Route context
Tennessee's small-estate procedure is governed by "The Small Estate Probate Act" (Tenn. Code Ann. tit. 30, ch. 4), which 2023 Pub. Ch. 297 substituted in place of the former affidavit route. For personal-property-only estates of fifty thousand dollars ($50,000) or less, a competent adult heir (or named executor) petitions the Chancery/Probate Court 45 days after death for limited letters of administration/testamentary of a small estate. Filing fees are county-clerk fees and vary; executor compensation is reasonable compensation set by the court.
Tennessee's small-estate procedure was REPLACED by 2023 Public Chapter 297, which deleted Title 30, Chapter 4 in full and substituted "The Small Estate Probate Act." The former clerk-certified affidavit route (2022 Pub. Ch. 665) is superseded. Under the current Act a "small estate" is a probate estate in which the value of the probate property (personal property only) does not exceed fifty thousand dollars ($50,000). After the expiration of forty-five (45) days from the decedent's death — provided no petition for appointment of a personal representative has been filed — one or more competent adult heirs (or, if testate, the named executor) file a PETITION with the court for the issuance of "limited letters of administration of a small estate" (or limited letters testamentary). The court, not the clerk by affidavit, issues the limited letters; the recipient is the personal representative, a bond equal to the estate value may be required, and limited letters expire about one year after issuance. Upon good cause shown the court may waive the 45-day wait. If assets discovered during administration exceed $50,000, the matter may be converted to full probate.