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If you want to avoid probate, or keep the probate issues to a minimum, there are some things you can do. Get a Living Trust. ... Joint Ownership. ... Payable-on-Death Designations for Bank Accounts. ... Transfer-on-Death Registration for Securities. ... Contact Judy A.
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.
Small estate laws were enacted in order to enable heirs to obtain property of the deceased without probate. You can use the simplified small estate process in Tennessee if the assets of the decedent's estate consist only of personal property, having a value not exceeding $50,000.
Any and all Matters of Probate under consideration in the state of Tennessee are public record and are available for review in the Office of the County Clerk in the County of filing.
?Estate? means the belongings of a person who has died. Under Tennessee law, there are simplified rules for handling a small estate. A ?small estate? is one in which the total value of the personal property of the estate is $50,000 or less. Many county probate courts have forms online to help you handle a small estate.
If an estate is valued at less than $25,000, there is no Will and the decedent was not married, in Tennessee, you can use the summary probate procedure. Note that the state does not have an Affidavit procedure for small estates.
Under Tennessee statute, where as estate is valued at less than $50,000, an interested party may, forty-five (45) days after the death of the decedent, file with the clerk of court a small estate affidavit, and proceed to use said affidavit to collect any debts owed to the decedent.
If the decedent passed away with no will, or had a will but it did not waive bond, the Court will require the person filing the small estate affidavit to be bonded. Tennessee law states that the amount of bond will be the total value of the property subject to the small estate affidavit.