Updated September 4, 2026. Quick answer: in Tennessee, an estate can use petition for limited letters of administration/testamentary (renamed from “small estate affidavit” by 2023 Pub. Ch. 297) when the qualifying value is $50,000 or less. Real property does NOT pass that way: a house in Tennessee in sole name forces a probate whatever the estate is worth.
What this guide covers
Whether probate is required in Tennessee turns on two questions: does the estate qualify for a small-estate shortcut, and does that shortcut reach whatever real property is involved. This page answers both for Tennessee, with the statute cited, and then covers what full probate costs if the shortcut does not apply.
The affidavit route, and its limit
Tennessee’s route: petition for limited letters of administration/testamentary (renamed from “small estate affidavit” by 2023 Pub. Ch. 297), under Tenn. Code Ann. § 30-4-102 (definitions), § 30-4-103 (procedure), as amended by 2023 Pub. Ch. 297 (eff. Apr. 28, 2023).
“Small estate” means the probate estate of a decedent in which the value of the probate property does not exceed fifty thousand dollars ($50,000).
“Small estate” means the probate estate of a decedent in which the value of the probate property does not exceed fifty thousand dollars ($50,000).
Source: Tenn. Code Ann. § 30-4-102 (definitions), § 30-4-103 (procedure), as amended by 2023 Pub. Ch. 297 (eff. Apr. 28, 2023)
If a trust fits your situation in Tennessee
In Tennessee a house in sole name does not pass by the small-estate route, so an estate that includes one is heading for probate whatever the number is; a funded revocable living trust is the instrument that avoids it, and LawDepot builds a state-specific one.
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The real-estate problem
What the text says: the route does NOT reach real property.
“Property” means only personal property, or any interest in personal property, owned by the decedent on the date of death that would be subject to probate, other than personal property held as tenants by the entirety or jointly with right of survivorship, or personal property payable to a beneficiary other than the decedent’s estate
Source: Tenn. Code Ann. § 30-4-102 (definitions), § 30-4-103 (procedure), as amended by 2023 Pub. Ch. 297 (eff. Apr. 28, 2023)
What probate costs in Tennessee if it is required
Tennessee’s probate fees and attorney-compensation rules are their own topic, worked through in full on Tennessee probate cost.
The order to work through it
List what Tennessee residents typically own and how each item is titled. Remove everything with a living named beneficiary, a surviving joint owner, or a trust already holding it. If what remains is $50,000 or less, petition for limited letters of administration/testamentary (renamed from “small estate affidavit” by 2023 Pub. Ch. 297) is the route to look at. If real property remains in sole name, plan on an administration for the real property regardless.
The general rule: when probate is required. Thresholds elsewhere: small estate limits by state.
Statutory text read at Tennessee’s own legislature or official code publisher. General information, not legal advice; fee statutes and thresholds change and a court retains the final say on what qualifies.
General information drawn from state statutes and official court materials, not legal advice. Whether probate is required is STATE law and differs in every state; thresholds, what the small-estate route reaches, and probate costs all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.