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Tenn. Code Ann. § 30-4-102 · checked 2026-10-20
Tennessee small estate affidavit limit
In Tennessee the small estate affidavit filed with the probate court is available when the value of the probate property (personal property only) is $50,000 or less; the statute sets no waiting period. It works through an affidavit or sworn statement filed with the court or its clerk.
- 1Dollar limit $50,000
- 2Waiting period None stated
- 3Filed with Court
- 4Statute Tenn. Code Ann. § 30-4-102
What Tenn. Code Ann. § 30-4-102 says
The operative words of the statute, as read on 2026-10-20:
“the value of the probate property does not exceed fifty thousand dollars ($50,000)”
That test is applied to the value of the probate property (personal property only). The chapter defines property as personal property only. The affidavit is filed with the court that has probate jurisdiction in the county where the decedent lived.
Source: Tenn. Code Ann. § 30-4-102 (text read from the Justia copy, current as of 2025; check the legislature's own text before relying on it). Last checked 2026-10-20.
Worked examples against the $50,000 limit
| Estate value | Result under Tenn. Code Ann. § 30-4-102 |
|---|---|
| $30,000 | Within the limit |
| $50,000 | Within the limit |
| $51,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — value of the probate property (personal property only) — not everything the person owned. Tennessee's figure is $12,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 25th from the top, level with Alaska, Delaware, Iowa, Maryland.
When the route opens
Tenn. Code Ann. § 30-4-102 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.
If the estate goes through full probate instead, creditors have 12 months counted from the decedent's death (outer limit; the published notice sets the shorter period) (Tenn. Code Ann. § 30-2-307(d)). The Tennessee probate timeline works those dates through.
Filing and fees
The sworn statement goes to the court or its clerk, which keeps it on file. The court fee schedule for Tennessee could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit filed with the probate court and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby East South Central jurisdictions
Alabama: $47,000; Kentucky: no dollar cap; Mississippi: $75,000 after 30 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Tennessee probate court or its self-help center before filing.