Tennessee executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

General steps in plain words. Tick them off as you go; the ticks stay on this screen only.

1. Get several certified copies of the death certificateThe funeral home can usually order them, or the vital records office can. Each bank, insurer and pension plan may ask for its own.
2. Make sure Social Security knowsFuneral homes generally report the death. If not, call 1-800-772-1213 (TTY 1-800-325-0778). A surviving spouse, or some children if there's no spouse, may get a one-time $255 payment.
3. Locate the signed will and any changesThe signed original matters more than a copy. Keep it whole and somewhere safe, and note who else has a copy.
4. Check the will for a self-proving affidavitLook for a notarized statement by the witnesses attached to the will; this state allows one (see below).
5. Keep the house and vehicles safeTell the insurer about the death so coverage stays in place, take photos of what's inside, and redirect the mail.
6. Don't pay bills or hand out belongings yetFirst learn which route fits and who is allowed to act; ask the probate office or an attorney about anything urgent.
7. Know that a power of attorney has endedA power of attorney ends when the principal dies; the agent's authority stops there.
8. Start an inventoryEvery account, property, vehicle and debt, with how each is held. Beneficiary and joint accounts usually pass directly, not through the estate.
9. Check the total against $50,000The official page's small estate figure. Leave out anything the page says isn't counted.
10. Mark day 45 after the deathThe small estate route opens 45 days after the death, per the official page.
11. Keep an account of every transactionWrite down each payment and each deposit with the date and a receipt; heirs and the court may ask to see it.
12. When appointed, get an EIN and open an estate accountPay estate bills from that account only. Form 1041 is due if the estate has more than $600 of gross income in a year (IRS).

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate limit

  Personal property worth $50,000 or less at death; real estate isn't personal property and isn't counted.

  "Total value of all personal property owned by the deceased at death must be $50,000 or less."

  Source: Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF), checked November 2026

• ConfirmedReal estate

  Real estate isn't counted, and the affidavit doesn't transfer it; it needs its own route.

  Source: Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF), checked November 2026

• ConfirmedWaiting period after the death

  45 days. Forty-five days after the death.

  "Forty-five (45) days must have passed since deceased's death."

  Source: Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF), checked November 2026

• ConfirmedNotary or oath

  Signed before a notary. Sworn before a notary public or a deputy clerk.

  "SWORN AND SUBSCRIBED BEFORE ME"

  Source: Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF), checked November 2026

• ConfirmedWhere the paperwork goes

  Through a court office. Filed with the probate court clerk; in Davidson County, the Circuit Court Clerk's office.

  Source: Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF), checked November 2026

• ConfirmedOfficial form

  Small Estate Petition for Limited Letters of Authority (no will). Davidson County's version; other counties publish their own.

  Source: Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF), checked November 2026

• ConfirmedSimplified court procedure

  Small estate limited letters of authority: A short court process that gives limited letters for an estate within the limit.

  Source: Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF), checked November 2026

The will at probate

Signing rules for wills, as they bear on getting the will accepted.

• ConfirmedWitnesses the will needed

  At least two attesting witnesses, who sign in the testator's presence and in each other's presence (Tenn. Code 32-1-104, 2025 code text on Justia).

  "the signature of the testator and of at least two (2) witnesses as follows"

  Source: Justia (statute text) (secondary source): Tenn. Code 32-1-104, Will other than holographic or nuncupative; signatures (2025 Tennessee Code, Justia), checked November 2026

• ConfirmedSelf-proving affidavit

  Allowed. Nolo's summary of Tenn. Code 32-2-110: the testator and the witnesses sign an affidavit before a notary. A notary isn't needed for the will itself.

  Source: Nolo (secondary source): How to Make a Will in Tennessee (Nolo, updated August 2025), checked November 2026

• ConfirmedIf the will is handwritten

  Recognized without witnesses if the signature and material provisions are in the testator's handwriting; two witnesses must prove the handwriting at probate (Nolo, citing 32-1-105).

  Source: Nolo (secondary source): How to Make a Will in Tennessee (Nolo, updated August 2025), checked November 2026

• ConfirmedA witness who inherits

  A will isn't invalid because an interested witness signed it (statute as quoted by the Tennessee Court of Appeals in 2018).

  "No will is invalidated because attested by an interested witness"

  Source: In re Estate of Joe Marce Abbott (Tenn. Ct. App. 2018), quoting Tenn. Code 32-1-103 (Tennessee Courts), checked November 2026

Documents to gather

• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements
• Life insurance policies and annuities
• The last few years of tax returns
• The official small estate form: Small Estate Petition for Limited Letters of Authority (no will)

Who to notify

Brokerage and retirement accounts, Life insurance companies, Utilities and phone, Landlord or mortgage servicer, Credit card companies, Pension or employer, Social Security (if the funeral home hasn't), Banks and credit unions. A brief letter and a copy of the death certificate usually start each one; note the date and the person you reached.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the Tennessee Secretary of State, Business Services Division, Office of Authentications. $2 per document (check payable to the Secretary of State). Vital records: A certified copy of the certificate; the Office of Vital Records can order the copy and forward it to the Secretary of State for the apostille.

  Source: Tennessee Secretary of State, Business Services Division, Office of Authentications, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for Tennessee:

• Davidson County Circuit Court Clerk (Probate): Small estate petition for limited letters of authority, estates without a will (PDF)
• In re Estate of Joe Marce Abbott (Tenn. Ct. App. 2018), quoting Tenn. Code 32-1-103 (Tennessee Courts)

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Small estate affidavit details · Will signing requirements · Estate paperwork help