1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingTennessee Office of Vital Records
Certified Tennessee death certificates are issued by the state Office of Vital Records (about $15 for a record search that includes one certified copy, and $15 for each additional copy ordered at the same time). They can be ordered online, by mail, or in person, and any county health department can issue death certificates that have been registered statewide. Franklin County families order through the state office or a county health department access point; the Chancery Court Clerk and Master does not issue death certificates. The specific Franklin County health department vital-records access point was not confirmed in this pass.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
A custodian of a will generally must deliver it to the personal representative or to the probate court after the testator's death; the will is offered for probate before the Franklin County Chancery Court (Clerk and Master). Tennessee does not set a single fixed numeric day count for the custodian's delivery duty in this template. Verify the custodian's obligations and timing with the court.
Creditor claim window
Creditors generally have 4 months from first publication of notice to creditors to bring claims against the estate. (Tenn. Code § 30-2-306)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Tennessee small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Tennessee's simplified path is the Small Estate Probate Act (Tenn. Code Ann. 30-4-101 et seq.) for estates of $50,000 or less in probate property. Real property generally vests directly in heirs or devisees at death and may transfer outside full administration; the small estate process does not by itself serve as muniment of title for real estate. Availability depends on the facts and should be verified locally.
- Qualifies:
- Smaller estates that meet the state limit
The executor (with a will) or administrator (without a will) is appointed by the Chancery Court, receives letters, publishes notice to creditors (Tenn. Code Ann. 30-2-306), files an inventory within 60 days of appointment unless waived, and files accountings unless waived. Real property generally vests in the heirs or devisees at death and is administered only if needed to pay debts. Verify bond, surety, original-will, and notice requirements with the court.
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Petition for Letters Testamentary or Letters of Administration
- Certified Death Certificate
- Original Will
- Oath of the Personal Representative
- Fiduciary Bond
- Order Admitting Will to Probate and Granting Letters
- Notice to Creditors
- Inventory of the Estate
Tennessee's Small Estate Probate Act (Tenn. Code Ann. 30-4-101 et seq.) allows administration of a small estate where the value of the probate property does not exceed $50,000. A petition for limited letters of administration (or limited letters testamentary) may generally be filed beginning 45 days after death if no personal representative has been appointed. The 2023 Small Estate Probate Act (2023 Pub. Acts ch. 297, eff. April 28, 2023) replaced the prior small estate affidavit process with this petition-based procedure; the $50,000 dollar threshold has been in place since 2014 (2014 Pub. Acts ch. 829) and was not changed in 2023.
- Qualifies:
- $50,000
Documents you'll need:
- Petition for Limited Letters of Administration (Small Estate Probate Act)
- Certified Death Certificate
- List of the decedent's probate property and known debts
- Sworn statement that the probate property does not exceed $50,000
Tennessee's Small Estate Probate Act (Tenn. Code Ann. 30-4-101 et seq.) allows administration of a small estate where the probate property does not exceed $50,000. A petition for limited letters of administration (or limited letters testamentary) may generally be filed beginning 45 days after death if no personal representative has been appointed and no petition is pending. The 2023 Small Estate Probate Act replaced the prior small estate affidavit with this petition-based procedure; the $50,000 threshold has been in place since 2014. Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $50,000
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Franklin County Chancery Court Clerk and Master can help you understand forms and filing requirements at no cost.
Visit Self-Help Center