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 for the probate estate, which covers many estates that hold no real property in the deceased's name alone.

Under Tennessee's Small Estate Probate Act (T.C.A. § 30-4-101 et seq., as amended effective April 28, 2023), when the probate estate is worth $50,000 or less and the deceased had no interest in real property that did not pass automatically (for example, by joint ownership or a TOD deed), a family member can file a sworn petition with the probate court 45 days after death for limited letters. The limited letters let that person collect and distribute the estate's assets without a full probate administration. It is simpler than full probate, but it is still a court filing — Tennessee no longer uses a small estate affidavit presented directly to banks. The simplified process does not eliminate creditor obligations.

Real property in the deceased's name alone takes the estate out of the small estate process. It must go through 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.

If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including Tennessee. Executor pay is covered in executor fees by state.

Wills
Will Signing Requirements in Tennessee

A valid Tennessee will requires the testator's signature plus two witnesses who sign in the presence of the testator and of each other, 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 whose signature and all material provisions are in the testator's own handwriting, with no witnesses to the signing required. When the will is probated, the handwriting must be proved by two witnesses. 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%
• 9 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, homestead rights for the surviving spouse and minor children in the family residence, which protect it from certain creditor claims (T.C.A. § 30-2-209; the dollar limits depend on the circumstances).

Vehicle Transfer
Transferring a Vehicle After Death in Tennessee

For small estates, the person granted limited letters under Tennessee's small estate process can use them, with a certified death certificate and the original title, to transfer the vehicle title into the heir's name.

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 generally limits recovery to the probate estate, and the state's Medicaid plan describes claims as pursued through the Probate Court. Assets that pass outside of probate — through beneficiary designations, joint tenancy with survivorship rights, Transfer on Death deeds, or living trusts — are generally outside a TennCare claim, but confirm with TennCare before you rely on that. This makes the distinction between probate and non-probate assets especially important in Tennessee estate planning and administration.

Recovery is deferred 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.

For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.