Tennessee Small Estate Affidavit: Limit, Wait, Notary

Short answer. Up to $50,000; 45 days after the death; notarized; through a court office.

At a glance

Limit: Personal property worth $50,000 or less at death; real estate isn't personal property and isn't counted.
Wait after death: Forty-five days after the death.
Notary: Sworn before a notary public or a deputy clerk.
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 it
Simplified procedure: Small estate limited letters of authority. A short court process that gives limited letters for an estate within the limit.

In the official wording

Limit

"Total value of all personal property owned by the deceased at death must be $50,000 or less."

Wait

"Forty-five (45) days must have passed since deceased's death."

Notary

"SWORN AND SUBSCRIBED BEFORE ME"

Three example estates

For a death on November 7, 2025, the stated limit gives:

$12,500: under the stated limit. See why
$45,000: under the stated limit. See why
$75,000: over the stated limit. See why

Your own numbers: open the checker for this state.

Where an affidavit has to be notarized or sworn: MCC Solutions notarizes in New Jersey, with a mobile notary who comes to you and remote online notarization. Elsewhere, a local notary can help.

Official sources

Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF) (checked November 2026)

General information, not legal advice; we are not lawyers. Each holder may still ask for its own form, and a lawyer can confirm whether the estate qualifies.

Common questions

What is the small estate limit in Tennessee?

Up to $50,000. 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?

45 days. Forty-five days after the death.

Does a Tennessee small estate affidavit need a notary?

Yes. Sworn before a notary public or a deputy clerk.

Is it filed with a court in Tennessee?

Yes. Filed with the probate court clerk; in Davidson County, the Circuit Court Clerk's office.

Can real estate pass this way in Tennessee?

Not by this affidavit. Small estate limited letters of authority: A short court process that gives limited letters for an estate within the limit.

Is there an official Tennessee form?

Small Estate Petition for Limited Letters of Authority (no will). Davidson County's version; other counties publish their own.

All states: small estate affidavit by state · North Dakota · Wyoming · Small estate affidavit: signing and notary checks

Small Estate Affidavit Organizer

A start-here guide, an eligibility and documents checklist for every state with its official links, an asset holder letter log (each bank, motor vehicle office or employer may want its own form), a distribution record, and an Excel inventory that totals countable assets against this state's limit and flags excluded ones, as Word files and PDFs. It isn't an affidavit form; it points to the official forms.

Tennessee small estate affidavit