Laws

• Days After Death – 45 days.^[1]
• Maximum Amount ($) – $50,000.^[2]
• Property – The decedent’s estate must contain only personal property and no real property.^[3]
• Bond – Unless exempt, the petitioner must post a bond and make it payable to the court clerk in an amount equal to the estate’s value.
• Exceptions – Bond is not required if the petitioner is a sole heir of the decedent’s will or, in the absence of a will, a sole heir by way of law. The written consent of all heirs may also waive the bond.^[4]
• Filing Fee(s) – The amount the clerk shall charge and receive differs from county to county and varies on the number of documents (will, death certificate, waiver of bond, etc.) affixed to the affidavit. The total usually falls anywhere between $100 to $150.^[5]
• Signing – The affiant must sign the document in the presence of a notary public or deputy clerk, who must also sign and append their seal.
• Statutes – Title 30, Chapter 4 (Small Estate Probate Act)

Sources

1. T. C. A. § 30-4-103(1)(A)
2. T. C. A. § 30-4-102(9)
3. T. C. A. § 30-4-102(8)
4. T. C. A. § 30-4-103(3)
5. T. C. A. § 30-4-103(4)