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Tennessee Probate Guide

Probate in Tennessee.

Tennessee probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.

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At a glance — Tennessee probate
Small estate threshold
$50,000
After 30 days
Creditor claim period
Later of 6 months from first publication or 2 months from mailed notice
TCA 30-2-403, 30-2-803
Administration types
2
independent, supervised
Minimum time to close
~9 months
Shortest realistic path

Types of probate administration in Tennessee

Tennessee recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.

INDEPENDENT

Less court supervision. Personal representative can act autonomously on property sales and distributions.

Qualifying requirements
  • Authorized by will
  • OR all heirs and devisees consent
Court approval required for
  • Opening the estate
  • Closing the estate
SUPERVISED

Full court oversight. Court approval required for major actions including property sales and distributions.

Qualifying requirements
  • Default if independent not authorized
Court approval required for
  • Opening the estate
  • Property sales
  • Distributions to beneficiaries
  • Annual accountings reviewed by court
  • Closing the estate

The Tennessee probate process, step by step

These are the filings ordered the way they actually happen in a typical Tennessee estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.

  1. 1

    File Will / Petition for Probate

    Deadline: 1 year from death

    File Petition to Probate Will with Probate Court

    3 supporting documents
    • Original will (if exists)
    • Death certificate
    • Petition with decedent info, estate value estimate, heirs/devisees names and addresses
    TCA 30-2-301
  2. 2

    Publish Notice of Appointment

    Deadline: immediately from letters issued

    Clerk publishes notice in newspaper once weekly for 4 consecutive weeks. Includes notice to creditors.

    2 supporting documents
    • Notice of appointment
    • Creditor notice for publication
    TCA 30-2-403
  3. 3

    File Inventory

    Deadline: 60 days from letters issued

    List all known assets with market values. Include real estate, personal property, financial accounts.

    2 supporting documents
    • Inventory Form
    • Asset valuations
    TCA 30-2-706
  4. 4

    Creditor Claims Period

    Deadline: 6 months from first publication

    Wait for creditor claims deadline. Personal representative investigates and allows/disallows claims.

    TCA 30-2-803
  5. 5

    File Final Accounting

    Deadline: After creditor period expires from creditor deadline

    File final accounting showing all estate transactions before closing.

    3 supporting documents
    • Final Account/Report
    • Receipts for debts paid
    • Tax returns filed
    TCA 30-2-1003
  6. 6

    File Proposed Schedule of Distribution

    Deadline: After accounting approved / debts settled from accounting approved

    Distribute remaining assets to beneficiaries per will or Tennessee intestacy law.

    2 supporting documents
    • Proposed Schedule of Distribution
    • Beneficiary receipts
    TCA 30-2-1003
  7. 7

    Close Estate

    Deadline: After all distributions complete from distribution complete

    File final report. Court issues Order of Distribution and discharges executor.

    3 supporting documents
    • Final report/accounting
    • Order of Distribution
    • Order Discharging Personal Representative
    TCA 30-2-1003

Creditor notice and claim period

After the personal representative is appointed, a notice to creditors must be published weekly for 4 weeks. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.

Claim period
Later of 6 months from first publication or 2 months from mailed notice.

Direct mailing is also required to Each heir, Each devisee, Known creditors (optional but recommended).

Absolute bar
No claims can be filed after 1 year from death regardless of notice
TCA 30-2-403, 30-2-803

Small estate alternative in Tennessee

If the gross estate is small enough, Tennessee allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.

Threshold
$50,000
Gross estate value
Wait period
30 days
After date of death
Publication
Required
Above $25,000
Requirements
  • Estate value (after debts) does not exceed $50,000
  • 30+ days since death
  • No application for letters pending or granted
  • Affiant is person designated in will as personal representative OR any distributee
TCA 30-4-101

Where probate is filed in Tennessee

Probate is filed in the county where the decedent lived at the time of death. A sample of active Tennessee courts:

Shelby County Probate Court
Shelby County County
160 N Main St, Memphis, TN 38103
(901) 545-3800e-filing available
Davidson County Probate Court
Davidson County County
1 Public Square, Nashville, TN 37201
(615) 862-6080e-filing available
Knox County Probate Court
Knox County County
Suite 180, Knoxville, TN 37902
(865) 215-2340
Hamilton County Probate Court
Hamilton County County
600 Market St, Chattanooga, TN 37402
(423) 209-6500

Frequently asked questions

+How long does probate take in Tennessee?

Most Tennessee estates close in 9–15 months. The floor is set by the creditor claim period (later of 6 months from first publication or 2 months from mailed notice.) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.

+Does Tennessee have a small estate option?

Yes. If the gross estate is $50,000 or less and at least 30 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: TCA 30-4-101.

+What types of probate administration does Tennessee recognize?

Tennessee recognizes independent or supervised administration. independent — Less court supervision. Personal representative can act autonomously on property sales and distributions. supervised — Full court oversight. Court approval required for major actions including property sales and distributions.

+How does Tennessee's creditor notice period work?

After the personal representative is appointed, a notice to creditors must be published weekly in a qualifying newspaper for 4 weeks. Creditors then have later of 6 months from first publication or 2 months from mailed notice. Claims filed after the deadline are barred. Citation: TCA 30-2-403, 30-2-803.

+Do I have to hire a Tennessee attorney to probate an estate?

Tennessee law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.

+How much does probate cost in Tennessee?

Court filing fees in Tennessee typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.

We’re not live in Tennessee — yet.

Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a Tennessee-licensed attorney is available.

We’ll only email you about Tennessee probateavailability — no marketing spam, and you can reply “stop” any time.

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