Small Estate Probate Services

Understanding Small Estate Limits

It is critical to understand that a small estate is a specific legal term, not just a description of wealth. The rules vary significantly across state lines, and failing to meet them can result in your petition being rejected.

Tennessee: The $50,000 Limit

Under Tennessee law, a small estate affidavit attorney can help you avoid full probate if the estate meets two strict criteria:

• Asset cap: The total value of the personal property must not exceed $50,000.
• No real estate: The decedent cannot have owned any real property (land or home) that needs to be transferred through the estate. If real estate is involved, a different process is required.
• Waiting period: You must wait 45 days after the date of death before filing the affidavit.

Kentucky: Dispensing with Administration

Kentucky offers a process known as Dispensing with Administration (KRS 395.455). This allows a small estate attorney to bypass full probate in specific scenarios:

• Surviving spouse or children: If the personal estate is $30,000 or less, the court may order the assets transferred directly to the surviving spouse or children without full administration.
• Preferred claims: If the only assets in the estate are needed to pay funeral expenses or other preferred debts, the court may dispense with administration regardless of the specific dollar amount, provided the math balances out.