Claiborne County Clerk & Master Guide

Full administration (letters testamentary or letters of administration)

Option

The executor (with a will) or administrator (without a will) is appointed by the probate court, receives letters, gives notice to creditors, files an inventory unless waived, and files accountings unless waived. Real property generally vests in the heirs or devisees at death and is administered only if needed to pay debts. Verify bond, surety, original-will, and notice requirements with the court.

✓ No attorney required

8 documents needed

Collection By Affidavit

Option

Tennessee's Small Estate Probate Act (Tenn. Code Ann. 30-4-101 et seq.) allows administration of a small estate where the value of the probate property does not exceed $50,000. A petition for limited letters of administration (or limited letters testamentary) may generally be filed beginning 45 days after death if no personal representative has been appointed. The 2023 Small Estate Probate Act (2023 Pub. Acts ch. 297, eff. April 28, 2023) replaced the prior small estate affidavit process with this petition-based procedure; the $50,000 dollar threshold has been in place since 2014 (2014 Pub. Acts ch. 829) and was not changed in 2023.

$50,000

4 documents needed

Small estate - petition for limited letters of administration

Option

Tennessee's Small Estate Probate Act allows administration of a small estate where the probate property does not exceed $50,000. A petition for limited letters of administration (or limited letters testamentary) may generally be filed beginning 45 days after death if no personal representative has been appointed and no petition for appointment is pending. The 2023 Small Estate Probate Act (eff. April 28, 2023) replaced the prior small estate affidavit with this petition-based procedure; the $50,000 threshold has been in place since 2014. Verify eligibility for the specific assets and institutions involved.

$50,000