Add a Date Field Legal Tennessee Small Estates Forms For Free

To file a small estate affidavit, you must first wait for 45 days after the decedent's death. You're welcome to fill out the paperwork and try to get it started before that but you'll find that no probate court clerk will accept a small estate affidavit until after 45 days have passed so it's better to just wait.

If requested, the executor must provide all relevant information to the beneficiaries. For example, if a beneficiary requests the executor provide a bank accounts statements since the decedent had at death, the executor has an obligation to provide those statements.

Typically, immediate family members who were living in the house before probate continue to do so. However, allowing new occupants to move in during probate usually requires the executor's permission because they have the authority to manage the property during probate.

For some it might last weeks or even years; for others, it never truly passes. Dealing with added stress during this time only risks worsening wellbeing when we are already vulnerable, including sorting out the estate and settling any inheritance costs.

It is perfectly acceptable to market a probate property to sell before probate is granted. By placing the property on the market and securing a buyer it may speed up the sale process and shorten the overall time it takes to complete the probate process.

Property held in joint tenancy: A home, bank account, or other asset held in joint tenancy by more than one person doesn't need to go through probate. When one owner dies, the survivor automatically owns the property. Learn more about avoiding probate with Joint Ownership.

While the small estate affidavit is meant to streamline the process of dealing with assets left by the deceased, it's not without its own processes and paperwork requirements. You'll need to adhere to the proper timeline, gather the right information, and file the affidavit with the right court.

In Tennessee, a “Small Estate” means the probate estate does not exceed fifty thousand dollars ($50,000). Further, “Property” means only personal property, or any interest in personal property. To qualify for a “Small Estate,” the Decedent's estate cannot include real property or any interest in real property.

Make sure you meet the eligibility criteria. The estate cannot include real property, and the deceased must have been a resident of Tennessee at the time of their death. Also, 45 days must have passed since the decedent's death before you can file the affidavit.