Detailed Answer — What belongs on a Tennessee small estate affidavit and what you can leave blank or mark zero

Short answer: Only list property that is part of the decedent’s probate or collectible estate under Tennessee law — generally assets owned solely by the decedent or payable to the estate. Do not include property that passed automatically to someone else by operation of law (for example, joint-tenancy property, accounts with a beneficiary designation, or life insurance payable to a named beneficiary). If an item had no value as of the date of death, show its value as zero or indicate “no value” so the affidavit shows you considered it. Always follow the instructions on the specific county form and confirm procedure with the probate clerk.

1. Understand what a small estate affidavit is in Tennessee

A small estate affidavit is a limited, simplified way to collect certain personal property of a decedent without full probate administration. The affidavit lets a person declare under penalty of perjury what assets are in the estate and claim those assets from banks, businesses, and other holders. Each Tennessee county may have its own form or instructions, and the courts and clerks have information and forms to help you. For general Tennessee court self-help resources, see: Tennessee Administrative Office of the Courts — Self Help. For the full Tennessee Code, including probate statutes, start at the Tennessee General Assembly’s site: Tennessee Code (capitol.tn.gov).

2. Which assets you should list

List assets that meet these two tests:

• They were owned by the decedent at death (not owned by someone else or by the decedent jointly with rights that pass automatically); and
• They are part of the decedent’s probate or collectible estate (the asset can be collected by presenting the affidavit).

Typical assets to list (if they were owned solely by the decedent or otherwise payable to the estate) include:

• Bank accounts in the decedent’s sole name (list the account type, institution, last four digits, and balance as of date of death);
• Cash and household personal property (furniture, jewelry, electronics) — give reasonable values as of date of death;
• Vehicles titled solely in the decedent’s name (include year, make, VIN, and estimated value);
• Stocks, bonds, mutual funds registered solely to the decedent without an attached transfer-on-death (TOD) or beneficiary designation;
• Business interests that do not pass by contract or operation of law and are collectible by the estate;
• Payable-to-estate life insurance or retirement accounts where the estate is the named beneficiary;
• Small receivables or checks owed to the decedent at death.

3. Which assets you generally should NOT list as part of the small estate affidavit

Do not list (or do not claim as probate assets) property that already passes directly to someone else by law, contract, or title. Instead, note why each item is excluded if helpful:

• Jointly owned property held with rights of survivorship (JTWROS) — these pass automatically to the surviving joint owner;
• Accounts with named beneficiaries or transfer-on-death (TOD) / payable-on-death (POD) designations — the beneficiary controls collection;
• Life insurance and many retirement accounts that name a beneficiary other than the estate;
• Real property in many cases — many small-estate procedures are limited to personal property; if the decedent owned real estate solely and the statute or county rules allow it, it may need separate procedures or full probate. Check local rules before claiming real property;
• Assets that you do not intend to collect using the affidavit — if you will not claim them, either omit them or mark as ‘not claimed’ depending on the form instructions.

4. When to put a zero or leave a box blank

• Zero value: If an asset existed but had no monetary value at the date of death (for example, an old account with $0 balance, or an item damaged beyond value), enter “0” or “no value.” This shows you reviewed the asset and determined it had no value.
• Blank fields: Avoid leaving fields blank when the form asks for information — blank fields can raise suspicion or delay processing. If the form has a line for an asset you do not have, write “N/A” or “none.”
• Excluded assets: For assets that exist but are excluded because they pass outside probate (e.g., joint bank account with survivorship), either omit them from the “assets claimed” portion or list them in an “excluded” section or with a brief note (for example: “Joint account — passes to co-owner”). Showing excluded items with brief notes can prevent later claims that you missed something.
• If unsure: If you are uncertain whether an asset is part of the probate estate, list it with an explanatory note or consult the probate clerk or an attorney before filing the affidavit.

5. Practical steps to decide what to include

1. Gather documents: death certificate, bank statements, account titles, vehicle titles, beneficiary designations, deeds, recent mail and bills.
2. Check account titles and beneficiary designations: the title or beneficiary controls whether an asset is probate property.
3. Estimate values as of date of death: use balances on date of death or close approximations; keep documentation (statements, appraisals).
4. Classify each item: collectible probate asset, non-probate asset (passes outside probate), or unclear. For unclear items, research or get help.
5. Follow form instructions exactly: many county forms tell you which categories to include and how to show excluded assets.
6. Attach supporting documents when required: copies of account statements, title, beneficiary pages, and the death certificate are often needed by third parties.

6. Common pitfalls and how to avoid them

• Assuming joint title or beneficiary designations don’t matter — they do. Verify title language and beneficiary forms.
• Leaving values blank — fill in zero or “N/A” rather than leaving blanks.
• Claiming assets you don’t actually control — banks and other holders will verify and may refuse payment if title or beneficiary rules don’t support the claim.
• Trying to use a small estate affidavit for complex estates — if the estate includes significant debts, real property, or disputes among heirs, consider full probate and talk to an attorney.

7. If you’re still unsure — get local help

Check the local probate court or county clerk’s office for guidance and the correct local small estate affidavit form. Many clerks will answer basic procedural questions but cannot give legal advice. For legal questions (for example, whether real property may be included, whether an account is probate property, or whether the estate meets the statutory limit), consult a Tennessee probate attorney. Tennessee court and self-help resources: https://www.tncourts.gov/programs/self-help. For Tennessee statutes and to search the probate code, start at: https://www.capitol.tn.gov/.

Disclaimer

This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation in Tennessee, contact a licensed Tennessee attorney or your county probate office.