In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Tennessee, the law provides for a simplified process to administer small estates through the use of a small estate affidavit. This process is governed by Tennessee Code Annotated § 30-4-101 et seq. A small estate in Tennessee is defined as one where the value of the estate does not exceed $50,000 (excluding the value of certain property such as real estate). The small estate affidavit allows for the transfer of the decedent's personal property to the rightful heirs without formal probate proceedings. To use this process, an affidavit must be filed with the probate court by the legal heir(s) or person(s) entitled to the property, after a waiting period of 45 days from the death of the decedent. The affidavit must include a list of all known assets, debts, and the names and addresses of those entitled to receive the property. If the decedent owned real estate, a different process may be required, and an attorney should be consulted to determine the appropriate legal steps.