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    Tennessee guide

    What to do when someone dies in Tennessee

    Tennessee is one of the more family-friendly states for estate administration: no state income tax and no estate tax. Probate runs through Chancery or Circuit Court — which one depends on the county, and some have a dedicated Probate Division while others don't. The surviving spouse can elect 10% to 40% of the net estate, depending on the length of the marriage.

    Content updated: October 2026

    What's unique in Tennessee

    State-specific rules that affect how an estate is handled here.

    No income tax, no estate tax

    Tennessee has no income tax on wages (the Hall Tax was fully repealed in 2021) and no estate tax. This simplifies the financial side of settling an estate considerably.

    Spousal share rights

    A surviving spouse in Tennessee can elect a share of the net estate based on the length of the marriage: 10% under 3 years, 20% for 3 to 6 years, 30% for 6 to 9 years, and 40% for 9 years or more.

    Chancery or Circuit Court probate

    Tennessee probate runs through Chancery or Circuit Court depending on the county. A small estate affidavit is available for estates under $50,000.

    TCRS pension

    If the deceased was a Tennessee Consolidated Retirement System (TCRS) member — including teachers and state employees — survivor benefits need to be claimed separately.

    A glimpse at what Order covers in Tennessee

    These are just a few of the Tennessee-specific tasks Order surfaces automatically when you select your state.

    File for Tennessee probate in Chancery or Circuit CourtLegal & Estate

    Small estate affidavit for personal property under $50,000 — real property requires formal probate. Which court handles it (Chancery or Circuit) depends on the county, and some counties have a dedicated Probate Division.

    Review Tennessee spousal share rightsLegal & Estate

    Surviving spouse can elect 10% to 40% of the net estate, based on the length of the marriage, even if the will provides less.

    Claim Tennessee Consolidated Retirement System (TCRS) survivor benefitsFinancial Affairs

    TCRS covers state employees, teachers, and most local government workers — all under one system. Contact TCRS directly to determine whether a survivor benefit applies based on the member's retirement election.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for Tennessee

    Tennessee Courts (probate)File probate in the correct county court and obtain letters testamentaryTennessee Dept. of RevenueFile the final state income tax return for the year of deathTennessee Dept. of Safety (vehicle titles)Transfer vehicle titles to heirs using estate documentationTennessee Consolidated Retirement System (TCRS)Notify the pension and apply for any survivor benefit for state employeesTennessee Dept. of Veterans ServicesApply for the full property tax exemption for surviving spouses of disabled veterans and burial eligibility at Tennessee's state veterans cemeteries in Old Hickory, Knoxville, and Memphis

    What families commonly miss in Tennessee

    • Tennessee families who file probate in the wrong court — which depends on the county, and some counties have a dedicated Probate Court division while others do not — face rejected filings and have to start the process over.
    • Families handling estates where investment income went unreported in prior years sometimes discover that the former Hall Income Tax created outstanding obligations — it's worth confirming that any open tax periods before the 2021 repeal are fully resolved before closing the estate.
    • Many Tennessee families assume the small estate process covers everything — but real property of any value triggers formal probate, and which court handles it varies by county in ways that can take families by surprise.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Tennessee.

    Military families in Tennessee

    Tennessee has additional veteran & survivor benefits

    • Apply for Tennessee property tax relief (surviving spouse of disabled veteran)
    • Contact Tennessee State Veterans Cemetery for burial

    Tennessee-specific

    Start these Tennessee-specific tasks in Order

    These tasks appear automatically in your checklist when you select Tennessee as your state.

    File for Tennessee probate in Chancery or Probate CourtLegal & Estate

    File in chancery or probate court.

    Review Tennessee spousal share rightsLegal & Estate

    Surviving spouse may elect 10% to 40% of the net estate depending on length of marriage

    Transfer vehicle at Tennessee DORLegal & Estate

    Submit title transfer to Department of Revenue

    Plus dozens more tasks added automatically for Tennessee families.

    Order walks your family through every step, for Tennessee and beyond.

    One-time purchase. Lifetime access. Unlimited family members. Everything your family needs, organized in one place.

    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

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