Question 1

What makes a will valid in Tennessee?

Accepted Answer

Any person of sound mind who is 18 or older may make a will. Except for holographic and nuncupative wills, the testator must tell the witnesses that the document is the testator's will and sign it (or acknowledge an earlier signature, or have someone else sign at the testator's direction and in the testator's presence) in the presence of at least two attesting witnesses. The witnesses must sign in the presence of the testator and of each other.

Question 2

Is a handwritten will valid in Tennessee?

Accepted Answer

Yes. A handwritten will needs no witnesses, but the signature and all material provisions must be in the testator's handwriting, and the handwriting must be proved by two witnesses when the will is probated. Tennessee also recognizes a limited oral (nuncupative) will made by a person in imminent peril of death who dies of that peril; it must be declared before two disinterested witnesses, put in writing within 30 days, and submitted for probate within six months.

Question 3

Does a will need to be notarized in Tennessee?

Accepted Answer

Yes. The attesting witnesses may sign an affidavit before any officer authorized to administer oaths, at the testator's request or after death at the request of the executor or an interested person, stating the facts they would testify to in court. The affidavit is written on or attached to the will, and if the will is not contested the court accepts it as if the witnesses had testified in court.

Question 4

Who inherits if someone dies without a will in Tennessee?

Accepted Answer

Surviving spouse: the entire estate if the decedent left no descendants; if there are descendants, the greater of one-third or a child's share of the estate. The rest (or everything, if there is no spouse) passes to the decedent's descendants (by representation if of unequal degree); if none, to the parents equally; if none, to brothers and sisters and the descendants of deceased siblings; if none, half to the paternal grandparents or their descendants and half to the maternal side (all to one side if the other has no survivors).

Question 5

What is a surviving spouse entitled to in Tennessee?

Accepted Answer

A surviving spouse may elect against the will (or against an intestate share) and take a percentage of the decedent's net estate based on the length of the marriage: 10% if married less than 3 years, 20% for 3 to less than 6 years, 30% for 6 to less than 9 years, and 40% for 9 years or more (years of marriage to the same person are combined, even if separated by divorce). The election is made by filing a petition in the court, and mailing or delivering it to the personal representative, within nine months after the date of death. Separately, a surviving spouse is entitled to exempt household property and vehicles worth up to $50,000. Tennessee is not a community property state.

Question 6

What is the small estate limit in Tennessee?

Accepted Answer

Tennessee no longer uses a small estate affidavit; it uses a 'Small Estate Probate' procedure with limited letters. A small estate is one whose probate property does not exceed $50,000. Only personal property counts: real estate, property held jointly with right of survivorship or as tenants by the entirety, and property payable to a named beneficiary are not included. After 45 days from the death (the court may waive the wait for good cause), and if no regular administration has been opened, one or more competent adult heirs (or, if a will directs a different distribution, the person named as personal representative) file a sworn petition listing each item of property and its value and each creditor and the amount owed. A bond with a corporate surety equal to the property's value is required unless the petitioners are the sole heirs or beneficiaries or all adult heirs and beneficiaries consent in writing. No notice to creditors is published, and creditors may not file claims in the small estate proceeding. The limited letters stay open until their first anniversary, when the personal representative and surety are discharged.

Question 7

Is there a simplified probate process in Tennessee?

Accepted Answer

Besides the $50,000 small estate procedure, any duly proven will may be admitted to probate only as a 'muniment of title' to real estate and personal property, without issuing letters testamentary or otherwise administering the estate. Personal representatives may also be excused from bond and from filing an inventory in some cases (for example, when the will waives them or all residuary beneficiaries agree).

Question 8

How does probate work in Tennessee?

Accepted Answer

1) File a verified petition for letters testamentary or letters of administration with the court exercising probate jurisdiction, with the will (if any), the heirs or beneficiaries, an estimate of the estate's value and information on the proposed personal representative. 2) Post bond unless excused, and receive letters. 3) Within 30 days after letters issue, the clerk publishes a notice to creditors in a county newspaper (two consecutive weekly notices). 4) Within 60 days the personal representative files an inventory (unless waived) and sends copies of the will or letters to beneficiaries or heirs. 5) Pay valid claims, expenses and taxes. 6) Distribute the remaining estate and make final settlement with the court.

Question 9

How long do creditors have to file claims against an estate in Tennessee?

Accepted Answer

Creditors must file claims with the probate court clerk within four months after the first publication (or posting) of the notice to creditors; a creditor who receives an actual copy of the notice less than 60 days before that four-month date has 60 days from receiving it. In all cases, claims not filed (or sued on) within 12 months after the date of death are forever barred.

Question 10

Who can be an executor in Tennessee?

Accepted Answer

A resident or nonresident individual may serve as personal representative of a decedent's estate. A nonresident fiduciary must first appoint the Tennessee Secretary of State in writing as agent for service of process (with a $10 filing fee). Bond is not required if the will waives it, if the personal representative is the sole beneficiary and the court approves, or if all beneficiaries are adults who consent in a sworn filing and the court approves; otherwise the bond must be at least the value of the estate being administered (and not more than double), with two or more sureties or one corporate surety.

Question 11

Does Tennessee allow transfer-on-death deeds?

Accepted Answer

No. Tennessee has no statute authorizing a transfer on death (beneficiary) deed for real estate. A 2026 bill to create one (HB1793/SB2029) was not enacted. Real estate can pass outside probate through other arrangements, such as a survivorship deed or a trust.

Question 12

What does a quitclaim deed need to be valid in Tennessee?

Accepted Answer

To be recorded with the county register of deeds, a deed must bear the grantor's original signature (an electronic signature counts) and be either acknowledged before an officer authorized to take acknowledgments (in person or by approved online audio-video notarization) or proved by at least two subscribing witnesses. An unrecorded or unacknowledged deed is not effective against third parties. The state realty transfer tax is 37 cents per $100 of the greater of the consideration or the property's value (for a quitclaim deed, only the actual consideration), paid by the grantee, who must state the consideration or value under oath on the deed; transfers such as to one's own revocable living trust or by an executor implementing a will are exempt.

Question 13

What are the requirements for a power of attorney in Tennessee?

Accepted Answer

Tennessee follows the Uniform Durable Power of Attorney Act. A power of attorney is durable only if the writing says so, for example 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' or 'shall become effective upon the disability or incapacity of the principal,' or similar words. There is no mandatory statutory form, but a power of attorney may incorporate by reference a list of general powers set out in the statute. The agent is a fiduciary who must account for actions taken, and next of kin may ask a court to require the agent to post bond if the principal becomes incapacitated.

Question 14

What are the requirements for a health care directive in Tennessee?

Accepted Answer

An adult or emancipated minor may sign an advance directive for health care (which can include a living will and the appointment of a health care agent). It must be in writing, signed by the principal, and either notarized or signed by two competent adult witnesses. A witness may not be the agent, and at least one witness must not be related to the principal by blood, marriage or adoption and must not be entitled to any part of the principal's estate. The directive must contain an attestation clause confirming the witnesses qualify. Unless the directive says otherwise, the agent's authority starts only when the designated physician determines the principal lacks capacity.

Question 15

Does Tennessee have an estate or inheritance tax?

Accepted Answer

No state estate or inheritance tax. Tennessee's inheritance tax is no longer imposed for people who died after December 31, 2015, and no inheritance tax return is filed for deaths in 2016 or later.

Question 16

How do I make a living will in Tennessee?

Accepted Answer

Tennessee combines the living will and health care agent appointment in an 'advance directive for health care.' An adult or emancipated minor may sign one. It must be in writing, signed by the principal, and either notarized or signed by two competent adult witnesses. A witness may not be the agent, and at least one witness must not be related to the principal by blood, marriage or adoption and must not be entitled to any part of the principal's estate. The directive must contain an attestation clause confirming the witnesses qualify. Living wills made under older Tennessee laws remain valid.

Question 17

How do I make a medical power of attorney in Tennessee?

Accepted Answer

The health care agent is appointed in the advance directive for health care (older 'durable power of attorney for health care' documents remain valid). The same signing rules apply: in writing, signed by the principal, and either notarized or witnessed by two competent adults, the agent may not be a witness, and at least one witness must be unrelated and not entitled to any part of the estate. Unless the directive says otherwise, the agent's authority starts only when the designated physician determines the principal lacks capacity.

Question 18

How do living trusts work in Tennessee?

Accepted Answer

Tennessee has adopted the Tennessee Uniform Trust Code (Tenn. Code Ann. Title 35, Chapter 15). A trust is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or noncharitable-purpose trust), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. For trusts created by instruments signed on or after July 1, 2004, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Property transferred to the trustee passes under the trust terms at death without probate; property left in the decedent's own name may still require probate or the small estate procedure.

Question 19

What does an executor have to do in Tennessee?

Accepted Answer

Main duties and deadlines for a Tennessee personal representative: post bond unless excused and receive letters; within 30 days after letters issue, the court clerk publishes, in the personal representative's name, a notice to creditors (two consecutive weekly notices in a county newspaper), and claims are barred unless filed within the period stated in the notice (and in any event within 12 months of death); within 60 days after taking on the administration, file a complete, verified inventory of the probate estate with the clerk (not required for a solvent estate if the will or all residuary beneficiaries excuse it, unless one demands it); within 15 months after qualifying, file an accounting with the clerk (or, if accountings are waived, a status report, and yearly thereafter while the estate remains open); pay valid claims, expenses and taxes; then distribute the estate and make final settlement.

Question 20

How do I get letters testamentary in Tennessee?

Accepted Answer

Letters testamentary (with a will) or letters of administration (without one) are issued by the court exercising probate jurisdiction in the county where the decedent lived (commonly the chancery or probate court). The applicant files a verified petition identifying the petitioner and the decedent, the date and place of death and residence, the heirs at law (if intestate) or the will and its attesting witnesses, an estimate of the estate's value, and information on the proposed personal representative. Bond is required unless the will waives it, or the court approves a waiver when the representative is the sole beneficiary or all adult beneficiaries consent. A nonresident may serve after appointing the Tennessee Secretary of State as agent for service of process. For estates of $50,000 or less, limited letters may issue in a small estate proceeding.

Question 21

Does Tennessee have an affidavit of heirship?

Accepted Answer

No statute for real estate was confirmed. In Tennessee, heirs are identified in the verified petition for letters filed with the probate court, and a will may be probated as a 'muniment of title' to pass real estate without full administration. For vehicles only, the Department of Revenue uses an Affidavit of Inheritance signed by all heirs.

Question 22

How can you avoid probate in Tennessee?

Accepted Answer

Non-probate transfers available in Tennessee: (1) No transfer-on-death deed for real estate (a 2026 bill was not enacted); real estate can pass outside probate by a survivorship deed or tenancy by the entirety, or through a trust. (2) Bank deposits held 'in trust for' a named beneficiary pass to the beneficiary at the owner's death (Tenn. Code Ann. § 45-2-704). (3) Transfer-on-death registration of securities (Uniform Transfer on Death Security Registration Act, Tenn. Code Ann. § 35-12-101 et seq.). (4) Small estate procedure with limited letters for probate personal property of $50,000 or less (Tenn. Code Ann. §§ 30-4-101 to 30-4-105). (5) A surviving spouse can retitle a vehicle at no cost within the first year (Department of Revenue). (6) Revocable living trust (Tennessee Uniform Trust Code).

Question 23

How do I transfer a car title after someone dies in Tennessee?

Accepted Answer

Applications are filed with the local county clerk. Surviving spouse: may apply for a new title in his or her name at no cost within the first year after the death (regular cost after one year), with the existing title and a copy of the death certificate; an affidavit of inheritance may also be required. Executor or administrator: the person appointed signs the existing title, and the application includes the probated will or certified letters testamentary (or letters of administration). No will: an Affidavit of Inheritance (form RV-F1310501) signed by all heirs, with a copy of the death certificate; when the affidavit is used, the seller's signature space on the back of the title is left blank.

Requirements for a valid will	Any person of sound mind who is 18 or older may make a will. Except for holographic and nuncupative wills, the testator must tell the witnesses that the document is the testator's will and sign it (or acknowledge an earlier signature, or have someone else sign at the testator's direction and in the testator's presence) in the presence of at least two attesting witnesses. The witnesses must sign in the presence of the testator and of each other. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Tenn. Code Ann. § 32-1-102; § 32-1-104
Handwritten (holographic) wills	Yes. A handwritten will needs no witnesses, but the signature and all material provisions must be in the testator's handwriting, and the handwriting must be proved by two witnesses when the will is probated. Tennessee also recognizes a limited oral (nuncupative) will made by a person in imminent peril of death who dies of that peril; it must be declared before two disinterested witnesses, put in writing within 30 days, and submitted for probate within six months. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Tenn. Code Ann. § 32-1-105; § 32-1-106
Self-proving affidavit	Yes. The attesting witnesses may sign an affidavit before any officer authorized to administer oaths, at the testator's request or after death at the request of the executor or an interested person, stating the facts they would testify to in court. The affidavit is written on or attached to the will, and if the will is not contested the court accepts it as if the witnesses had testified in court. Official code not freely readable online; text verified on a public code mirror (code year 2024). For wills signed before July 1, 2016, witness signatures on such an affidavit can in some cases count as signatures on the will itself (§ 32-1-104(b)). Source: Tenn. Code Ann. § 32-2-110

Probate steps	1) File a verified petition for letters testamentary or letters of administration with the court exercising probate jurisdiction, with the will (if any), the heirs or beneficiaries, an estimate of the estate's value and information on the proposed personal representative. 2) Post bond unless excused, and receive letters. 3) Within 30 days after letters issue, the clerk publishes a notice to creditors in a county newspaper (two consecutive weekly notices). 4) Within 60 days the personal representative files an inventory (unless waived) and sends copies of the will or letters to beneficiaries or heirs. 5) Pay valid claims, expenses and taxes. 6) Distribute the remaining estate and make final settlement with the court. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Tenn. Code Ann. § 30-1-117; § 30-1-201; § 30-2-306; § 30-2-301; § 30-2-701
Simplified probate	Besides the $50,000 small estate procedure, any duly proven will may be admitted to probate only as a 'muniment of title' to real estate and personal property, without issuing letters testamentary or otherwise administering the estate. Personal representatives may also be excused from bond and from filing an inventory in some cases (for example, when the will waives them or all residuary beneficiaries agree). Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Tenn. Code Ann. § 32-2-111; § 30-4-102; § 30-1-201; § 30-2-301
Small estate affidavit	Tennessee no longer uses a small estate affidavit; it uses a 'Small Estate Probate' procedure with limited letters. A small estate is one whose probate property does not exceed $50,000. Only personal property counts: real estate, property held jointly with right of survivorship or as tenants by the entirety, and property payable to a named beneficiary are not included. After 45 days from the death (the court may waive the wait for good cause), and if no regular administration has been opened, one or more competent adult heirs (or, if a will directs a different distribution, the person named as personal representative) file a sworn petition listing each item of property and its value and each creditor and the amount owed. A bond with a corporate surety equal to the property's value is required unless the petitioners are the sole heirs or beneficiaries or all adult heirs and beneficiaries consent in writing. No notice to creditors is published, and creditors may not file claims in the small estate proceeding. The limited letters stay open until their first anniversary, when the personal representative and surety are discharged. Official code not freely readable online; text verified on a public code mirror (code year 2024). This procedure replaced the former small estate affidavit under 2023 Tenn. Pub. Acts ch. 297. Source: Tenn. Code Ann. §§ 30-4-101 to 30-4-105 (esp. § 30-4-102, § 30-4-103)
Deadline for creditor claims	Creditors must file claims with the probate court clerk within four months after the first publication (or posting) of the notice to creditors; a creditor who receives an actual copy of the notice less than 60 days before that four-month date has 60 days from receiving it. In all cases, claims not filed (or sued on) within 12 months after the date of death are forever barred. Official code not freely readable online; text verified on a public code mirror (code year 2024). Separate rules apply to claims for state taxes and to TennCare claims. Source: Tenn. Code Ann. § 30-2-306; § 30-2-307; § 30-2-310
Who can be executor	A resident or nonresident individual may serve as personal representative of a decedent's estate. A nonresident fiduciary must first appoint the Tennessee Secretary of State in writing as agent for service of process (with a $10 filing fee). Bond is not required if the will waives it, if the personal representative is the sole beneficiary and the court approves, or if all beneficiaries are adults who consent in a sworn filing and the court approves; otherwise the bond must be at least the value of the estate being administered (and not more than double), with two or more sureties or one corporate surety. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Tenn. Code Ann. § 30-1-116; § 35-50-107; § 30-1-201

Living will / advance directive	Tennessee combines the living will and health care agent appointment in an 'advance directive for health care.' An adult or emancipated minor may sign one. It must be in writing, signed by the principal, and either notarized or signed by two competent adult witnesses. A witness may not be the agent, and at least one witness must not be related to the principal by blood, marriage or adoption and must not be entitled to any part of the principal's estate. The directive must contain an attestation clause confirming the witnesses qualify. Living wills made under older Tennessee laws remain valid. Official code not freely readable online; text from a public code mirror (code year 2024). Source: Tenn. Code Ann. § 68-11-1801 et seq. (esp. § 68-11-1803)
Medical power of attorney	The health care agent is appointed in the advance directive for health care (older 'durable power of attorney for health care' documents remain valid). The same signing rules apply: in writing, signed by the principal, and either notarized or witnessed by two competent adults, the agent may not be a witness, and at least one witness must be unrelated and not entitled to any part of the estate. Unless the directive says otherwise, the agent's authority starts only when the designated physician determines the principal lacks capacity. Official code not freely readable online; text from a public code mirror (code year 2024). Source: Tenn. Code Ann. § 68-11-1803
Revocable living trust	Tennessee has adopted the Tennessee Uniform Trust Code (Tenn. Code Ann. Title 35, Chapter 15). A trust is created only if the settlor has capacity, indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or noncharitable-purpose trust), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. For trusts created by instruments signed on or after July 1, 2004, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Property transferred to the trustee passes under the trust terms at death without probate; property left in the decedent's own name may still require probate or the small estate procedure. Official code not freely readable online; text from a public code mirror (code year 2024). Source: Tenn. Code Ann. §§ 35-15-101, 35-15-402, 35-15-602
Ways to avoid probate	Non-probate transfers available in Tennessee: (1) No transfer-on-death deed for real estate (a 2026 bill was not enacted); real estate can pass outside probate by a survivorship deed or tenancy by the entirety, or through a trust. (2) Bank deposits held 'in trust for' a named beneficiary pass to the beneficiary at the owner's death (Tenn. Code Ann. § 45-2-704). (3) Transfer-on-death registration of securities (Uniform Transfer on Death Security Registration Act, Tenn. Code Ann. § 35-12-101 et seq.). (4) Small estate procedure with limited letters for probate personal property of $50,000 or less (Tenn. Code Ann. §§ 30-4-101 to 30-4-105). (5) A surviving spouse can retitle a vehicle at no cost within the first year (Department of Revenue). (6) Revocable living trust (Tennessee Uniform Trust Code). Official code not freely readable online; text from a public code mirror (code year 2024). TOD securities: https://codes.findlaw.com/tn/title-35-fiduciaries-and-trust-estates/tn-code-sect-35-12-101/ Source: Tenn. Code Ann. §§ 45-2-704, 35-12-101, 30-4-102

Executor's duties	Main duties and deadlines for a Tennessee personal representative: post bond unless excused and receive letters; within 30 days after letters issue, the court clerk publishes, in the personal representative's name, a notice to creditors (two consecutive weekly notices in a county newspaper), and claims are barred unless filed within the period stated in the notice (and in any event within 12 months of death); within 60 days after taking on the administration, file a complete, verified inventory of the probate estate with the clerk (not required for a solvent estate if the will or all residuary beneficiaries excuse it, unless one demands it); within 15 months after qualifying, file an accounting with the clerk (or, if accountings are waived, a status report, and yearly thereafter while the estate remains open); pay valid claims, expenses and taxes; then distribute the estate and make final settlement. Official code not freely readable online; text from a public code mirror (code year 2024). Source: Tenn. Code Ann. §§ 30-2-301, 30-2-306, 30-2-307, 30-2-601
Letters testamentary	Letters testamentary (with a will) or letters of administration (without one) are issued by the court exercising probate jurisdiction in the county where the decedent lived (commonly the chancery or probate court). The applicant files a verified petition identifying the petitioner and the decedent, the date and place of death and residence, the heirs at law (if intestate) or the will and its attesting witnesses, an estimate of the estate's value, and information on the proposed personal representative. Bond is required unless the will waives it, or the court approves a waiver when the representative is the sole beneficiary or all adult beneficiaries consent. A nonresident may serve after appointing the Tennessee Secretary of State as agent for service of process. For estates of $50,000 or less, limited letters may issue in a small estate proceeding. Official code not freely readable online; text from a public code mirror (code year 2024). Source: Tenn. Code Ann. §§ 30-1-117, 30-1-201, 35-50-107, 30-4-102
Affidavit / determination of heirship	No statute for real estate was confirmed. In Tennessee, heirs are identified in the verified petition for letters filed with the probate court, and a will may be probated as a 'muniment of title' to pass real estate without full administration. For vehicles only, the Department of Revenue uses an Affidavit of Inheritance signed by all heirs. Official code not freely readable online; text from a public code mirror (code year 2024). Source: Tenn. Code Ann. §§ 30-1-117, 32-2-111
Transferring a car after death	Applications are filed with the local county clerk. Surviving spouse: may apply for a new title in his or her name at no cost within the first year after the death (regular cost after one year), with the existing title and a copy of the death certificate; an affidavit of inheritance may also be required. Executor or administrator: the person appointed signs the existing title, and the application includes the probated will or certified letters testamentary (or letters of administration). No will: an Affidavit of Inheritance (form RV-F1310501) signed by all heirs, with a copy of the death certificate; when the affidavit is used, the seller's signature space on the back of the title is left blank. Source: Tennessee Department of Revenue, GI-3, GI-4 and GI-6; Affidavit of Inheritance (RV-F1310501)

Tennessee Wills, Probate and Estate Law

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Tennessee estate law FAQ

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