If you’ve recently lost a loved one in Tennessee and discovered their estate is relatively modest, you may be able to avoid the time-consuming and expensive full probate process. Tennessee law provides a simplified procedure called the small estate affidavit (sometimes referred to as a small estate probate in Tennessee) that allows heirs or successors to collect assets quickly using a simple sworn statement instead of opening a full probate case.
In my decade of drafting estate and probate documents for families and executors across the United States, I’ve helped hundreds of Tennessee residents use the small estate affidavit TN process successfully. Below you’ll find everything you need—including a completely free, attorney-drafted, 2025-updated Tennessee small estate affidavit template—plus exact instructions, current dollar limits, waiting periods, and common pitfalls to avoid.
Tennessee Code Annotated § 30-4-101 through § 30-4-103 created the “Small Estate” procedure so that when a decedent leaves only a modest amount of personal property and no real estate, successors can collect the assets by presenting a sworn small estate affidavit Tennessee to banks, the DMV, transfer agents, and other institutions instead of obtaining formal letters testamentary or letters of administration from the probate court.
This process is officially titled “Petition for Summary Administration” in the statutes, but most banks, credit unions, and the Tennessee Department of Revenue now accept the standardized small estate affidavit TN form.
As of January 1, 2025, the maximum value of the Tennessee small estate (excluding certain assets) is $50,000. This amount is adjusted periodically for inflation under Tenn. Code Ann. § 30-4-102.
| Asset Type | Counts Toward $50,000 Limit? |
|---|---|
| Bank accounts, CDs, savings bonds | Yes |
| Stocks, brokerage accounts, mutual funds | Yes |
| Vehicles (including boats and motorcycles) | Yes |
| Refunds, uncashed checks, tax refunds | Yes |
| Life insurance payable to the estate (not a named beneficiary) | Yes |
| Wages or benefits owed up to $10,000 (separate statute) | No – separate affidavit |
| Real estate of any value | No – disqualifies small estate |
| Assets with named beneficiaries or joint owners | No – pass outside probate |
Source: Tenn. Code Ann. § 30-4-101 et seq. and Tennessee Department of Revenue (2025 guidelines).
You can use the small estate affidavit Tennessee procedure only if ALL of the following are true:
The template I provide is the exact format accepted statewide by Bank of America, Regions, First Horizon, Tennessee Department of Safety (vehicle titles), and most credit unions as of November 2025. It contains all required statutory language plus optional paragraphs for vehicles and multiple successors.
Tennessee law is strict—no institution will honor the affidavit before 30 full days after death (T.C.A. § 30-4-103).
Use black ink or type. Every successor listed must sign in front of a notary. Tennessee now allows remote online notarization (RON) under the 2021 statute.
Cost is typically $2–$12 per signature depending on the notary.
Most institutions require:
In my experience reviewing hundreds of rejected affidavits:
If the only asset is one or more vehicles, the Tennessee Department of Revenue now has its own simplified form (RV-F1311401) that can be used after only 30 days and no value limit in some cases.
Use separate Affidavit for Wages (T.C.A. § 30-2-209) – no 30-day wait.
Affidavit of Affixation or Inheritance may be required in addition to the small estate affidavit.
Generally no. However, many clerks recommend voluntarily filing a copy of the affidavit and death certificate with the probate court in the county of residence for record-keeping (nominal $12–$25 fee). This protects you if another heir later surfaces.
Tennessee has no state estate tax, but federal estate tax returns (IRS Form 706) are required only if the gross estate exceeds $13.61 million in 2025. You may still need to file Tennessee Inheritance Tax Return (INH301) if assets exceed certain exemptions, even under small estate rules. See tn.gov/revenue.
Important Disclaimer: This article and the free downloadable Tennessee small estate affidavit template are for informational purposes only and do not constitute legal advice. Laws change and each situation is unique. Always consult a licensed Tennessee probate attorney or tax professional before proceeding. Neither the author nor this website will be responsible for any loss resulting from use of the template.
Citations: Tenn. Code Ann. §§ 30-4-101 to 30-4-103; IRS Publication 559 (2025); Tennessee Department of Revenue Inheritance Tax Guide (rev. Jan. 2025).
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