Fill out and download a Tennessee small estate affidavit form template to obtain your part of the inheritance from your closest relative who recently passed away.
What Is a Small Estate Affidavit in Tennessee?
In order to pass assets of the deceased without probate procedure, you, as their relative, can use a small estate affidavit. It is a legal document that shortens the time frame and expense for obtaining inheritance.
An individual who acts as the signatory to the affidavit document required by TCA 30-4-103 is called an Affiant. The major condition to become an affiant is to check the gross small estate balance. You are entitled to create and sign a Tennessee small estate affidavit if the maximum amount of assets doesn’t surpass the required limit and if you’re a close relative to a deceased person.
Small Estate Affidavit: Tennessee Requirements
The small estate probate in Tennessee has a few crucial demands for affiants:
- Time After Death: 45 days
- Small estate limit: $50,000 (as of 2022-2023)
- Notarization: Obligatory
Time After Death of the Decedent
Applying for a small estate affidavit is possible only after a certain period after the person’s date of death. In the State of Tennessee, this waiting time is forty-five days. This condition is regulated legally in accordance with T.C.A. 30-4-103(1)(A).
Small estate limit
Analyze all small estate properties to understand whether they won’t exceed the law-accepted sum, i.e. $50,000 (as of 2022-2023). Collect the evidence and professional estimations if any.
Signing and Notarizing
The Tennessee state requires you to notarize the small estate affidavit.
Thanks to notarization, you ensure your small estate affidavit form Tennessee isn’t misleading or false. At the same time, it is a good protective measure to guarantee unauthorized individuals won’t get access to the small estate property of the decedent on your behalf and without your consent.
How to Get a Small Estate Affidavit in Tennessee
To obtain a small estate affidavit Tennessee, you have to define whether you are an entitled person for that. The spouse, children, siblings, and parents of the person who dies can become successors.
After the form is submitted, the probate court will confirm your legal authority to collect the decedent’s assets as a part of your inheritance in the framework of particular fund distribution conditions that are defined by the law in Tennessee and your successor rating. For instance, spouses are the first candidates to inherit the deceased’s assets, contrary to the person’s parents or siblings.
Small estate affidavit Tennessee form is easy to find on PandaDoc. Otherwise, you will have to visit a local lawyer and get the document signed in front of a public notary there.
Small Estate Affidavit Tennessee 2023: Instructions
To get started with a free small estate affidavit form Tennessee, you will have to:
- You should check the credibility of the data you have about the decedent’s assets. It might take some time. Since you don’t have to submit the form immediately after forty-five days after the person’s death, verify all the details carefully.
- Ensure your request validity — your form will be invalid if there are any personal representatives for the target small estate property. To confirm this, check the Criminal Background Records in Tennessee.
- Collect documents to transfer to the bank and other establishments to claim your inheritance. The small estate affidavit isn’t the only form: you also require a copy of the death certificate and the deceased’s Will and Testament if presented.
- Estimate the small estate value. It refers to any item of the personal property of the decedent as of the date of death including possessions that were held as tenants or joint ownerships for covering debts. The real estate doesn’t count as a part of a small estate for the affidavit form in Tennessee.
How to Notarize Small Estate Affidavit Tennessee Online
Instead of notarizing your form in the court in front of a notary, you can use an online notarization platform to get your documents ready in minutes. With PandaDoc Notary, the process is effortless and timely.
Step 1: Registration
The site offers a highly personalized registration form, which enables you to choose the most convenient login approach — email address, Google, Microsoft Office, Slack, and LinkedIn.
Step 2: Form Completion and Signing
Open the blank small estate affidavit for Tennessee residents and fill out the form according to instructions given below. If multiple individuals apply for a small estate, you can mention their emails to notify and request them to join on the document. Set the date and your e-signature once all the requested information is in place.
Step 3: Notarization
Your small estate affidavit Tennessee form has to be notarized — the rule can’t be skipped or omitted anyway. Head to the Notary tab and click ‘Notarize Now’. The system will find a notary and launch a live video session for you to confirm your identity online. Then, the notary adds his/her e-signature, and your notarized TN small estate affidavit form is ready to use.
Step 4: Download and Submit the Form
Thanks to the e-signature and online notarization features of PandaDoc Notary, you get a notarized TN small estate affidavit without delay. Download the form, save it, and submit it to your bank where the deceased’s funds reside.
How to Fill Out a Tennessee Small Estate Affidavit
Stick to the brief instruction on fulfilling the TN small estate affidavit fields presented below:
- Heading — state the name of the County, to which all the paperwork is related.
- Docket number — in other words, it is a special number assigned by the court for the case.
- Estate — specify the name of the decedent, namely the former owner of the small estate assets.
- Affiant — provide your full name in the field.
- The date and place of death of the deceased — these sections are self-explanatory.
- The last residence — highlight the physical address of the deceased, where he resided before their death.
- Will — leave a note in the special checkbox if the decedent left the Will and Testament. If yes, you have to attach a copy to the affidavit form as well.
- Creditor, address, amount — these fields are valid in cases when there are any unpaid debts left. Your task is to specify the amount of owned money and whom they are meant for.
- Item, location/possession, bank account, value — your next task is to describe the personal assets of the person. Joint property and real estate assets aren’t accredited here. The list of personal assets includes such belongings and possessions as mechanical equipment, jewelry, bonds, vehicles, cash, and so on. If the provided space isn’t enough, attach a separate sheet with further descriptions.
- Successors — as an affiant, you are obliged to mention other heirs. Their full names, contact details, and relationship to the deceased are influential and essential.
- Date/signature — sign the document when it is forwarded to the notary public service.
The clerk, in turn, will notarize this small estate affidavit Tennessee. After the document is sworn, it is set ready for the deal.
What is the purpose of a small estate affidavit in Tennessee?
A small estate affidavit in Tennessee lets you expedite your claiming for inheritance, reduce the required time and costs by avoiding the probate procedure.
What is the small estate affidavit amount in Tennessee?
It is quick, confidential, and safe to claim your right for monetary transfers from the total capital of the person — up to $50,000.
Does a small estate affidavit need to be notarized in Tennessee?
It is an obligatory requirement. To stay more flexible and versatile while minimizing your investment in the small estate affidavit form in Tennessee, you are welcome to notarize the form online. PandaDoc Notary will come in handy.
What does it cost for a small estate affidavit in Tennessee?
According to TCA 8-21-401, the clerk submits the small affidavit documents for $85, but it can rise up to $150 with extra notices and services. The expenditures for notarization depend on the online or offline approach.
How to get a small estate affidavit in Tennessee?
You are to find and evaluate your role in the inheritance of the deceased, estimate their property, fill out the form online, and notarize it — that’s it. Interested parties are subjected to signing the form in front of a local lawyer, so they need to visit target offices in person. On the contrary, it is possible to obtain a free form template from online PandaDoc Notary services — get a free sample and notarize the e-signed sworn document online.