Tennessee route screening

Tennessee small-estate limit: $50,000

Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised .

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 Ch. 665) is superseded.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.

Where the limit comes from

Is this the limit that applies?

Since 2023 Pub. Ch. 297, a Tennessee small estate is settled by a court petition for limited letters of administration or testamentary, not by the former affidavit. The $50,000 limit and the 45-day wait did not change, and the court can now waive the wait for good cause. The quotes come from the enacted public chapter, because the codified chapter is published only by LexisNexis.

Controlling citation: Tenn. Pub. Ch. 297 (2023) (HB 337; Tenn. Code Ann. tit. 30, ch. 4), Public Chapter 297 (2023) — The Small Estate Probate Act (deletes and substitutes Tenn. Code Ann. tit. 30, ch. 4) (Tennessee Secretary of State; PUBLIC CHAPTER NO. 297).

The section’s own words
Tennessee Code Annotated, Title 30, Chapter 4, is amended by deleting the chapter and substituting: 30-4-101. This chapter is known and may be cited as "The Small Estate Probate Act."

How the Tennessee screen is measured

ProcedureSmall estate probate — petition for limited letters of administration/testamentary (Tenn. Code Ann. tit. 30, ch. 4, "The Small Estate Probate Act," enacted by 2023 Pub. Ch. 297)
What countsPersonal property only; real property is outside this route
Value basisGross value; liens are not subtracted
Waiting period45 days after death, or sooner if the court waives the wait for good cause (Tenn. Code Ann. § 30-4-103(8))

The Tennessee caveats that can change this answer are listed once, on the Tennessee overview.

The official Tennessee path

What a small-estate screen can and cannot decide, and which assets never enter it, is explained once in small-estate affidavit or probate and what counts as a probate asset.

Tennessee’s $50,000 route is a court petition, and creditors are kept out of it

Public Chapter 297 of 2023 deleted Title 30, Chapter 4 of the Tennessee Code and substituted “The Small Estate Probate Act.” The route is no longer an affidavit handed to a bank. One or more of the decedent’s competent adult heirs petition the court for limited letters (or, where the will would distribute the estate differently from intestacy, the person the will names as personal representative petitions for limited letters testamentary) once forty-five days have passed since the death, “as evidenced by a copy of the decedent’s death certificate,” and only if no petition to appoint a personal representative has been filed. On good cause the court may waive the forty-five-day wait.

The ceiling is the one Public Chapter 829 of 2014 wrote into § 30-4-102(5), replacing “twenty-five thousand dollars ($25,000)” with “fifty thousand dollars ($50,000).” The statutory form of the limited letters repeats the condition in its own words: “The total value of decedent’s property shall not exceed $50,000.00. There is no real property at issue in this matter,” and the letters give no authority over the decedent’s real estate.

Two features set the Tennessee route apart from a full probate. “A notice to creditors must not be published, and a creditor is not permitted to file a claim in a small estate probate.” In exchange, anyone who receives the decedent’s property from the personal representative stays liable for up to one year from the transfer, to the value received, to unpaid creditors, to anyone with a prior right, and to a representative appointed later; if property is distributed before medical assistance owed to TennCare is paid, the representative and the recipient both remain liable to TennCare for it.

The letters must remain open until the first anniversary of their issue, when the court discharges the representative and the surety automatically; the act allows an earlier discharge order only on the estate-tax filings it lists for deaths before January 1, 2016. If assets turn up that take the estate over the limit, the representative or a creditor may petition to convert the matter into a full probate administration.

Source: Tenn. Pub. Ch. 297 (2023) (Tenn. Code Ann. tit. 30, ch. 4); Tenn. Pub. Ch. 829 (2014), read from the enacting state’s own official publication on 2026-10-03. Quoted wording is the statute’s; the surrounding explanation is this site’s reading of it and is not legal advice.

Controlling source

Sources rechecked October 3, 2026: Tennessee source list · how sources are checked · report a correction