Probate and Recording Deeds in Davidson County (Nashville), Tennessee
Where to file a will or open probate, and where to record a deed, in Davidson County (Nashville) — with the state rules that apply.
Probate court
Davidson County Probate Court (Seventh Circuit), Probate Court Clerk (Circuit Court Clerk)
Address: 1 Public Square, Suite 302, Nashville, TN 37219-6300
Phone: (615) 862-5980
Recording deeds
Davidson County (Metro Nashville) Register of Deeds
Tennessee rules that apply
| 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. |
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| 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). |
| Signing and recording a deed | 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. Official code not freely readable online; text verified on a public code mirror (code year 2024). |
| Transfer-on-death deed | 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. |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.