Which court handles probate in Tennessee?

The chancery court of the county has exclusive jurisdiction to probate wills and administer estates unless a private act provides otherwise (Tenn. Code Ann. § 16-16-201); in Davidson County a circuit court sits as the probate court, in Shelby County the Probate Court, and in a few counties the general sessions court by private act.

How long does a Tennessee estate's creditor period run?

The clerk publishes the notice to creditors within 30 days after letters issue (Tenn. Code Ann. § 30-2-306(a)); a claim is barred unless filed within four months from the first publication, or within 60 days from the creditor's receipt of actual notice where that came later (Tenn. Code Ann. §§ 30-2-306(b), 30-2-307(a)); every claim is barred twelve months after the death regardless (Tenn. Code Ann. § 30-2-310(a)), with TennCare's own windows (Tenn. Code Ann. § 30-2-310(c)).

Is there a small-estate procedure in Tennessee?

Yes. An estate of $50,000 or less in personal property, with no real property to administer, may be handled on an affidavit filed 45 days after the death, with limited letters and no creditor publication (Tenn. Code Ann. §§ 30-4-102, 30-4-103).

Is probate required in Tennessee if there's a will?

Often yes — a will generally has to be admitted to probate to pass the property it covers; it directs who receives that property but does not avoid probate. The person holding a will delivers it to the personal representative it names, with a copy to the clerk of the court with probate jurisdiction, or to the clerk where no representative will serve (Tenn. Code Ann. § 32-1-113), and an action to set aside a will's probate is barred two years after the order admitting it (Tenn. Code Ann. § 32-4-108). Property in a funded trust, or with a beneficiary designation, may pass outside probate. General information, not legal advice.

Tennessee Probate, Explained

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What is probate?

Probate is the court process that settles a deceased person's estate — admitting any will, appointing a personal representative, paying valid claims and expenses, and distributing what remains to the heirs or beneficiaries. In Tennessee the chancery court hears it, unless a private act gives the county another court (Tenn. Code Ann. § 16-16-201). Assets that pass another way (a funded Trust, beneficiary designations, property held with right of survivorship) generally skip probate.

The main types of Tennessee probate

Admission of the will and the fiduciary's appointment

After the death, whoever holds the will mails or delivers it to the named personal representative, with a copy to the clerk (Tenn. Code Ann. § 32-1-113); the petition for letters is verified and states the items the statute lists (Tenn. Code Ann. § 30-1-117); within 60 days the personal representative files the inventory and sends each beneficiary a copy of the will, or each heir the letters (Tenn. Code Ann. § 30-2-301), and notifies the Bureau of TennCare (Tenn. Code Ann. § 71-5-116).

Administration and the estate's clocks

An administration runs on the statutes' clocks: the clerk publishes the notice to creditors within 30 days after letters (Tenn. Code Ann. § 30-2-306); a claim is barred unless filed within four months from the first publication, or 60 days from a creditor's later receipt (Tenn. Code Ann. § 30-2-307), and every claim twelve months after the death (Tenn. Code Ann. § 30-2-310); the personal representative accounts within fifteen months and annually (Tenn. Code Ann. § 30-2-601); a will contest comes within two years after the order admitting the will (Tenn. Code Ann. § 32-4-108). A living trust itself is administered without court supervision unless a party brings a matter to the court (Tenn. Code Ann. § 35-15-201).

Small estates

Where the estate's personal property is $50,000 or less and there is no real property to administer, the small estate proceeds on an affidavit filed 45 days after the death with the court of the county of the decedent's residence, with limited letters and no notice to creditors (Tenn. Code Ann. §§ 30-4-102, 30-4-103).

What happens in a Tennessee probate

Find the original will; its custodian mails or delivers it to the named personal representative on learning of the death, with a copy to the clerk of the probate court (Tenn. Code Ann. § 32-1-113); the petition for letters opens the estate (Tenn. Code Ann. § 30-1-117).
Within 60 days after letters, send each beneficiary a complete copy of the will, or each heir the letters, and file the affidavit; where the will leaves the residue to a trustee, the trustee receives the copy and sends copies to the trust's beneficiaries (Tenn. Code Ann. § 30-2-301(b)); notify the Bureau of TennCare (Tenn. Code Ann. § 71-5-116).
Within 60 days after entering on the administration, file the verified inventory of the estate's property with the clerk, unless the will excuses it or the heirs and legatees waive it (Tenn. Code Ann. § 30-2-301(a)).
The clerk publishes the notice to creditors and the personal representative mails it to known creditors (Tenn. Code Ann. § 30-2-306); pay the valid claims, taxes and administration expenses, a claim not filed in time being barred (Tenn. Code Ann. § 30-2-307), with the spouse's and children's homestead, exempt property and year's support set apart first (Tenn. Code Ann. §§ 30-2-101, 30-2-102, 30-2-201).
Account to the clerk within fifteen months and annually (Tenn. Code Ann. § 30-2-601), obtain the Bureau of TennCare's release (Tenn. Code Ann. § 71-5-116), and distribute what remains; a will contest comes within two years after the order admitting the will (Tenn. Code Ann. § 32-4-108).

Can you avoid probate in Tennessee?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations and property held with a right of survivorship generally pass outside probate, and an estate of $50,000 or less in personal property, with no real property, may be handled by affidavit 45 days after the death (Tenn. Code Ann. § 30-4-102). What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can show you where you stand, and a Tennessee attorney can advise on your estate.

General information about Tennessee law, not legal advice.

Frequently asked questions

Which court handles probate in Tennessee?: The chancery court of the county has exclusive jurisdiction to probate wills and administer estates unless a private act provides otherwise (Tenn. Code Ann. § 16-16-201); in Davidson County a circuit court sits as the probate court, in Shelby County the Probate Court, and in a few counties the general sessions court by private act.
How long does a Tennessee estate's creditor period run?: The clerk publishes the notice to creditors within 30 days after letters issue (Tenn. Code Ann. § 30-2-306(a)); a claim is barred unless filed within four months from the first publication, or within 60 days from the creditor's receipt of actual notice where that came later (Tenn. Code Ann. §§ 30-2-306(b), 30-2-307(a)); every claim is barred twelve months after the death regardless (Tenn. Code Ann. § 30-2-310(a)), with TennCare's own windows (Tenn. Code Ann. § 30-2-310(c)).
Is there a small-estate procedure in Tennessee?: Yes. An estate of $50,000 or less in personal property, with no real property to administer, may be handled on an affidavit filed 45 days after the death, with limited letters and no creditor publication (Tenn. Code Ann. §§ 30-4-102, 30-4-103).
Is probate required in Tennessee if there's a will?: Often yes — a will generally has to be admitted to probate to pass the property it covers; it directs who receives that property but does not avoid probate. The person holding a will delivers it to the personal representative it names, with a copy to the clerk of the court with probate jurisdiction, or to the clerk where no representative will serve (Tenn. Code Ann. § 32-1-113), and an action to set aside a will's probate is barred two years after the order admitting it (Tenn. Code Ann. § 32-4-108). Property in a funded trust, or with a beneficiary designation, may pass outside probate. General information, not legal advice.

General information about Tennessee law, not legal advice.