Yes, a notary is required.
Sworn before a notary public or a deputy clerk.
In the official wording
"SWORN AND SUBSCRIBED BEFORE ME"
From Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF), checked November 2026.
What else the signing needs
- Value limit
- Personal property worth $50,000 or less at death; real estate isn't personal property and isn't counted.
"Total value of all personal property owned by the deceased at death must be $50,000 or less."
- Waiting period
- Forty-five days after the death.
"Forty-five (45) days must have passed since deceased's death."
- Where it goes
- Filed with the probate court clerk; in Davidson County, the Circuit Court Clerk's office.
- Official form
- Small Estate Petition for Limited Letters of Authority (no will). Davidson County's version; other counties publish their own. Open the official form
- Other simplified route
- Small estate limited letters of authority. A short court process that gives limited letters for an estate within the limit.
Next step
Sign by video with our New Jersey notary while you're in Tennessee, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10).
Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one.
Book an online notarization Request a mobile notary in Tennessee
In person, we look for a notary commissioned in Tennessee near you; you approve the price first.
If a local notary in Tennessee does it: A reasonable fee; no dollar maximum in the statute (T.C.A. 8-21-1201), under the state's fee rules (Tennessee notary fees).
Official sources
- Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF) (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is a notary required for a Tennessee small estate affidavit?
Yes, a notary is required. Sworn before a notary public or a deputy clerk.
What is the small estate limit in Tennessee?
Personal property worth $50,000 or less at death; real estate isn't personal property and isn't counted.
How long after a death can the Tennessee affidavit be used?
Forty-five days after the death.
Is the Tennessee affidavit filed with a court?
Filed with the probate court clerk; in Davidson County, the Circuit Court Clerk's office.
Can I sign the Tennessee affidavit with an online notary?
Our New Jersey notary can notarize it by video while you're in Tennessee. Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit.
What does a notary charge in Tennessee?
A reasonable fee; no dollar maximum in the statute (T.C.A. 8-21-1201), under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.
Keep going
A small estate affidavit in another state: South Carolina · Texas · every state