Tennessee Small Estate Affidavit

The Tennessee Small Estate Affidavit is a legal form that is fully compliant with the provisions found in the state’s Small Estates Act. It is designed to make it simpler for an heir/legatee/devisee/next of kin to the Decedent’s small estate (which, in accordance to state law, may total $50,0000 at maximum) to claim their property as their own. A creditor who is owed part of their estate may likewise make use of the Affidavit. The form must be filed with the clerk of the court at minimum forty-five (45) days after the death of the Decedent.

Laws & Required Conditions

Laws: §§ 30-4-101 to 30-4-105

Maximum Estate Value: $50,000

Required Conditions: State law dictates that it is mandatory for:

  • The filing of the Small Estate Affidavit to be held off until at least forty-five (45) days have elapsed since the event of the Decedent’s death,
  • There to be no personal representative that is currently engaged in nor is scheduled to become engaged in the estate proceeding,
  • The person perusing the estate (hereafter referred to as the “Affiant”) to be:
    • a) An adult legatee or devisee or personal representative who was named in the Decedent’s will, if one was left,
    • b) An heir or next of kin, if no will was left, or
    • c) Any creditor who can prove that the Decedent is indebted to them,
  • The Affidavit to be filed with the clerk of the court,
  • The Affidavit to set forth the facts outlined in § 30-4-103(1)(A) and § 30-4-103(1)(B),
  • The Decedent’s will, if any, to be filed alongside the Affidavit,
  • The Affiant to pay a processing fee to the clerk, and
  • The Affiant to make bond payable to the state, if they are required to do so according to § 30-4-103(5) and § 30-4-103(6).