Probate Process in Tennessee: Step-by-Step Guide

Tennessee probate follows a well-defined statutory sequence governed primarily by Titles 30, 31, and 32 of the Tennessee Code Annotated. These statutes apply statewide — from Shelby County to Sullivan County — though local court rules, filing fees, and attorney requirements vary significantly by jurisdiction. Here's the complete process.

Step 1: Determine Which Track Applies

Not every Tennessee estate requires full formal probate. Before filing anything, assess what the estate contains.

Assets that pass automatically (no probate needed): Life insurance with a named beneficiary, retirement accounts (IRA, 401k) with a named beneficiary, bank accounts with a Payable on Death designation, real estate with a Transfer on Death deed, and property held jointly with right of survivorship. These bypass the court entirely.

Small Estate Affidavit: If the remaining personal property is $50,000 or less and there is no real estate involved, you may qualify for Tennessee's simplified Small Estates Act procedure. After a 45-day waiting period from the date of death, you file a single sworn affidavit with the court. See small-estate-affidavit-tennessee.

Muniment of Title: If a valid will exists and real estate is the only asset needing transfer, the will can be admitted to probate for the limited purpose of establishing title — without full estate administration. See tennessee-muniment-of-title.

Full formal probate: Required when personal property exceeds $50,000, when complex debts or disputes exist, or when the estate's circumstances require expansive fiduciary authority.

Step 2: Locate the Will and Safe Deposit Box

The nominated executor or next of kin must locate the original Last Will and Testament. Wills are often stored in bank safe deposit boxes. Tennessee Code Annotated § 45-2-905(c)(2) allows a deceased person's spouse, parent, adult sibling, or adult descendant to access a safe deposit box in the presence of a bank employee — but solely to search for a will, burial instructions, or life insurance policies.

Within 30 days of learning of the death, the will should be lodged with the probate court even if formal proceedings haven't begun.

Step 3: File the Petition and Open the Estate

File a verified petition in the Chancery Court (or the dedicated Probate Court in Davidson or Shelby counties) of the county where the decedent resided at death. The petition identifies the decedent, the nominated executor, the will (if any), and provides an estimate of the estate's value.

Filing fees range from $231.00 (Hamilton County) to $418.50 (Knox, Rutherford, and Williamson counties), with Davidson County at $334.50 and Shelby County at $341.50. E-filing is available in major counties through the court's eFlex portal.

An important local rule: Davidson County (Nashville) Local Rule 39.01 prohibits executors from appearing without an attorney in any full estate administration. Shelby County (Memphis) enforces a similar rule. In these jurisdictions, you must hire a licensed Tennessee attorney to file the opening petition for a full estate. Rural counties operating through Chancery Court are generally more lenient toward self-represented executors.

Step 4: Take the Oath and Post Bond

Once the petition is approved, the executor takes a formal oath of office before the clerk. The court also typically requires the posting of a fiduciary bond — a form of insurance that protects the estate against mismanagement. Bond amounts are usually set at the estimated value of the personal estate.

However, the bond requirement can be waived entirely if the will explicitly waives it, or if all adult, competent beneficiaries sign a written Waiver of Bond. Many properly drafted modern wills include this language. If the will doesn't, getting all beneficiaries to sign a waiver form eliminates this cost.

Step 5: Receive Letters Testamentary (or Letters of Administration)

Once the oath is taken and any required bond is posted, the court clerk issues the Letters. Letters Testamentary are issued when the decedent left a valid will naming an executor. Letters of Administration are issued for intestate estates (no will), where the court appoints an administrator instead.

These documents are your legal authority to act on behalf of the estate — access bank accounts, liquidate assets, and bind the estate in contracts. Financial institutions will demand to see them before releasing any funds.

Step 6: File the Inventory Within 60 Days

Unless the will waives it or all beneficiaries consent in writing, the executor must file a comprehensive sworn inventory of all estate assets within 60 days of receiving Letters. This is a hard deadline.

The inventory includes every asset the estate owns — real property, vehicles, bank accounts, investment accounts, business interests, personal property — with a fair market value for each. The inventory is reviewed by the court clerk and becomes a matter of public record.

Step 7: Publish Notice to Creditors

Within 30 days of the issuance of Letters, the court clerk publishes a Notice to Creditors in a local newspaper for two consecutive weeks. The executor must also actively notify any known creditors by mail.

Once the first publication runs, a four-month creditor claim period begins. Creditors who receive actual mailed notice have four months from receipt. Creditors who rely only on newspaper publication have twelve months from the date of death as the absolute bar. No estate assets can be distributed to beneficiaries until this period expires and all valid claims are resolved.

Step 8: Submit the TennCare Request for Release

If the decedent was 55 or older and received any Medicaid (TennCare) benefits, the estate cannot be closed without a formal release from the Bureau of TennCare. Submit Form TC-0087 (Request for Release) along with a certified copy of the death certificate to TennCare's Estate Recovery Processing Unit in Nashville as soon as Letters are issued. Don't wait — TennCare processing delays are a leading reason estates stay open longer than necessary.

TennCare releases claims of $10,000 or less as not cost-effective, but you still need the written release. Recovery is also waived if the decedent was survived by a spouse, or by a child who is under 21, blind, or permanently disabled.

Step 9: Manage and Liquidate Assets

During the creditor waiting period, the executor marshals, manages, and (where appropriate) liquidates estate assets. Vehicles transfer through the County Clerk's office. Real estate requires a deed or court order. The executor must maintain the estate's assets, keep accurate records of all transactions, and avoid mixing estate funds with personal funds.

Step 10: Pay Valid Debts and Administrative Expenses

After the creditor period expires, pay all valid creditor claims in the statutory priority order: funeral expenses and administration costs first, then secured creditors, then taxes, then general unsecured creditors. If the estate is insolvent (debts exceed assets), the executor follows the statutory distribution order strictly — beneficiaries receive nothing until all creditors are paid.

Step 11: File the Final Accounting and Close the Estate

The executor files a detailed final accounting with the court showing every receipt and disbursement during the administration. The clerk reviews it for completeness. This requirement can be waived if the will provides for it or if all adult beneficiaries sign a written waiver.

Once the accounting is approved (or waived) and the TennCare release is in hand, the executor files a Petition to Close the estate. The court enters an Order to Close, distributes any remaining assets to beneficiaries, and discharges the executor from all further fiduciary duties.

Getting the Sequence Right

Tennessee probate has strict statutory deadlines that can create personal liability for an executor who misses them. The 60-day inventory filing, the creditor publication requirements, and the TennCare release submission each have consequences if neglected. The Tennessee Probate Process Guide provides a month-by-month checklist with every deadline mapped to the date of Letters — so you know exactly what to do and when, without needing to piece it together from the Tennessee Code yourself.

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