Tennessee Small Estate Affidavit Form

The Tennessee Small Estate Affidavit (SEA) certificate is used if the deceased person’s estate does not exceed $50,000. This cost does not include the valuation of real estate. The statement can only be submitted 45 days after the decedent’s death, and it is accepted only in the territory where the departed lived at the time of their death. That is a comfortable way to look after the deceased’s estate when you do not want to go through the lengthy inheritance litigation process.

To correctly and effectively build the Tennessee Small Estate Affidavit, you will need a complete description of all the assets and their location. It is likewise crucial to register the full number of unpaid debts that the individual had at the time of death. It is essential, attached to this form, to render consent for the service without bail, which is submitted to the local district court of heritage.

The main purpose of the small estate affidavit is to notify the court that the estate in issue matches the requirements of a small estate, so a simple probate process should prevail.

Tennessee small estate affidavit official form

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Tennessee Laws and Requirements

The law of the state of Tennessee is responsible for the correct execution and the conditions of implementation. To be specific, Tennessee Code, Title 30 (Administration of Estates), Chapter 4 (Small Estates), Section 30-4-102 (Chapter Definitions) describes all the requirements and details.

Here are the exact excerpts from this law:

  1. “Affiliate” means the person executing the affidavit provided for in §30-4-103;
  2. “Court” means a court that exercises inheritance jurisdiction in the district where the deceased had a legal residence at the date of death;
  3. “Person” means an individual, partnership, firm, business trust, corporation, or other legal entity and includes both the singular and the plural, as well as masculine and feminine, as the case may be;
  4. “Property” means personal property or any share in personal property, other than personal property jointly owned with inheritance rights, owned by the deceased at the date of death. It includes the deceased person’s life insurance subject to inheritance, but excluding the life insurance of the deceased, paid to beneficiaries, other than inheritance; as well as
  5. “Minor Estate” means the estate of the deceased testator whose value does not exceed $25,000.

It is essential to consider that on the official website of the state of Tennessee, the aforementioned objects are officially correct, while these may be a little outdated.

Tennessee Small Estate Affidavit Laws Details

Max. Estate $50,000
Min. Time to Wait After Death 45 days
Filing Fee Varies by county
State Laws Tennessee Code Annotated, Sections 30-4-102 and 30-4-103
seal of tennessee state
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Filling Out the Tennessee Small Affidavit Form

Here is an easy step-by-step guide on how to build the Tennessee Small Estate Affidavit form precisely. Use our form-building software to ensure successful results:

Name the Decedent

Write down the full legal name of the individual who passed away.
Decedent name indication part of a Tennessee small estate affidavit form

Insert Your Name

Provide your full name as stated in the identity documents.
Name indication section of a Tennessee form of small estate affidavit

Report the Relevant Information

Register comprehensive information about the deceased person. Include their age, the county of residence at death, full address at the moment of death, and whether they left any Will. If there is one, attach it to the SEA form.
Relevant info specification part of a template of small estate affidavit for Tennessee

Point to the Unpaid Debts

Insert the creditor’s legal name, location, and the total sum that the defunct borrowed.
Unpaid depts indication part of a Tennessee sea document

Describe the Property

Make sure you report all of the fundamental data about the property. Don’t forget to mention its location and subsequent addresses, the decedent’s account number, and the cost of the capital, as well as the private belongings.
Property description part of Tennesse small estate affidavit document

List the Relatives

Name all of the defunct descendants and (or) other relatives. Describe how they are related to the decedent, their age, addresses, and contacts, if applicable.
Relatives listing part of a small estate affidavit form for Tennessee

Sign the Application

Insert your full valid address, date the form, and sign it in the presence of a notary.
Signing part of application of small estate affidavit for Tennessee

Submit the Document to the Court

Send or take the SEA paper to the district inheritance court in whose jurisdiction the departed lived. Furthermore, do not forget about Consent to Serve without collateral.

Published: Aug 8, 2022