Tennessee allows grieving family, other heirs or successors, and creditors who have evidence of the decedent’s debts to file affidavits of heirship for personal property and vehicles, as well as a small estate affidavit for real estate. In Tennessee, a “small estate” may not exceed $50,000 in value, and affidavit filers must wait 45 days after the person has passed away in order to file the affidavits. If there is a will, or another person has taken the estate to probate court, then the affidavit will not be valid. The filer(s) must also determine an “affiant” or voluntary administrator to divide the estate, or the property will go to probate and be distributed by the court.
Affidavit of Heirship: Tennessee requires at least 45 days to pass after the individual passes away before successors, including creditors, may file the affidavit of heirship.
Affidavit of Inheritance, Vehicle: this affidavit allows successors to claim motor vehicles owned by a decedent, including cars, trucks, and RV campers.
Small Estate Affidavit: in Tennessee, a voluntary administrator must be appointed to catalog, protect, and distribute the real estate property of a deceased loved one. The estate may not value more than $50,000 to avoid probate court.
In Tennessee, a general affidavit of heirship does not include vehicle titles. However, this affidavit does include bank accounts, tangible property, and debts owed the decedent like final paychecks. Successors may wait 45 days before filing the affidavit of heirship in Tennessee, and must decide on a voluntary administrator, called…