What Is the Probate Process in Tennessee? A Complete Guide

When you lose someone you love, you may have questions about what happens with their property and who is responsible for administering their estate. In many cases, the deceased’s assets are expected to go through the probate process in Tennessee before they can be distributed to the deceased’s heirs or beneficiaries.

Knowing how probate works can help you understand what to expect and avoid unnecessary delays and confusion.

What Is the Probate Process in Tennessee?

When someone dies, their assets can’t always be transferred to their heirs or beneficiaries immediately. Tennessee law provides a legal process for handling property, resolving the decedent’s financial obligations, and transferring ownership to the appropriate parties.

Definition of probate.

Probate is the legal process of managing the estate of a deceased person under Tennessee law.

It allows the personal representative to:

• Manage the decedent’s estate.
• Pay outstanding debts, estate expenses, and taxes.
• Distribute the remaining assets to heirs or beneficiaries.

In Tennessee, the probate proceedings typically involve:

• Proving the validity of a will.
• Appointing the estate’s personal representative (executor or administrator).
• Identifying probate and non-probate assets.
• Paying valid debts, estate expenses, and taxes.
• Distributing any remaining property to the decedent’s heirs or beneficiaries

When probate begins?

The probate process typically begins when the decedent’s family member or any interested party files the appropriate documents with the probate court in the county where the deceased person lived.

When the decedent left a will (died testate), the original document is generally submitted to the court, along with a petition asking the probate court to admit it to probate and to appoint the executor named in the will.

If the deceased died intestate (without a last testament), a family member or other qualified person may petition the court to appoint an administrator to manage the estate.

Once the probate court appoints the personal representative and issues the necessary documents (Letters of Administration or Letters Testamentary), the probate process may move forward.

Is Probate required in Tennessee?

In our office, we often hear the question, “Do all estates have to go through probate in Tennessee?”

The answer is: it depends. Whether probate is required depends largely on the type of assets involved, how they were owned, and whether they may be transferred automatically after death.

When probate is required, the deceased person’s estate usually includes assets titled solely in their name. Common examples may include, but are not limited to, real estate, vehicles, and bank accounts without a beneficiary designation.

Probate may not be necessary when all the decedent’s assets are automatically transferred to a surviving owner or a designated beneficiary, or are held in a trust.

In certain situations, Tennessee law also provides simplified procedures for smaller estates that meet statutory requirements.

Probate assets vs. non-probate assets.

Under Tennessee law, probate assets are, in most cases, owned solely by the decedent and don’t automatically transfer upon death. They become part of the late person’s estate and are administered through the probate process.

Non-probate assets pass automatically to a designated beneficiary after death. Often, they don’t become part of the decedent’s estate and don’t need to be administered by the estate’s personal representative.

The following table illustrates the difference between probate and non-probate assets:

Probate assets	Non-probate assets
Real estate owned solely by the decedent.	Real estate owned in joint tenancy with right of survivorship (JTWROS) or as tenants by the entirety (for married couples).
Bank accounts with no beneficiary designation.	Payable-on-Death (POD) bank accounts.
Brokerage and investment accounts with no beneficiary designation.	Transfer-on-Death (TOD) brokerage or investment accounts.
Personal property such as jewelry, furniture, and collectibles.	Retirement accounts with a named beneficiary.
Business interests owned solely by the deceased.	Assets and properties held in a trust.
Vehicles titled solely in the decedent’s name.	Annuities with a named beneficiary.
Any other asset owned solely by the decedent that does not transfer automatically at death.	Any other asset with a valid beneficiary designation.

This is a list of the most common examples of probate and non-probate assets, and it’s not exhaustive. If you have been appointed as an estate administrator or are a deceased person’s heir and are not sure which of their assets are part of the estate, speaking with an experienced probate attorney may help you understand your next steps.  

How much does an estate have to be worth to go to probate in Tennessee?

Tennessee doesn’t have a minimum estate value that automatically determines whether probate is required. Instead, the types of assets owned by the deceased and whether they are probate or non-probate assets influence this decision.

For some smaller estates, Tennessee law offers a simplified alternative to formal probate. In general, if the probate estate is valued at $50,000 or less, excluding exempt property, it may qualify to be administered through a Small Estate Affidavit. This procedure generally can’t be used until at least 45 days after the decedent’s death.

Estates that are worth $50,000 or more often require formal probate when they include probate assets. At the same time, they may skip probate if it includes just non-probate assets.

How to Probate a Will in Tennessee? Valid Will Requirements

Before the estate can be administered under the will, the probate court must determine the will’s legal validity under Tennessee law (Tennessee Code § 32-1-104).

Below are some of the basic Tennessee will requirements:

• The deceased is at least 18 years old and of “sound mind” (meaning they understand what they own and who they are giving it to).
• The deceased signs the will or asks someone else to sign it for them while the deceased is present and directing the other person to do so.
• At least two witnesses sign the will, and they also sign the document in front of the deceased and each other.
• Under Tennessee law, the witnesses are expected to be independent or disinterested. This means they should not receive any property or gifts under the will.

If a will satisfies Tennessee’s legal requirements, the probate court may admit it to probate and allow the estate to be administered in accordance with its terms.

What Are the Key Steps in the Tennessee Probate Process?

Although every estate is different, the Tennessee probate process generally follows the same basic steps:

File the petition.

The probate process begins when the decedent’s family members file the appropriate petition with the probate court in the county where the decedent lived.

If the deceased left a will, the original document is filed with the petition seeking admission to probate.

If there is no will, the petition asks the court to appoint an administrator to handle the estate.

Receive Tennessee Letters of Testamentary.

After reviewing the petition, the probate court appoints the personal representative.

When the deceased died testate, the court generally issues Letters Testamentary to the executor. If they died intestate, the court issues Letters of Administration to the administrator.

These court documents give the personal representative legal authority to act on behalf of the estate throughout the probate process.

Notify heirs, beneficiaries, and creditors.

Once appointed, the estate executor or administrator is expected to notify the named beneficiaries in the will or the legal heirs. The personal representative is also required to publish a “Notice to Creditors” in a local newspaper to notify creditors that the estate is open.

Creditors usually have 4 months from the date of publication of the first notice to file a claim against the estate.

Inventory estate assets.

As a first step, the executor/administrator typically needs to identify and gather all the deceased’s assets, appraise property if necessary, and safeguard the estate’s funds.

They are also expected to file this written inventory with the court within 60 days.

Pay debts, expenses, and estate taxes.

Before distributing any property and any money to the deceased’s heirs or beneficiaries, the estate’s personal representative is required to pay all outstanding debts of the decedent, including funeral expenses and taxes.

Distribute estate assets.

After paying all debts and expenses, the estate administrator or executor may distribute the remaining property to the beneficiaries named in the decedent’s last testament or to the lawful heirs.

Close the estate.

The last step is to submit the final accounting to the court, detailing all the transactions made during the probate. Once the probate court approves it, it also closes the estate and discharges the personal representative.  

Can you probate a will without a lawyer?

Typically, hiring a lawyer to probate a will is not mandatory in Tennessee. Some straightforward estates can be administered without legal representation.

However, legal guidance may be helpful when the estate is more complex and includes real estate, business interests, creditor disputes, tax issues, multiple beneficiaries or heirs, or a contested will.

Who Manages the Probate Process in Tennessee?

Depending on whether the deceased person left a valid will, the probate process is managed by the estate executor or administrator.

Although the titles differ, both serve the same general purpose: settling the estate in accordance with Tennessee law.

Duties of a Personal Representative.

Estate executors and administrators owe fiduciary duties to the estate and its beneficiaries or heirs.

• Duty of loyalty: Always act in the best interests of the estate and avoid conflicts of interest.
• Duty of impartiality: Treat beneficiaries and heirs fairly and avoid favoring one person over another unless required by the will or Tennessee law.
• Duty of prudence: Manage and protect estate assets with reasonable care.
• Duty to preserve estate assets: Safeguard estate property and prevent unnecessary loss or waste.
• Duty to keep accurate records: Maintain complete records of estate income, expenses, distributions, and other transactions.
• Duty to follow the law and the terms of the will: Administer the estate in accordance with Tennessee law and, when applicable, the instructions contained in the decedent’s will

What Happens If Someone Dies Without a Will in Tennessee?

Tennessee’s intestate succession laws determine who inherits the probate estate.

• If there is a surviving spouse but no children, the surviving spouse inherits the estate entirely.
• If there is a surviving spouse and children, the spouse receives either one-third of the probate estate or a child’s share, whichever is greater.
• If no surviving spouse, the deceased person’s children inherit in equal shares. If a child dies before the decedent, that child’s descendants many times inherit the share the child would have received.
• If there is no surviving spouse or children, the estate usually passes to the decedent’s parents. If neither parent survives, it passes to siblings and their descendants, then to grandparents and more distant relatives, as provided by Tennessee law.
• If there are no legal heirs, the probate estate passes to the State of Tennessee through a process known as escheat

What Happens If a Probate Dispute Arises?

Probate disputes can arise over many issues, including the validity of a will, the distribution of estate assets, creditor claims, or the actions of the personal representative. Many of them can be resolved through negotiation or mediation, or, if this is not possible, by the probate court.

Resolving disputes as early as possible can help avoid unnecessary delays, reduce costs, and preserve family relationships whenever possible.

Can You Avoid Probate in Tennessee?

In some cases, yes. However, skipping the probate usually depends on how assets are titled and transferred.

Because every estate is different, an estate planning attorney can help determine which strategies are appropriate for you under Tennessee law

How Long Does It Take to Probate a Will in Tennessee?

The length of probate depends on various criteria, including the size and complexity of the estate. While some estates are completed within several months, others may take longer, particularly if disputes or other complications arise.

How long do you have to file probate after death in Tennessee?

While the state of Tennessee has no statute of limitations for opening probate, once the probate process is opened, deadlines may apply for filing inventories, paying creditors, and completing administration.

The following timeframes commonly apply during the Tennessee probate process, even if they may vary by case complexity and county:

• Under Tennessee law, anyone having a will is expected to file it with the probate court within 30 days of death.
• Simple estates often take 4-8 months once probate opens.
• Small estates under $50,000 may qualify for a Small Estate Affidavit, which can generally be filed at least 45 days after the decedent’s death

Why is probate taking so long?

Several factors can extend the probate process, including:

• Will contests or other probate disputes.
• Difficulty locating or valuing estate assets.
• Creditor claims.
• Tax issues.
• Real estate that must be sold before distribution.
• Delays in gathering required documents or court filings

How can you avoid delays in probate?

Although some delays are unavoidable, others can often be minimized. 

Filing the probate petition promptly, locating important financial records and the original will, maintaining organized estate records, and responding to court requests in a timely manner can help keep the administration process moving.

How Much Does It Cost to Probate a Will in Tennessee?

The cost of probate in Tennessee depends on the size and complexity of the estate, the county where probate is filed, and whether any disputes arise during the process.

Common probate costs may include:

• Court filing fees.
• Attorney’s fees, if legal representation is used.
• Personal representative compensation, when permitted.
• Appraisal, accounting, or other professional fees.
• Publication costs for the notice to creditors.
• Recording, certified copy, and other administrative fees.

Because probate costs vary from one estate to another, a Tennessee probate attorney can often provide a more accurate estimate after reviewing the estate’s assets and circumstances.

What Rights Do Beneficiaries Have During Probate?

Beneficiaries generally have the right to receive notice of the probate proceeding, obtain information about the estate, and receive their inheritance after valid debts, taxes, and expenses have been paid.

They may also object to certain actions if they believe the estate is not being properly administered.

What Happens If the Deceased Owned Property in Another State?

When the deceased owned real estate in another state, a separate probate proceeding, known as ancillary probate, may be required there.

This is in addition to the primary probate proceeding opened in Tennessee and may increase the time and cost of estate administration.

Your Next Step

The probate process in Tennessee can be confusing and time-consuming. Regardless of your stage, we highly recommend speaking with a probate attorney who understands the process. This helps ensure everything goes smoothly while avoiding legal issues. If you need legal support, contact our office at (629) 240-7760 or schedule a consultation with a member of our team.