2026 data Public-data reference. official source

Tennessee Estate & Inheritance Tax

Open-data reference.

Estate tax rates, exemptions, and probate costs for Tennessee (TN)

3.2/5 Friendliness No Estate/Inheritance Tax 0 0

State Estate Tax

No State Estate Tax

Only federal estate tax applies ($13,990,000 exemption per person in 2025)

Inheritance Tax

No Inheritance Tax

Beneficiaries owe no state inheritance tax in Tennessee

Probate Costs

Filing Fee $175–$500
Attorney Fee ~5% statutory
Timeline 9–18 months
Small Estate Threshold $50,000

Small estate affidavit: $50,000

Probate Code

Uniform Probate Code Not Adopted

Tennessee has not adopted the UPC and follows its own probate statutes. Procedures may be more complex or vary by county.

Property System

Community Property Yes

Tennessee is a community property state. Opt-in community property via trust. Marital assets are typically split 50/50, which affects estate planning and tax treatment of inherited property.

Estate friendliness

3.2 /5

Composite of estate-tax presence, probate cost, UPC adoption, and timeline for Tennessee.

Estate-tax exemption

None (federal only)

Only the federal $13.99M exemption applies in Tennessee.

Probate window

9-18 months

Filing-to-final-distribution range, varies with estate complexity & creditor claims.

Probate cost relative to estate value — Tennessee 50.0%
National median

Statutory attorney fee approximately 5% of estate value, plus filing fees.

Beneficiary structure

How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions

Estate share42%31%14%SpouseChildrenTrustCharityOther

Tennessee probate timeline

Phase share of typical filing-to-distribution window — 9–18 months

Tennessee probate10%15%25%20%25%PetitionNoticeInventoryClaimsTax filingDistribution

Source: Uniform Probate Code · state probate statutes As of varies by state

Federal Estate Tax Filings — Tennessee

IRS Statistics of Income data showing estate tax returns filed by Tennessee residents.

Filing Year Returns Filed Gross Estate Net Tax Paid State Death Tax
2023 114 $5.2B $0.3B
2022 134 $3.1B $0.3B
2021 92 $2.6B $0.3B

Source: IRS Statistics of Income — Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.

What the Tennessee Estate Data Reveals

Tennessee imposes no state estate tax, so federal law under IRC § 2001 is the only estate-level levy that applies. With the federal exemption at $13,990,000 per decedent in 2025, the vast majority of Tennessee estates clear probate without owing estate tax at any level — though the scheduled 2026 sunset of the TCJA could cut that exemption roughly in half. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.

IRS Statistics of Income data show 114 federal estate tax returns filed by Tennessee residents in the most recent available year (filing year 2023), reporting $5.22 billion in combined gross estate value. Net federal estate tax paid totaled $0.35 billion that year. Across the multi-year IRS SOI series above, Tennessee averages roughly 113 taxable filings per year, with an effective federal rate on reported gross estates of about 8.3%.

Probate itself typically runs 9–18 months in Tennessee (roughly 14 months on average), with court filing fees of $175–$500. Attorney compensation is set by statute at approximately 5% of the estate, which is a material fixed cost even for uncontested estates. Tennessee does offer a simplified small-estate track for estates under $50,000, which most families use to bypass full formal probate. Because Tennessee has not adopted the UPC, probate practice can vary materially by county and judicial district. Tennessee's community property framework also means marital assets generally pass with a 50/50 baseline split, which affects both tax basis step-up and the size of the taxable estate.

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Tennessee Estate Tax FAQs

Does Tennessee have an estate tax?

No. Tennessee does not have a state estate tax. Only the federal estate tax applies (currently $13,990,000 exemption per person in 2025). This makes Tennessee more favorable for estate planning compared to the 13 states that do impose a state estate tax.

Does Tennessee have an inheritance tax?

No. Tennessee does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax.

How long does probate take in Tennessee?

Probate in Tennessee typically takes 9 to 18 months. Estates under $50,000 may qualify for a simplified small estate procedure, which is significantly faster.

How much does probate cost in Tennessee?

Court filing fees in Tennessee range from $175 to $500. Attorney fees are typically 5% of the estate value (statutory).

Can you avoid probate in Tennessee?

Yes. Common probate avoidance strategies in Tennessee include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. Tennessee also offers a simplified process for small estates under $50,000.

How will the 2026 federal estate tax sunset affect Tennessee residents?

The TCJA provisions are set to expire December 31, 2025, which would cut the federal exemption from $13,990,000 to approximately $7,000,000 per person. While Tennessee has no state estate tax, the lower federal exemption means more estates will owe federal estate tax. This makes 2025 a critical window for estate planning.

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Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by Kiznis Studio Editorial

Disclaimer: This information is provided for informational purposes only and does not constitute professional advice. Data is sourced from the IRS Statistics of Income. Consult a qualified professional before making decisions based on this data.

All federal data sources used on this page