What Families Need to Know After a Death in Tennessee

Tennessee eliminated its state estate tax in 2016, making it one of the more tax-friendly states for estate settlement. The state's probate process runs through the Chancery or Circuit Court (depending on county), and its $50,000 small estate threshold offers a meaningful shortcut for many families. Tennessee's advance directive combines a healthcare agent appointment and treatment preferences in a single document.

Probate
Probate & Small Estate Rules in Tennessee

Tennessee probate is filed in the Chancery Court or Circuit Court of the county where the deceased lived — the court with jurisdiction varies by county. Tennessee's small estate threshold is $50,000 in gross personal property value, which covers a large share of estates that hold little or no real property.

Under T.C.A. § 30-4-102, personal property with a gross value under $50,000 can be claimed by affidavit 45 days after death, without opening a formal probate case. The affiant — the person signing the affidavit — takes on personal liability for the estate's debts up to the amount they receive. This is an important detail: the simplified process does not eliminate creditor obligations.

Real property cannot be transferred by small estate affidavit. It must go through formal probate unless it was held in joint tenancy with survivorship rights, placed in a living trust, or transferred via a recorded Transfer on Death (TOD) deed. Tennessee recognizes TOD deeds for real estate, allowing property to pass directly to named beneficiaries and bypass probate entirely.

When formal probate is required, the court appoints an executor (or administrator if there is no will) and issues Letters Testamentary. Creditors have 4 months from the date of first publication to file claims. Tennessee has no statutory executor fee schedule — compensation is set at a reasonable amount, often negotiated or approved by the court. Uncontested estates typically close in 6–12 months.

Wills
Will Signing Requirements in Tennessee

A valid Tennessee will requires the testator's signature plus two adult witnesses who sign in the testator's presence, as required by T.C.A. § 32-1-104. Notarization is not required to make a will valid, but Tennessee allows a self-proving affidavit — a notarized statement signed at the time of execution — that eliminates the need for witnesses to appear and testify in court when the will is submitted to probate.

Tennessee also recognizes holographic wills under T.C.A. § 32-1-105 — wills written entirely in the testator's own handwriting and signed, with no witnesses required. While legally valid, holographic wills are more vulnerable to challenge and should not substitute for a properly witnessed will when one is available.

If you discover a handwritten document that appears to be a will, do not discard it. Present it to the Chancery or Circuit Court — even informal handwritten documents can be legally significant in Tennessee.

If a person dies with no valid will, Tennessee's intestate succession law under T.C.A. § 31-2-104 governs how the estate is distributed. The rules differ meaningfully depending on whether the deceased left a spouse, children, or both — see the spousal rights section below for details.

Advance Directive
Tennessee Advance Care Plan

Tennessee uses a single combined document called the Advance Care Plan (ACP) that covers both the appointment of a health care agent (healthcare power of attorney) and the person's end-of-life treatment preferences (living will). Families settling an estate in Tennessee should look for this document among the deceased's papers, as it governs decisions made during the final period of illness.

To be valid, the Tennessee ACP must be signed by the person and either two witnesses or a notary public. Witnesses cannot be the designated health care agent, or any heir or beneficiary under the person's will or estate — this rule is designed to prevent conflicts of interest.

Tennessee also recognizes the Physician Orders for Scope of Treatment (POST) form — a physician-signed medical order for patients with serious illness. The POST is distinct from the ACP and governs immediate treatment decisions in a clinical setting. Both documents can coexist: the POST directs current treatment, while the ACP names the agent and sets longer-term preferences.

Spousal Rights
Spousal Rights & Intestate Succession in Tennessee

Tennessee is not a community property state. Each spouse owns their own property, and ownership at death is determined by title, beneficiary designations, and the will — not a presumption of equal marital ownership.

Under Tennessee's intestate succession law (T.C.A. § 31-2-104), if the deceased leaves both a spouse and children, the spouse and children share the estate equally — but the spouse receives no less than one-third. If there are no children, the surviving spouse takes the entire estate.

Even when there is a will, Tennessee's elective share law protects surviving spouses. Under T.C.A. § 31-4-101, a surviving spouse can claim a percentage of the net estate regardless of what the will provides. The share scales with the length of the marriage:

• Less than 3 years of marriage: 10% of the net estate
• 3 to less than 6 years: 20%
• 6 to less than 9 years: 30%
• 10 or more years: 40%

Tennessee also provides two additional protections for surviving spouses. First, a year's support allowance — a reasonable amount for living expenses during estate administration, paid before creditors are satisfied. Second, a homestead exemption of $7,500 under T.C.A. § 26-2-301 for the surviving spouse or minor children, which can be applied against creditor claims on the primary residence.

Vehicle Transfer
Transferring a Vehicle After Death in Tennessee

Tennessee allows a simplified vehicle title transfer for estates using the small estate affidavit process. If the total gross value of personal property is under $50,000, the affidavit can be presented to the Tennessee Department of Safety and Homeland Security to transfer a vehicle title without opening probate. The affiant must provide a certified death certificate, the original title, and a completed affidavit form.

For larger estates where probate is required, the personal representative transfers vehicle title using Letters Testamentary at any Tennessee Driver Services center. The representative brings the death certificate, the letters, and the original title.

Vehicles jointly titled with survivorship rights transfer automatically to the surviving co-owner. The survivor presents the death certificate and the existing title at a Driver Services center — no court order or probate filing is needed.

Vehicles held in a living trust transfer to the successor trustee without any court involvement. The successor trustee presents the trust document and death certificate to establish authority to retitle the vehicle.

Medicaid Recovery
Medicaid Estate Recovery in Tennessee

Tennessee Medicaid — administered as TennCare — seeks reimbursement from the estates of beneficiaries aged 55 and older for long-term care costs paid during their lifetime. This is a legal right of the state and can be a significant liability if not addressed before estate assets are distributed.

Tennessee limits recovery to the probate estate. Assets that pass outside of probate — through beneficiary designations, joint tenancy with survivorship rights, Transfer on Death deeds, or living trusts — are not subject to TennCare recovery. This makes the distinction between probate and non-probate assets especially important in Tennessee estate planning and administration.

Recovery is waived in three situations:

• A surviving spouse is living
• A minor child of the deceased is living
• A blind or permanently disabled child of the deceased is living, regardless of age

Executors and administrators should contact the Bureau of TennCare before distributing any estate assets. Distributing assets without first resolving a TennCare claim can expose the executor to personal liability. TennCare will provide a written determination of whether a claim exists and its amount.