Tennessee probate code · checked October 2026
For money and belongings, Tennessee's affidavit limit is $50,000 — applied to the estate after the assets that pass automatically are taken out. Tennessee's small-estate track is closed entirely if the person died owning real property — the limited letters confer no authority over realty. The affidavit, where one exists, cannot be used until 45 days have passed since the death.
The affidavit limit today: $50,000, judged by the law in force on the date of death.
The paper: Small Estate Affidavit under Tenn. Code § 30-4-103 (county probate clerk form; no statewide form number confirmed).
How it moves: filed with the court — a court paper, not an envelope.
The wait: 45 days after the death before the affidavit can be used.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $50,000 | Filed with the court. Form: Small Estate Affidavit under Tenn. Code § 30-4-103 (county probate clerk form; no statewide form number confirmed). |
Vehicles are personal property; the court's limited letters issued on the small-estate affidavit authorize the affiant to collect and retitle them.
No paid-in-full precondition: the affidavit must list the decedent's unpaid debts and creditors, and the affiant administers the property subject to those debts (bond may be required).
Rules checked October 2026 · Sources: Tenn. Code §§ 30-4-102(5), 30-4-103 (Small Estates Act, §§ 30-4-101 to 30-4-105). This page reads the published law; it is not legal advice, and the court is the final word.