How does probate work in Tennessee?

1. Governing Code. Tennessee Code Annotated Title 30 (Administration of Estates) and Title 31 (Descent and Distribution). Tennessee has not adopted the UPC.

2. Court. Probate Court in counties that have one (Davidson, Knox, Shelby); Chancery Court in most other counties (T.C.A. § 16-16-201).

3. Petition to Open. Petition for Probate filed by the named executor or interested person in the county of the decedent's residence under T.C.A. § 30-1-117.

4. Letters Testamentary / Letters of Administration. Issued under T.C.A. § 30-1-117 after qualification, oath, and bond unless waived in the will.

5. Notice to Creditors. Publication once a week for 2 consecutive weeks in a newspaper of general circulation under T.C.A. § 30-2-306. Direct notice to known creditors. Creditor claim deadline is 4 months from first publication, or 60 days from direct notice (T.C.A. § 30-2-307).

6. Inventory. Filed within 60 days of appointment under T.C.A. § 30-2-301, unless waived in the will or by all residuary beneficiaries.

7. Informal Administration. Tennessee has no separate "independent" administration, but routine administration proceeds with limited court involvement once Letters issue. Most wills waive bond, inventory, and accountings.

8. Small-Estate Procedure. Small Estate Affidavit under T.C.A. § 30-4-102 for personal property (no real estate) up to $50,000, available 45 days after death.

9. Closing. Final Settlement filed under T.C.A. § 30-2-601 (or sworn statement of waiver), followed by an Order of Discharge.

10. Probate Avoidance. Tennessee Transfer on Death Deed under T.C.A. § 66-26-101 et seq. (effective 2024), revocable living trust, joint tenancy with right of survivorship (must use statutory survivorship language), tenancy by the entirety for married couples, POD/TOD accounts, beneficiary designations.

This is legal information, not legal advice.