Tennessee Probate Forms: What You Need and Where to Get Them

Tennessee does not have a single statewide set of probate forms. Each county's clerk or clerk and master provides its own versions, formatted to local court rules. The substantive law is the same across all 95 counties, but the paperwork looks different depending on where you file.

Here is what forms you actually need, where to find them, and the filing order that keeps you out of trouble.

Which Track: Small Estate or Formal Probate?

Before gathering forms, determine which probate track applies. Tennessee offers two paths:

Small Estate Affidavit (T.C.A. Section 30-4-101): Available when the deceased's personal property is valued at $50,000 or less and there is no real estate in their name alone. Requires a 45-day waiting period after death. Court costs typically range from $103 to $141 depending on the county.

Formal Probate (T.C.A. Section 30-1-101): Required when personal property exceeds $50,000 or the deceased owned real estate solely in their name. Filing fees start at $275 (state-mandated base) and typically total $300 to $500 with county litigation taxes.

Core Forms for Small Estate Administration

If the estate qualifies for the small estate track, you will need:

1. Petition for Limited Letters of Administration / Small Estate Affidavit. This combined form is your primary filing. It identifies the deceased, lists the assets, names the person requesting authority to administer, and swears that the estate meets the $50,000 personal property limit.

County-specific versions are available from:

• Wilson County Clerk and Master — provides a downloadable packet with instructions
• Hamilton County Chancery Court (Part 2 Probate)
• Hawkins County Chancery Court (Probate Division)
• Anderson County Clerk and Master
• Maury County Probate Court

2. Consent to Serve Without Bond. Each next-of-kin must sign and notarize a consent form waiving the surety bond requirement. If any heir is a minor, incompetent, or refuses to consent, the court may require a bond equal to the value of the estate's personal property.

3. Original Last Will and Testament (if one exists). If the deceased left a will, the original must be physically deposited with the court for safekeeping. The will is not formally probated in a small estate proceeding — it is lodged under T.C.A. Section 32-1-112. The statutory fee is typically $5.

4. Certified Death Certificate. At least one certified copy. Order from the Tennessee Office of Vital Records or your county health department at $15 per copy.

Core Forms for Formal Probate

Formal probate requires more documentation, filed in a specific sequence:

1. Petition for Letters Testamentary or Letters of Administration. Filed with the probate court in the county where the deceased resided. This requests the court to appoint you as the personal representative (executor if there is a will, administrator if there is not).

2. Original Will (if one exists). Must be submitted with the petition. Under T.C.A. Section 32-3-103, anyone in possession of a will must deliver it to the probate court within 30 days of learning of the death.

3. Certified Death Certificate.

4. Oath of Office. After the court approves the petition, the personal representative takes a formal oath before the clerk.

5. Surety Bond (unless waived). Required unless the will explicitly waives the bond requirement or all beneficiaries consent to waive it. Bond amount is typically set to the value of the personal property.

6. Estate Inventory. Due within 60 days of appointment. Lists all estate assets with their date-of-death values. All beneficiaries must receive a copy unless they execute a Waiver of Inventory.

7. Notice to Creditors. The court clerk publishes this in a local newspaper within 30 days of the representative's appointment. This starts the four-month creditor claim period.

8. TennCare Request for Release of Claim. Mandatory for every probate estate, not just those involving Medicaid recipients. Submitted to the Division of TennCare's RFR Processing Unit with a copy of the death certificate. The court cannot close the estate until TennCare files a formal release.

9. Final Accounting. Details all receipts, disbursements, and proposed distributions. Filed after the creditor period closes and all claims are resolved. Can be waived if all beneficiaries sign a Waiver of Accounting.

10. Petition to Close Estate. Filed after distributions are complete. Discharges the personal representative from further liability.

Where to File: County Court Variation

Tennessee has no uniform probate court. The venue depends on which county the deceased resided in:

Call the clerk's office in the correct county before filing. Ask which court handles probate, what forms they accept (some counties require their own specific versions), and whether any local rules apply to formatting or filing procedures.

The TennCare Release — Do Not Skip This

The TennCare Request for Release of Claim is the form most often overlooked, and it is the one that can block estate closure indefinitely. Under Tennessee law, the probate court is legally prohibited from closing any estate until TennCare's release letter is filed with the clerk.

TennCare checks whether the deceased received Medicaid-covered long-term care services at age 55 or older. If they did, TennCare files a claim against the estate for those costs. If they did not, TennCare issues a release clearing the estate to close.

The form is available on the TennCare website at no cost. Submit it early — processing times vary, and delays here hold up everything else.

Planning Ahead to Simplify Probate

The best way to deal with probate forms is to minimize what needs to go through probate in the first place. Tennessee's lack of transfer-on-death deeds means real estate in your sole name will require formal probate. Joint titling, beneficiary designations on financial accounts, and properly funded trusts all keep assets out of the probate system.

The Tennessee Basic Estate Planning Kit includes a county-specific filing roadmap and the pre-death planning documents that reduce or eliminate your family's probate burden.

See more Tennessee guides →