). After six months with no personal representative, a bank may pay up to $10,000 directly to the surviving spouse or children, but it does not have to.
Law: Tenn. Code Ann. 30-4-102(8), 30-4-104, 30-2-103(b)(2)
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Tennessee
- Real estate (TOD deed)
No
Tennessee law does not provide for transfer on death deeds for real estate. Bills to adopt the Uniform Real Property Transfer on Death Act did not become law.
Law: Tenn. General Assembly bill history, SB0984 and SB2029 (114th GA)
Source: Official page
Surviving spouse in Tennessee
An employer pays any wages owed to the person directly to the surviving spouse (or, if none, the children), with no dollar cap since April 11, 2025. After six months with no personal representative, others holding the person's funds may pay up to $10,000 to the spouse or children. These payments are charged against the spouse's elective share, homestead allowance and year's support allowance.
Debts of the person in Tennessee
In a small estate, no notice to creditors is published and creditors cannot file claims, but the person who receives property is liable for one year, up to the value received, to unpaid creditors and to anyone with a prior right. If TennCare is owed money for medical assistance and is not repaid before distribution, the personal representative and the recipients are liable to TennCare up to the value received.
Medicaid estate recovery in Tennessee
TennCare must seek repayment from the estate for long-term care (CHOICES Groups 1, 2 or 3) received at age 55 or older, including the monthly premiums it paid to the health plan for that care. Family members are not personally responsible for the debt, but a small estate personal representative and the people who receive property are liable up to its value if TennCare is not repaid first. To find out whether money is owed, or to ask for a waiver or delay, send TennCare a Request for Release form (RFR Processing Unit, 310 Great Circle Road, 3rd Floor, Nashville, TN 37243; phone (866) 389-8444) or ask the local probate clerk. TennCare waives or delays recovery when there is a surviving spouse, a child under 21, or a blind or disabled child, and in certain undue hardship cases (a family farm or business that is the survivors' only income source, or a sibling or child caretaker living in the home).
Law: Tenn. Code Ann. 71-5-116; Tenn. Code Ann. 30-4-104(c)
- Agency
- TennCare (Tennessee Medicaid), Estate Recovery / Request for Release (RFR) Processing Unit
- Phone
- (866) 389-8444
- Official page
- Official page
Death certificates in Tennessee
Order certified copies from Tennessee Vital Records (Andrew Johnson Tower, 1st Floor, 710 James Robertson Parkway, Nashville, TN 37243) with application PH-1663. The mail application charges $15.00 per copy, payable to Tennessee Vital Records. Send a copy of a valid government photo ID unless the application is notarized. The cause of death is shown only for a parent, child, spouse, or an attorney or agency acting for the estate or a qualifying family member. Questions: (615) 741-1763.
Law: Tennessee Department of Health, form PH-1663 (Rev. 11/2019)
- Where to get it
- Tennessee Department of Health, Office of Vital Records
- Official page
- Official page
Where to file in Tennessee
The small estate petition is filed with the clerk of the court that handles probate in the county where the person legally lived (in some counties this is the probate court, in others the chancery or circuit court). Each county clerk has its own form and fees. A vehicle Affidavit of Inheritance goes to the county clerk.
Good to know in Tennessee
- Tennessee's small estate procedure is a short court case: limited letters issued by the clerk, not a private affidavit.
- Small estate limited letters cannot transfer real estate.
- Since April 11, 2025, employers pay all wages owed to a deceased employee directly to the surviving spouse or children, with no cap.
Changes in 2024–2026
2025 Tenn. Pub. Acts ch. 194 (effective April 11, 2025) removed the cap on wages an employer pays directly to the surviving spouse or children and set a $10,000 limit, after six months, for payments by others. Earlier: 2022 Pub. Ch. 665 (effective July 1, 2022) and 2023 Pub. Ch. 297 (effective April 28, 2023) rewrote the small estate law into today's limited-letters procedure; the $50,000 limit did not change.
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Tennessee
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Help4TN (Tennessee free legal help and referrals)
- Davidson County Circuit Court Clerk: Small Estate Petition packet
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Tennessee
What is a small estate affidavit called in Tennessee?
In Tennessee this is called: Small estate (Small Estate Probate Act): limited letters of administration or limited letters testamentary of a small estate. If the person's probate personal property is worth $50,000 or less, an heir can file a short petition in the county probate court and get 'limited letters' to collect only the listed property.
What is the small estate limit in Tennessee?
Up to $50,000, 45 days after the death, filed with a court.
How long do I wait in Tennessee?
At least 45 days must pass after the death, as shown by the death certificate, with no petition for a regular personal representative filed in that time. The court may shorten the wait for good cause.
Do I have to go to court in Tennessee?
The court with probate jurisdiction (probate, chancery or circuit court, depending on the county) in the county where the person legally lived at death.
How do I transfer a car after a death in Tennessee?
If the person left no will and no surviving spouse, the heirs can transfer a vehicle with the Department of Revenue's Affidavit of Inheritance (RV-F1310501), filed with the county clerk.
What happens to a bank account after a death in Tennessee?
Accounts held jointly with right of survivorship or payable to a named beneficiary go to the survivor or beneficiary and are not part of the small estate. For an account in the person's name alone, an heir can use small estate limited letters (estate of $50,000 or less).
Do I owe the person's debts in Tennessee?
In a small estate, no notice to creditors is published and creditors cannot file claims, but the person who receives property is liable for one year, up to the value received, to unpaid creditors and to anyone with a prior right.
- 2023 Tenn. Pub. Acts ch. 297 (HB 337), The Small Estate Probate Act
- 2025 Tenn. Pub. Acts ch. 194 (HB 755), wages and $10,000 payments
- 2022 Tenn. Pub. Acts ch. 665 (HB 1362)
- Tennessee General Assembly bill information, HB0337 (113th GA)
- Davidson County Circuit Court Clerk small estate petition
- Hawkins County Chancery Court small estate instructions and petition
- TN Department of Revenue form RV-F1310501 Affidavit of Inheritance
- TennCare Estate Recovery
- TN Dept. of Health form PH-1663, Application for Certified Copy of Death Certificate
- Tennessee General Assembly, SB0984 (2025) bill history
- Tennessee General Assembly, SB2029/HB1793 (2026) bill history