MORTLState GuidesTennessee

State Guide

Tennessee

What Tennessee law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. No upselling. Just what you need to know.

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Guide Status

Last reviewed June 2026

Laws change. Each section shows when it was last verified. Always confirm with a licensed Tennessee attorney for your specific situation.

This is general information, not legal advice. Tennessee law changes. Your situation is specific. For anything that matters, talk to a licensed Tennessee attorney. Find one here →

Death Certificates

At a Glance

5
days to file
after death
25
years
confidential
$15
certified
copy fee
Death occursRestricted (25 yrs)Public record

File within 5 days · Restricted for 25 years · Then public

The 5-day rule.

In Tennessee, a death certificate must be filed within 5 days of death and before the body is buried or cremated. The funeral director prepares the certificate; the attending physician certifies the cause of death. (T.C.A. 68-3-502)

Order at least 10 certified copies. Banks, insurance companies, and government agencies all require originals.

Who files it.

The funeral director or person in charge of final disposition files the death certificate with the local registrar. The attending physician must complete the medical certification within 24 hours of being notified.

Who can order copies.

Immediate family members, legal representatives, and persons with a direct and tangible interest can order certified copies.

  • Tennessee Department of Health Vital Records: tn.gov/health/vital-records
  • Cost: $15 per certified copy
  • Expedited service available through VitalChek

How do I get a death certificate in Tennessee?

Order certified copies from Tennessee's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Tennessee?

$15 per certified copy in Tennessee, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

Related questions

At a Glance

$50k
small estate
threshold
simplified
process available
6-12 mo
typical
timeline

Small estate threshold vs. national average

US avg $50k
$0$150k+

When probate is required.

Tennessee requires probate for estates with solely-owned assets exceeding $50,000. Estates below this threshold may qualify for a simplified small estate affidavit; the limit was raised from $25,000 effective April 28, 2023. (T.C.A. 30-4-102)

Tennessee probate typically takes 6-12 months for straightforward estates.

If you die without a will.

Tennessee intestate succession (T.C.A. 31-2-104) determines who inherits:

  • Surviving spouse only (no descendants): gets everything
  • Spouse + descendants all from that spouse: spouse gets one-third; descendants split the remaining two-thirds
  • No spouse, descendants survive: descendants inherit equally
  • No spouse or descendants: parents, then siblings, then more distant relatives

What goes through probate.

Only assets owned solely by the deceased without beneficiary designations. Joint tenancy property, accounts with named beneficiaries, and life insurance pass outside probate automatically.

How long does probate take in Tennessee?

A straightforward Tennessee probate typically runs 6-12 mo, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Tennessee?

$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Tennessee?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Tennessee allow transfer-on-death deeds?

No. Tennessee has no transfer-on-death deed statute. A living trust or joint ownership with survivorship does the same job here; a uniform-act bill came close in 2026 and will likely be reintroduced, so re-check next session.

Source: legislative record

Related questions

Dying Without a Will

Last verified: July 17, 2026

Source: Tenn. Code Ann. § 31-2-104

Die without a will in Tennessee and this law picks your heirs.

If you die intestate (without a valid will) in Tennessee, Tenn. Code Ann. § 31-2-104 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

The spouse's fraction shrinks as the child count grows but never below one-third: with one child the spouse gets half, with three or more the spouse gets exactly one-third. No dollar lump sums anywhere in the statute.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

  • Spouse only (no descendants or parents): everything.
  • Spouse + parents (no descendants): everything; parents get nothing.
  • Spouse + joint descendants: the greater of one-third or a child's share; children split the rest.
  • Spouse + blended family: same, the greater of one-third or a child's share; no special blended rule.
  • Source: Tenn. Code Ann. § 31-2-104

Children's shares.

The decedent's issue take everything: equal shares if all are the same generation, with a dead child's share passing to that child's descendants by representation.

No spouse, no children: the line of succession.

With no spouse or descendants the estate goes to the parents equally, then to siblings and the descendants of dead siblings, then half to the paternal grandparents or their issue and half to the maternal side; with no takers the estate escheats to the state under Tenn. Code Ann. title 31, chapter 6.

Related questions

At a Glance

18
min. age
2
witnesses
required
notary
required

Living Will

Specifies end-of-life care wishes

Healthcare Proxy

Names a decision-maker for you

DNR / POLST

Do-not-resuscitate orders

Tennessee Advance Directive for Health Care.

Since 2004, the Tennessee Health Care Decisions Act (T.C.A. 68-11-1801 et seq.) has allowed one combined document that does the work of a living will and a healthcare power of attorney. The state's combined form, renamed the Advance Directive for Health Care effective May 9, 2017, can appoint a healthcare agent and specify your wishes for end-of-life care.

Tennessee's official Advance Directive for Health Care form is available from the Tennessee Health Facilities Commission at tn.gov/hfc.

Healthcare Agent.

The Tennessee Advance Directive for Health Care can designate a healthcare agent to make medical decisions when you cannot. The agent can make decisions in any situation where you lack capacity, not just terminal illness.

POLST (Physician Orders for Life-Sustaining Treatment).

Tennessee recognizes POLST as a medical order for seriously ill patients. A POLST is signed by a physician and travels with the patient across healthcare settings.

Where do I get Tennessee's advance directive form?

The controlling law is T.C.A. 68-11-1801 et seq. (Tennessee Health Care Decisions Act) & Tennessee Health Facilities Commission, linked as this section's source. Most people use the free statutory form: Tennessee's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Tennessee require a notary or witnesses for an advance directive?

Tennessee requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

Related questions

At a Glance

24hour minimum waiting period before cremation
This state
24 hrs (shortest)72 hrs (longest)
Cremation permit
Written authorization
Home burial allowed

Cremation regulations.

Tennessee requires a cremation permit from the local registrar before cremation. Crematories must be licensed by the Tennessee Board of Funeral Directors and Embalmers.

Right of disposition.

Tennessee law (T.C.A. 62-5-703) establishes a priority order: (1) the deceased's written instructions, (2) designated agent, (3) surviving spouse, (4) adult children by majority, (5) parents, (6) siblings, (7) other relatives.

Tennessee allows you to designate a disposition agent in a signed document. This takes precedence over next-of-kin.

Green burial.

Green burial is permitted in Tennessee. Natural burial is allowed at cemeteries that permit it.

Related questions

Estate Taxes

At a Glance

State Estate Tax
NONE
No state-level estate tax
Inheritance Tax
NONE
No inheritance tax
Federal Estate Tax
Up to 40%
Applies above
$15.00M (2026)

No Tennessee estate tax.

Tennessee repealed its state estate tax effective January 1, 2016. Tennessee also repealed its Hall income tax on investment income effective January 1, 2021.

Tennessee is now one of the most tax-friendly states for estates. No state estate tax, no inheritance tax, no income tax on investment income.

No Tennessee inheritance tax.

Tennessee does not impose an inheritance tax. Beneficiaries inheriting assets from a Tennessee decedent pay no state-level inheritance tax.

Federal estate tax.

Tennessee residents are still subject to the federal estate tax. The federal exemption is $15 million per individual in 2026.

Does Tennessee have an estate tax?

No. Tennessee has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Tennessee have an inheritance tax?

No. Tennessee does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

Related questions

At a Glance

18+
to register
How to Register
Online
Driver's license office
Donor card
Family Override
Binding
Your decision is legally binding
State registry: Tennessee Donor Registry

The Tennessee Donor Registry.

Tennessee maintains a donor registry through Tennessee Donor Services. Registration through the Tennessee Department of Safety and Homeland Security when obtaining or renewing a driver's license is the most common method.

Your family cannot override your registration.

Under the Tennessee Revised Uniform Anatomical Gift Act (T.C.A. 68-30-101), a registered donor's decision is legally binding. Tell your family anyway to reduce conflict and delays.

How to register.

Register online at donatelifetn.org, at any Tennessee driver's license office, or by completing a donor card.

  • Online: donatelifetn.org
  • At the Tennessee driver's license office when renewing your license
  • Donor card: available from Tennessee Donor Services

Related questions

Need Help in Tennessee?

Some of this requires a Tennessee attorney.

Wills, trusts, advance directives, and probate all benefit from a licensed professional. We have compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.

Find Help in Tennessee

From The MORTL Edit

Read when you're ready.

Sources: Tennessee Code Annotated (via the Tennessee General Assembly's official LexisNexis portal), Tennessee Health Facilities Commission (tn.gov/hfc), Tennessee Department of Health (tn.gov/health), Tennessee Department of Commerce & Insurance funeral board. This guide is reviewed periodically and updated when laws change. Last full review: June 2026.

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