Determining Whether a Tennessee Bank Account Falls Under the $20,000 Small‑Estate Threshold
Detailed answer
In Tennessee, people often use a simplified small‑estate procedure (sometimes called an affidavit for collection of personal property) when the decedent’s personal property subject to administration falls below the statutory monetary limit. To decide whether a particular bank account is “under the $20,000 limit” (so that you can consider the small‑estate path), you need to do two things: (1) determine what counts toward the small‑estate total, and (2) confirm the actual balance and ownership status of the bank account.
1. Which funds count toward the small‑estate total?
Not every dollar connected to a deceased person counts as part of the probate estate. Common rules you will use when adding up assets for a small‑estate affidavit:
- Include: funds in accounts titled solely in the decedent’s name, and cash or personal property that must pass through probate or collection procedures.
- Exclude (generally): accounts with a named beneficiary (payable‑on‑death, POD/ITF) or retirement accounts with designated beneficiaries; joint accounts with rights of survivorship (often pass automatically to the surviving joint owner); life insurance proceeds paid to a named beneficiary; and property held in a trust. These typically do not count as part of the assets subject to the small‑estate affidavit because they transfer outside probate.
- Be careful: an account titled jointly but used primarily by the decedent could still be treated differently depending on how the bank and a probate court view the account. The bank may require documentation before releasing funds.
2. How to confirm the bank account balance and ownership
To know whether the account’s value contributes to a total under $20,000, do the following:
- Gather recent statements. The quickest way is to log in to the decedent’s online banking (if you have credentials) or collect mailed statements. Statements show the current balance and who is on the title.
- Contact the bank. Call or visit a local branch with the decedent’s death certificate and your identification. Ask the bank to tell you the account title (sole name, joint, POD) and the current balance. Banks will have internal procedures for releasing information and funds after a customer dies; they may require a death certificate and proof of your status (beneficiary, next of kin, personal representative).
- Request a ledger or a written balance. For small‑estate purposes banks often will provide a printout or letter showing the account balance and account ownership details; this can be useful evidence when you prepare an affidavit or show a clerk what is included.
- Check other personal property. Add the value of other items that must be collected through probate (cash on hand, valuables, contents of safe deposit box if they pass to the estate). Do not include excluded items listed above.
3. Adding up assets and applying the $20,000 threshold
Once you confirm the bank balance and decide which other assets count, add together only those assets that are actually subject to probate or collection under the small‑estate rules. If that subtotal is below $20,000, you may be eligible to use the small‑estate affidavit process instead of formal probate.
4. How the bank may respond
Even when the estate is under the small‑estate limit, individual banks have internal policies. Some banks will release funds directly on the basis of a properly completed small‑estate affidavit and a death certificate; others will ask for the affidavit plus a short waiting period or may insist on letters of testamentary/administration from the probate court. Ask the bank what it requires before preparing the affidavit.
5. Where to find the Tennessee law and forms
Tennessee’s probate statutes and court‑issued probate forms describe the simplified procedures and the required affidavit forms. For official Tennessee code materials and to confirm current statutory language, start at the Tennessee government sources below:
- Tennessee Code (search Title 30 and related probate provisions): https://www.capitol.tn.gov/
- Tennessee Courts — probate/self‑help information and court forms (look for small‑estate or affidavit forms): https://www.tncourts.gov/
Note: county probate clerks or the local chancery/circuit court clerk can point you to the exact form used in your county and explain local practice.
6. Practical example (hypothetical)
Suppose the decedent held $12,500 in a bank account titled only in the decedent’s name, $3,000 cash found in a safe, and had a joint account with a spouse that passes automatically and therefore is not part of probate. When you add the $12,500 + $3,000 = $15,500 — that total is under $20,000 and those assets (the sole‑name bank account and the cash) would typically be the basis for a small‑estate affidavit. Provide the bank the affidavit and a death certificate; the bank may release the funds to the person entitled under the affidavit, depending on its policies.
7. When to get help from the probate clerk or an attorney
If you cannot determine whether an account is truly excluded (for example, a disputed joint account), if account ownership is unclear, or if the bank refuses to honor an affidavit, contact the county probate/chancery clerk or consider a short consultation with an attorney. A lawyer can confirm whether an account is part of the probate estate and advise whether the small‑estate route is appropriate.
Important: rules and dollar thresholds can change. Confirm the current statutory limit and forms with the Tennessee courts or a local probate clerk before filing anything.
Helpful hints
- Collect bank statements, check stubs, and online login details as early as possible — they make the process faster.
- Bring certified copies of the death certificate when you speak to banks or courts; banks will usually not act without it.
- Ask the bank in writing what documents they require to release funds after death. Get that in email or a letter so you know whether an affidavit will be accepted.
- Don’t assume joint accounts are excluded — ask the bank how the account is titled and whether survivorship rules apply.
- Remember that many retirement accounts and insurance proceeds with named beneficiaries pass outside probate and usually do not count toward the small‑estate total.
- Visit or call your county probate or chancery clerk if you have procedural questions; county clerks often provide instructions and local forms or can confirm the statutory limit in effect.
- Keep good records of what you include in your total (statements, valuation notes) if the account later becomes contested.
Disclaimer: This article explains general Tennessee procedures and practical steps for checking account balances and deciding whether the small‑estate procedure may apply. It is educational only and is not legal advice. For advice specific to your situation, contact a licensed Tennessee attorney or the local probate office.