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Small estates in Tennessee: limited letters

When someone dies with a bank account, a truck and not much else, a full probate can feel like overkill. Tennessee has a shorter process for small estates. It changed in 2023, and a lot of what is written about it online still describes the old version.

Short answer

If the person left $50,000 or less in personal property that would otherwise go through probate, Tennessee lets the heirs ask the court for limited letters, usually at least 45 days after the death. Limited letters let one person collect and protect the assets for up to a year. They never cover real estate, and no notice to creditors is published.

Licensed Tennessee auctioneerUpdated November 2026

What counts as a small estate

A Tennessee small estate is personal property worth $50,000 or less in total that would otherwise have to go through probate.[1]

  • Counts: bank accounts in the person's name alone, vehicles, household goods, collections and other personal property that has no named beneficiary.
  • Does not count: property that passes by survivorship or tenancy by the entirety, and anything payable to a named beneficiary, such as an account with a payable-on-death designation.[1]
  • Never included: real estate. The small estate process is for personal property only.[2]

How the process works

When you can file
At least 45 days after the death, as long as no other estate has been opened. The court can waive the waiting period for good cause.[2]
Who files
The adult heirs file a sworn petition. If there is a will that changes who inherits, it is handled through the will instead, for example by admitting it as a muniment of title.[2][6]
What the petition lists
Each asset and its value, and each creditor and the amount owed.[2]
Bond
A bond equal to the value of the property is required, unless the petitioners are the only heirs or beneficiaries, or all of the adult heirs and beneficiaries consent in writing. A bond waiver in a will does not control.[2]
Creditors
No notice to creditors is published in a small estate.[2]
How long it lasts
The limited letters stay open until the one-year anniversary, and then the court automatically discharges the person who held them.[2]

What limited letters let you do, and what they do not

Limited letters let the person named collect and preserve the estate's assets, remove the person's property from leased premises such as an apartment, and cancel insurance.[2]

Limited letters give no authority over real estate, and the statute does not spell out a power to sell. If the estate includes things worth auctioning, ask the court or an estate attorney how a sale should be handled before relying on limited letters alone.

If the person owned a house, see do you need probate to sell a house in Tennessee.

Vehicles have their own shortcut

Many small estates are mostly a vehicle. Tennessee's Department of Revenue has a separate route that does not need limited letters:

  • No will and no surviving spouse: all of the heirs sign an Affidavit of Inheritance, swearing that the person left no estate that needed administration and that no letters were issued, and sign the vehicle over to one person. It is filed with the county clerk.[4]
  • A surviving spouse: the spouse can have the title and registration changed into their own name.[5]

County details vary

Small estates are filed in the court that handles probate in the county where the person lived, and each court has its own forms and fees. In Davidson County, for example, probate is handled by the Seventh Circuit Court through the Circuit Court Clerk, whose small estate petition form calls for a certified death certificate and the heirs' consents to waive bond.[3] Check your county clerk's current forms and fees before filing.

When there is something worth selling

Small estates still hold things buyers want: a truck, a trailer, a gun collection, coins. If the family decides to sell, FALCO routes each item to the licensed Tennessee auction firm whose buyers want it.

No cost to you. The buyer pays a 10% premium on top of the winning bid, and FALCO is paid from that premium.

Questions

Common questions

What is the small estate limit in Tennessee?

$50,000. A Tennessee small estate is personal property worth $50,000 or less in total that would otherwise go through probate. Property that passes by survivorship or tenancy by the entirety, and anything payable to a named beneficiary, does not count toward the limit.

Is there still a small estate affidavit in Tennessee?

Tennessee's small estate process now works through limited letters issued by the court. Heirs file a sworn petition listing each asset and its value and each creditor and the amount owed, and the court issues limited letters to the person who will handle the estate.

How long do you have to wait to file a small estate in Tennessee?

At least 45 days after the death, with no other estate opened. The court can waive the waiting period for good cause.

Can limited letters be used to sell a house?

No. A Tennessee small estate covers personal property only, and limited letters give no authority over real estate. The house passes to the heirs or the people named in the will and is handled separately.

How do you transfer a car from a small estate in Tennessee?

Tennessee has a separate route for vehicles. When there is no will and no surviving spouse, all of the heirs can sign the Department of Revenue's Affidavit of Inheritance and transfer the title without opening an estate. A surviving spouse can have the title changed into their name.

What does it cost to sell estate items through FALCO?

No cost to you. The buyer pays a 10% premium on top of the winning bid, and FALCO is paid from that premium. Licensed Tennessee auction firms run every sale.

Sources

  1. [1]Tenn. Code Ann. § 30-4-102 (small estate definitions; $50,000 limit)
  2. [2]Tenn. Code Ann. § 30-4-103 (small estate procedure; limited letters)
  3. [3]Davidson County Circuit Court Clerk, Small Estate Petition (without a will)
  4. [4]Tennessee Department of Revenue, Affidavit of Inheritance (RV-F1310501)
  5. [5]Tennessee Department of Revenue, GI-3: Changing Title and Registration to a Surviving Spouse
  6. [6]Tenn. Code Ann. § 32-2-111 (will admitted as a muniment of title)

Fees and forms differ by county and change over time. Confirm with the clerk of the court that handles probate in your county.

Keep reading

Selling estate and probate propertyDo you need probate to sell?Estate firearms and collectionsTell us about the estate

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This page is general information about Tennessee and federal law, not legal, tax, or financial advice, and not a promise about any outcome. Laws change and every situation is different. For advice about your circumstances, consult a licensed Tennessee attorney, CPA, or other licensed professional. FALCO is not a law firm, a government agency, or a court, and is not affiliated with any of them. FALCO does not buy, list, broker, or sell anything itself. Licensed Tennessee auction firms, and licensed real estate firms where real estate is involved, run every sale.