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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).

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. Talk to a Tennessee attorney about your specific situation.

Before an estate can be distributed, its debts have to be addressed. Tennessee gives creditors a limited window to come forward — and strict deadlines that bar late claims.

The filing deadline after notice

After notice to creditors is published, a creditor must file its claim by the earlier of these two dates (T.C.A. §§ 30-2-306, 30-2-307):

  1. Four (4) months from the first publication or posting of the notice — if the creditor received an actual copy of the notice at least 60 days before that date; or
  2. Sixty (60) days after the creditor actually received the notice copy.

In short, whichever cutoff comes first controls.

The absolute 12-month bar

Separately — and regardless of whether any notice was given — all claims are absolutely barred 12 months from the date of death (T.C.A. § 30-2-310). The one exception is claims for taxes.

This 12-month bar is a hard backstop: even a creditor who never got notice generally loses the claim once a year has passed since the death.

Why the deadlines matter

These deadlines shape much of the probate timeline. They protect the estate and its beneficiaries from open-ended liability, but they also mean creditors — and the personal representative handling notice — must act promptly.

See the Tennessee probate process and the personal representative’s duties. To get matched with a local Tennessee probate attorney, connect with a lawyer.

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Frequently asked questions

How long does a creditor have to file a claim in Tennessee?
By the earlier of (1) four months from the first publication or posting of the notice to creditors, if the creditor received an actual copy at least 60 days before that date, or (2) 60 days after actually receiving the notice copy (T.C.A. §§ 30-2-306, 30-2-307).
Is there a final cutoff for creditor claims?
Yes. All claims are absolutely barred 12 months from the date of death, regardless of whether notice was given — except claims for taxes (T.C.A. § 30-2-310).
What happens if a creditor misses the deadline?
A claim filed after the applicable deadline is generally barred, meaning the estate is not required to pay it. The 12-month bar from date of death is absolute (except for taxes), so missing it ends the claim.

Sources

Related guides

  • 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.
  • 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.
  • 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).

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