Probate in Tennessee
Tennessee probate is handled by the Chancery Court or Probate Court in the county where the deceased resided. The process follows two main tracks: common form probate (simpler, used when no contest is anticipated) and solemn form probate (requires notice to all heirs and creditors). Common form probate is faster for straightforward estates.
Tennessee probate typically takes 12 months minimum, as the state requires a creditor claim period of that length. Executors are entitled to reasonable compensation.
Simplified estate procedures
Tennessee allows a "small estate affidavit" procedure for estates with personal property of $50,000 or less. The affidavit can be presented to financial institutions to collect assets without court involvement, available 45 days after death.
Real property requires probate or must be held in a trust to avoid court proceedings. Tennessee does not authorize transfer on death deeds for real estate.
Death certificates
Tennessee death certificates are issued by the Tennessee Department of Health (TDOH) Vital Records office and by county registrars. The cost is $15 per certified copy from the state office; county registrar prices are similar. Order online through TDOH or VitalChek.
Request at least 10–12 certified copies when the funeral home files the initial certificate. Tennessee's 12-month creditor claim period means estate administration runs longer than in many states — having adequate copies on hand prevents delays during this process.
Estate and inheritance tax
- State estate tax: Tennessee repealed its state estate tax effective January 1, 2016. There is no state estate tax or inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- 12-month creditor period: Tennessee requires a full 12 months from the date of first publication of notice to creditors before the estate can be finally closed — one of the longer periods in the country. Plan accordingly.
- Common form vs. solemn form: Common form probate in Tennessee does not require notice to heirs and can be completed more quickly — but it can be challenged for up to 2 years after probate. Solemn form requires notice and limits the challenge period.
- No transfer on death deed: Tennessee does not recognize transfer on death deeds for real property. A living trust is the primary tool for avoiding probate on real estate.
- Surviving spouse rights: Tennessee provides a surviving spouse with a year's support allowance from the estate, homestead rights, and an elective share of the estate.
Key contacts
- Tennessee Department of Health vital records: tn.gov/health/health-program-areas/vital-records
- Tennessee Courts probate information: tncourts.gov
- Tennessee Bar Association lawyer referral: tba.org