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).

Checked against official sources: October 30, 2026.

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

Do bank accounts count toward the small estate limit?

Kind of propertyHow it is treatedDetails
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)

FDIC insurance after a death

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured. After six months, coverage is based on who actually owns the money.

Law: 12 CFR 330.3(j)

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

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.

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.

Letters to a bank

Use the free tools below to ask a bank for the balance on the date of death or to present a signed small estate affidavit.

Related pages

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.