Probate in Tennessee
Probate is the court process of settling a deceased person's estate — proving any will, paying debts, and distributing what's left. In Tennessee, probate is generally handled in the county's chancery court, with a simplified affidavit available for smaller estates. This hub explains the process, deadlines, and how to find local help.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Tennessee probate turns on your specific facts — talk to a Tennessee attorney about your situation.
When someone dies in Tennessee, their estate usually passes through probate — the process of proving a will (if there is one), appointing someone to manage the estate, paying valid debts, and distributing the rest to the heirs or beneficiaries.
Which court handles probate
Probate is generally handled in the county’s chancery court, which has exclusive jurisdiction over the probate of wills and the administration of estates — unless a county has a separate probate court created by local act. A few counties do, including Davidson (Nashville) and Shelby (Memphis) (T.C.A. § 16-16-201).
Full administration vs. the small-estate affidavit
Most estates go through a full administration: the court issues letters testamentary (to an executor named in a will) or letters of administration (when there’s no will), and the personal representative gathers assets, notifies creditors, pays debts, and distributes the estate.
For smaller estates, Tennessee’s Small Estate Probate Act offers a streamlined affidavit procedure when the estate doesn’t exceed $50,000 — no full administration required.
Creditor-claim deadlines
After notice to creditors, a creditor must file a claim by a deadline measured from notice — but all claims are absolutely barred 12 months from the date of death, regardless of notice. These deadlines drive much of the probate timeline.
The guides
Pick your topic below. To get matched with a local Tennessee probate attorney, connect with a lawyer.
- The Tennessee Probate Process
- Small Estate Affidavit
- Creditor Claims & Deadlines
- Personal Representative Duties
- Surviving Spouse Rights
Planning ahead can keep assets out of probate entirely — see Tennessee estate planning and its guide on avoiding probate.
Guides
- Tennessee Creditor Claims: The 4-Month & 12-Month Bars
After notice to creditors, a Tennessee creditor must file its claim by the earlier of four months from first publication (if it got an actual copy at least 60 days before) or 60 days after actually receiving the notice copy (T.C.A. §§ 30-2-306, 30-2-307). Separately, all claims are absolutely barred 12 months from the date of death regardless of notice — except claims for taxes (T.C.A. § 30-2-310).
- Tennessee Personal Representative Duties
A Tennessee personal representative (executor or administrator) is a fiduciary who collects and inventories assets, notifies creditors and pays valid debts, files tax returns, and distributes the remaining estate. A will can also be admitted as a 'muniment of title' to establish title without a full administration in appropriate cases (T.C.A. § 32-2-111). Because the representative acts for others, working with a licensed Tennessee attorney is generally expected — confirm with the local clerk.
- The Tennessee Probate Process: Chancery Court & Letters
Tennessee probate is generally handled in the county's chancery court, which has exclusive jurisdiction over wills and estates — unless a county has a separate probate court by local act (a few do, including Davidson and Shelby). The court issues letters testamentary (with a will) or letters of administration (no will), and the personal representative gathers assets, notifies creditors, pays debts, and distributes the estate (T.C.A. § 16-16-201).
- Tennessee Small Estate Affidavit: The $50,000 Shortcut
Tennessee's Small Estate Probate Act (T.C.A. § 30-4-101 et seq.) lets smaller estates skip a full administration through a simplified affidavit procedure. It is available when the value of the estate does not exceed $50,000 (T.C.A. § 30-4-102), and the affidavit process itself is set out in § 30-4-103. The $50,000 figure should be confirmed as current before relying on it.
- Tennessee Surviving Spouse Rights & the Elective Share
Tennessee protects a surviving spouse with exempt property up to $50,000 (T.C.A. § 30-2-101), a year's support allowance (T.C.A. § 30-2-102), a homestead right (T.C.A. § 30-2-201), and an elective share — a percentage of the net estate the spouse can claim instead of what a will leaves, on a sliding scale by length of marriage: 10% (under 3 years), 20% (3 to under 6), 30% (6 to under 9), and 40% (9 years or more) (T.C.A. § 31-4-101). The dollar figures and percentages should be confirmed as current.
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