The Tennessee small estate affidavit allows successors, including creditors with evidence of the decedent’s debts, to avoid probate court and collect the decedent’s real estate and distribute it among the heirs or creditors. The value of the real estate property, including homes and land, may not exceed $25,000, and successors must wait 45 days after the loved one’s passing to file the small estate affidavit. The successors must also appoint an affiant to administer the estate – this includes cataloguing the value of the property, protecting it, and distributing or selling it per the wishes of the decedent and/or the heirs. This small estate law is governed under statute Tenn. Code Ann. §§ 30-4-102 and following.
Shelby County – For residents/decedents of Shelby County, this form must be used.
How to Write
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – File the form with a copy of the death certificate to the proper clerk or courthouse.