FAQ: How do I submit an affidavit accounting for personal property in a Tennessee small estate case?

Short answer: In Tennessee, if a decedent’s estate qualifies as a small estate under state law, an heir or person entitled to property can use a sworn affidavit to collect certain personal property (bank accounts, vehicles, personal effects) without formal probate. You must confirm the estate qualifies, prepare a written affidavit that lists the property and values, attach a death certificate, swear the affidavit before a notary, and either file it with the probate court or present it to the custodian (bank, DMV, etc.). Follow statutory requirements and court/local custodian procedures carefully.

Detailed answer — step-by-step under Tennessee law

This is not legal advice. It explains general Tennessee practice and common statutory steps; check current Tennessee law and local court rules or consult an attorney for case-specific guidance.

1. Confirm eligibility

Before preparing an affidavit, make sure the estate qualifies as a “small estate” under Tennessee law. Small estate procedures generally apply only to certain personal property (not real property) and only when the total value of the decedent’s personal property subject to collection under the statute does not exceed the statutory limit. Also confirm there is no pending formal administration of the decedent’s estate and that the person seeking to use the affidavit is an heir, beneficiary, or otherwise entitled to the property.

For statutory language and current limits, consult the Tennessee Code and any implementing court rules or administrative forms available from the Tennessee Administrative Office of the Courts and the General Assembly website: https://www.capitol.tn.gov/ and the Tennessee Judiciary site: https://www.tncourts.gov/.

2. Identify the property you can collect with an affidavit

Common items collectible via small-estate affidavit include bank accounts (subject to bank policies), tangible personal property, insurance proceeds in some situations, and motor vehicles (subject to DMV rules). Real property and assets already in formal probate usually are excluded. Check with the custodian (bank, title agency, DMV) to confirm whether they accept an affidavit and what additional forms they require.

3. Gather required documents and facts

• Certified or certified-copy death certificate for the decedent.
• Photo ID for the person signing the affidavit.
• Documentation proving ownership or the existence of the asset (bank statements, vehicle title or registration, policy information for insurance proceeds).
• Information showing heirship or beneficiary status (copy of will if any, or family tree/relationship evidence if intestate).
• Estimated values for each item of personal property claimed.

4. Prepare the affidavit

The affidavit should be a clear, sworn statement that includes:

• Full name and residence of the affiant (person signing).
• Full name, date of death, and last residence of the decedent.
• A statement that no application for appointment of a personal representative is pending in any Tennessee court (or describe any pending proceedings).
• An itemized list of the personal property being claimed, including fair value estimates and where each item is located or held.
• A statement that the total value of the personal property subject to the affidavit does not exceed the statutory limit (verify the current limit before signing).
• A statement that the affiant is entitled to possession of the listed property as an heir or beneficiary (describe how — will, intestacy, beneficiary designation).
• An oath clause and signature line for the affiant; the affidavit must be signed in the presence of a notary public (or other official authorized to administer oaths).

Some banks, title offices, or the probate clerk may have a required form. Contact the institution or court clerk first and ask whether they accept a standard statutory affidavit or require a specific template.

5. Notarize and distribute

Sign the affidavit in front of a notary public. Keep the original and obtain certified copies if you will file with a court. Provide the affidavit (and required attachments) to the entity holding the property — for example:

• Bank: present affidavit, death certificate, and your ID. The bank may freeze certain accounts for a waiting period or require additional documentation.
• DMV: provide the affidavit, title, death certificate, and completed vehicle transfer forms.
• Insurance company or other custodian: follow their claims procedures for paying beneficiaries or heirs.
• Probate court: in some counties you may be required to file a copy of the affidavit with the probate clerk; in others you may only produce it to custodians when collecting assets.

6. Watch for creditor claims and liabilities

Collecting property using a small-estate affidavit does not eliminate creditor claims. Tennessee law provides procedures for creditor notice and collection; in some situations the affiant may be personally liable for debts paid from the assets collected. Keep careful records of what you collect and any distributions you make. If large creditor claims exist, or if you are unsure of obligations, consider opening a formal probate administration.

7. When to file a formal probate instead

Do not use an affidavit if:

• The estate includes real property that must be administered;
• There is a pending petition for appointment of a personal representative;
• The total value of personal property exceeds the statutory small-estate limit;
• The decedent’s assets or liabilities are complex, or multiple claimants dispute entitlement.

Practical hypothetical: collecting a small bank account and a car

Suppose Jane Doe (dec.) died without a will. Her daughter, Mary, confirms the decedent’s only assets are a bank account of $4,000 and a car. Tennessee’s small-estate process (if the statutory limit covers the $4,000 account and vehicle) would let Mary sign a sworn affidavit stating she is an heir, listing the bank account and car (with estimated values), attaching the death certificate, notarizing the affidavit, and presenting it to the bank and DMV. The bank and DMV will each have their own procedures — the bank may require original documents and may restrict withdrawal for a short period; the DMV will require the affidavit plus vehicle title transfer paperwork. Mary should retain copies of everything and confirm whether she must file a copy with the probate court in her county.

Where to check Tennessee statutes and local forms

Statutory rules for small estates and collection of a decedent’s personal property are set by the Tennessee General Assembly and implemented by courts and local custodians. See the Tennessee Code and court resources for the most up‑to‑date text and possible statutory limits: Tennessee Code and legislation — Tennessee General Assembly. For practical forms, procedures, and self‑help resources, check the Tennessee Judiciary website: https://www.tncourts.gov/.

When to consult an attorney

Consider talking with a probate or estate attorney if:

• Estate value is near or above the statutory small-estate limit;
• Heirs or beneficiaries dispute entitlement;
• Significant debts or tax issues exist;
• Real property is involved; or
• You are uncertain about creditor liability or the correct legal procedure.

Disclaimer

This article explains general Tennessee procedures and is for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific estate or to confirm current statutory limits and procedures, consult an attorney or the appropriate Tennessee court clerk.

Helpful Hints

• Call the bank, DMV, or custodian before you prepare the affidavit to ask what forms and documentation they will accept.
• Obtain multiple certified copies of the death certificate early — custodians frequently require originals or certified copies.
• Keep an itemized inventory and receipts when you collect or distribute estate property; good records protect you from later claims.
• If a will exists, determine whether it appoints a personal representative; that person’s authority can affect who may use the small‑estate affidavit.
• Check the probate court clerk’s office website or call the clerk to confirm whether you should file a copy of the affidavit or whether local practice requires additional steps.
• If multiple heirs exist, document written agreement about distribution when possible to reduce risk of disputes.
• When in doubt about creditor priority or potential liability for paying debts from collected assets, consult an attorney before spending estate funds.