How to Transfer Property After Death Without a Will in Tennessee

To transfer property after death without a will in Tennessee, start by separating assets that pass automatically to a co-owner or named beneficiary from assets that must go through the courts. What remains is distributed under Tennessee’s intestate succession statute, using an affidavit of heirship for real estate, the small estate process for personal property worth $50,000 or less, or full probate administration for anything larger. Family allowances and estate debts are paid before heirs receive their shares.

First, Identify What Passes Outside Probate

Before filing anything, figure out which assets are already spoken for. Several common asset types transfer to the surviving owner or a named beneficiary the moment the person dies, and they never enter the intestacy calculation.

Joint tenancy with right of survivorship. Property titled this way passes to the surviving co-owner by operation of law. The survivor presents a death certificate to the bank, title company, or county register. The deed or account paperwork must actually contain survivorship language, so check it before assuming.
Payable-on-death and transfer-on-death accounts. Bank accounts, brokerage accounts, and CDs with a POD or TOD designation go directly to the named person on presentation of a death certificate and ID. These override intestacy rules entirely.
Life insurance and retirement accounts. Proceeds go to the named beneficiary. They only fall into the estate if that beneficiary has died with no contingent named, or if the estate itself was designated.

Whatever falls into these categories is not part of the estate you’ll be administering, and its value should not be counted when deciding whether the estate qualifies as “small.”

Who Legally Inherits Under Tennessee Intestate Succession

Assets that don’t pass automatically are distributed under Tennessee Code 31-2-104. The surviving spouse’s share depends on whether the deceased had children:

Spouse and no children: the spouse inherits the entire estate.
Spouse and children: the spouse takes either one-third of the estate or a child’s share, whichever is greater. The children split the rest equally.

The “whichever is greater” rule changes the math as the number of children rises. One child means the spouse and child each take half. Two children means the spouse gets one-third and the children divide two-thirds. With four or more children, each child’s share would drop below one-third, so the spouse’s one-third floor governs.¹

If a child of the deceased has already died but left children of their own, those grandchildren step into their parent’s place and split that parent’s share. The statute calls this taking “by representation,” and it keeps the inheritance moving down the correct family branch.¹

When There Is No Spouse or Children

With no spouse and no descendants, the estate moves outward through the family tree:

Parents share equally, or one surviving parent takes all.
If no parent survives, siblings inherit equally, with a deceased sibling’s children taking that sibling’s share by representation.
If no siblings or their descendants survive, the estate splits in half between the paternal and maternal grandparents (or their descendants). If one entire side has no living relatives, the other side takes everything.¹

If no relatives can be located at any level, the property escheats to the state under Tennessee’s Uniform Disposition of Unclaimed Property Act.

Family Protections Paid Before Heirs

Tennessee gives a surviving spouse and minor children several protections that come off the top before general creditors are paid and before the intestacy shares are calculated.

The surviving spouse can claim up to $50,000 in household personal property, including furniture, appliances, and motor vehicles, as long as those items weren’t held mainly for business or investment. Exempt property is shielded from creditor claims. With no surviving spouse, unmarried minor children can claim the same property, but minors cannot claim vehicles.²

On top of that, the spouse is entitled to a reasonable cash year’s support allowance set by the court based on the spouse’s prior standard of living and the estate’s condition. There is no fixed dollar cap, and the court can let the spouse take personal property in place of some or all of the cash. If there is no surviving spouse, the allowance goes to unmarried minor children.³

The homestead exemption also continues after death when the deceased was head of household, protecting the surviving spouse and minor children for as long as they use the property as their principal residence. Tennessee’s homestead covers a single parcel of up to five acres with no dollar cap on value.

Transferring Real Estate With an Affidavit of Heirship

Real estate is not handled by the small estate process, which covers only personal property. For a house or land, families typically use an affidavit of heirship. Tennessee Code 30-2-712 lets this document be recorded at the county register of deeds, where it becomes part of the public land records and links the heirs to the property.⁴

The affidavit is sworn by someone with personal knowledge of the family. That person testifies under oath about the identity of the heirs and the absence of a will. Once notarized and recorded in the county where the property sits, the affidavit serves as prima facie evidence of those facts in court.⁴

Recording the affidavit is only half the job if the heirs want to sell. Title insurance companies generally will not issue a policy on inherited property until heirship is fully documented. In practice that means two disinterested witnesses (people who knew the deceased but do not stand to inherit) sign the affidavit confirming the family history, date and place of death, and the absence of outstanding debts. After recording, the heirs usually execute a deed transferring the property before the title company will allow a sale to proceed.

The Small Estate Process for Personal Property Under $50,000

If the personal property in the estate is worth $50,000 or less, Tennessee’s Small Estates Act allows a streamlined process. Real estate is excluded from that $50,000 calculation and must be handled separately.⁵

The petition, filed under oath in the probate court, must include an itemized list of all personal property with a value for each item, every known creditor and the amount owed, and the names and addresses of all heirs. A death certificate goes with it. False or misleading statements carry perjury penalties.⁶

You cannot file until at least 45 days after the date of death, and no other petition for a personal representative can have been filed during that window. The court ordinarily requires a bond equal to the value of the property being administered. Bond can be waived in three situations: you are the sole heir, you are the sole beneficiary, or all adult heirs consent in writing.⁶

Fees vary by county. Davidson County’s 2026 fee is $334.50, and Shelby County charges $341.50, so plan on roughly $300 to $350.⁷ Once the clerk approves the petition, you receive limited letters of administration and certified copies, which banks and other institutions use to release funds or transfer accounts. It is significantly faster and cheaper than full probate, but missing a creditor or undervaluing an asset can create liability later.

Full Probate Administration for Larger Estates

When personal property exceeds $50,000, or when real estate must be dealt with through the court rather than by affidavit alone, full probate administration is the path.

Someone petitions the probate court to be appointed administrator. Tennessee law gives preference to the surviving spouse, then next of kin, then a creditor who can prove the debt.⁸ The administrator takes an oath and posts a bond, usually equal to the estate’s value. Bond can be waived if all adult beneficiaries consent in writing and the court approves.

Within 60 days of appointment, the administrator files a complete inventory of estate assets with the court. The clerk publishes a notice to creditors in a local newspaper for two consecutive weeks. Creditors then have four months from the first publication date, or 12 months from the date of death (whichever is earlier), to file claims. Claims filed later are barred.⁸

A formal accounting is due within 15 months of appointment, with further accountings until the estate is settled. After paying valid debts in their statutory order, the administrator distributes what remains under Section 31-2-104. Straightforward estates commonly take 12 to 18 months; disputes or hard-to-value assets stretch that timeline.

Paying Debts Before Distributing Anything

Heirs do not receive assets free and clear. Estate debts are paid first, and when the estate cannot cover everything, Tennessee applies a strict priority:

First, administration costs, including bond premiums and reasonable compensation for the administrator and their attorney.
Second, reasonable funeral expenses.
Third, federal and state taxes, including TennCare recovery claims.
Fourth, all other debts filed within four months of the creditor notice.

No lower class is paid until every debt in the higher class is fully satisfied. Within a class, creditors share proportionally if funds run short.⁹

TennCare Release

If the deceased received TennCare benefits, the state may file a recovery claim against the estate. All probate estates must obtain a TennCare release before the estate can be closed. Claims of $10,000 or less are generally deemed not cost-effective to pursue, and the state issues an automatic release.¹⁰ For estates going through the small estate process, some counties do not require a TennCare release at all.¹¹

Tax Filings the Administrator Must Handle

Whoever handles the estate is responsible for several tax filings, and penalties for missing them come out of what the heirs would otherwise receive.

The final federal individual income tax return covers income from January 1 through the date of death and is due by the following April 15. A surviving spouse can file jointly for the year of death unless they remarry that year. With no surviving spouse or court-appointed representative, whoever manages the estate signs as “personal representative.”¹²

If the estate itself earns more than $600 in income after the date of death (interest, rent, dividends), the administrator must file a federal Form 1041 estate income tax return. Income before death goes on the final individual return; income after death goes on the estate return.

The federal estate tax exemption for 2026 is $15 million per person, after the One Big Beautiful Bill Act largely retained the doubled exemption that had been set to expire.¹³ Estates below that threshold owe no federal estate tax. Tennessee has no state estate tax or inheritance tax; that tax was repealed effective January 1, 2016.¹⁴

1
Justia. Tennessee Code 31-2-104 – Share of Surviving Spouse and Heirs
2
Hamilton County Clerk & Master. Elective Share of Spouse
3
Justia. Tennessee Code 30-2-102 – Year’s Support Allowance
4
Justia. Tennessee Code 30-2-712 – Affidavit of Heirship
5
FindLaw. Tennessee Code 30-4-102 – Definitions
6
Justia. Tennessee Code 30-4-103 – Administration of Small Estate
7
Circuit Court Clerk. Probate Court Filing Fees
8
Tennessee State Courts. Probate Guide
9
Justia. Tennessee Code 30-2-317 – Priority of Claims
10
Medicaid.gov. Tennessee State Plan Amendment 24-0002
11
Hamilton County Clerk & Master. Tennessee Small Estates Act
12
Internal Revenue Service. Filing a Final Federal Tax Return for Someone Who Has Died
13
Congress.gov. The Estate and Gift Tax: An Overview
14
Tennessee Department of Revenue. Inheritance Tax