Tennessee Small Estate Affidavit

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Frequently Asked Questions

Can the Tennessee Small Estate Affidavit be notarized online?

Yes. Online notarization of the Tennessee Small Estate Affidavit is completely legal and secure. Your documents can be notarized online in minutes through the Notarize Network, starting at $25.

What are the requirements for the Tennessee Small Estate Affidavit?

The signer requirements for a Tennessee small estate affidavit include waiting 45 days after the decedent’s death before filing, confirming no existing appointments or petitions for the role of the personal representative, completing the necessary paperwork including the small estate affidavit and a copy of the decedent’s will, and filing the documents with the probate court local to the decedent’s final permanent residence. The affiant is required to sign the document in the presence of a notary public or deputy clerk, who also has to sign and append their seal. Additionally, unless exempt, the petitioner must post bond and make it payable to the clerk of court for an amount equal to the value of the estate. Exceptions to the bond requirement include cases where the petitioner is a sole heir of the decedent’s will or, in the absence of a will, a sole heir by way of law, or when bond is waived by the written consent of all heirs. The filing fee varies from county to county and depends on the number of documents affixed to the affidavit, usually falling anywhere between $100 to $150.

What else do I need to know about the Tennessee Small Estate Affidavit?

Here are additional resources for the Tennessee Small Estate Affidavit that may be helpful:

T. C. A. § 30-4-103(1)(A)T. C. A. § 30-4-102(9)T. C. A. § 30-4-102(8)T. C. A. § 30-4-103(3)T. C. A. § 30-4-103(4)Title 30, Chapter 4 (Small Estate Probate Act)probate court clerk

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