Estate friendliness
3.2 /5
Composite of estate-tax presence, probate cost, UPC adoption, and timeline for Tennessee.
Open-data reference.
Estate tax rates, exemptions, and probate costs for Tennessee (TN)
Only federal estate tax applies ($13,990,000 exemption per person in 2025)
Beneficiaries owe no state inheritance tax in Tennessee
Small estate affidavit: $50,000
Tennessee has not adopted the UPC and follows its own probate statutes. Procedures may be more complex or vary by county.
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.
Statutory attorney fee approximately 5% of estate value, plus filing fees.
How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions
Phase share of typical filing-to-distribution window — 9–18 months
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.
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.
Use our calculator to estimate estate tax liability in Tennessee and compare it to other states.
Calculate for TennesseeNo. 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.
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.
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.
Court filing fees in Tennessee range from $175 to $500. Attorney fees are typically 5% of the estate value (statutory).
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.
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.
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.
Read our methodology — how this data is sourced, computed, and verified.