How to Avoid Probate in Tennessee

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).

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.

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.