Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
- Check Estate Value. Under Tenn. Code Ann. § 30-2-601(8), the net value of the decedent’s personal property must not exceed $50,000. This procedure applies only to personal property. See statute: Tenn. Code Ann. § 30-2-601(8).
- Verify No Pending Administration. Ensure no application for formal probate or administration is pending in Tennessee. The small estate affidavit cannot proceed if a probate case exists.
- Prepare the Affidavit. Complete the small estate affidavit form. List the decedent’s assets, approximate values, heirs and known debts. Sign the affidavit before a notary. See requirements in Tenn. Code Ann. § 30-2-606.
- File with County Clerk. Submit the original affidavit, death certificate copy and any required fee to the clerk of the county where the decedent lived.
- Wait for Clerk Certification. After filing, the clerk will review and certify the affidavit if it meets all statutory requirements. You may need to wait a short statutory period for objections.
- Distribute Assets. Present the certified affidavit to third parties (banks, insurance companies). They will release the decedent’s personal property to the named heirs. Distribute assets in accordance with the decedent’s will or Tennessee’s intestate succession laws.
By following these steps, heirs gain clear title to personal assets without full probate. Always retain copies of filed documents and certified affidavits for each heir.
Helpful Hints
- Gather multiple certified copies of the death certificate before filing.
- Obtain signed waivers from all heirs if any heir has a different understanding of asset division.
- Retain proof of delivery when distributing property to heirs.
- Watch for creditor claim deadlines under Tenn. Code Ann. § 30-2-611.
- Consider a brief consultation with a probate attorney to review your affidavit before filing.