At a glance
| State estate tax | No |
|---|---|
| Estate top rate | — |
| Inheritance tax | No |
| Small-estate ceiling | $50,000Tenn. Code Ann. § 30-4-102(9) (2023 Pub. Ch. 297) · 2023 |
| TOD deed for real estate | Not availableTenn. — no real-property TOD deed (URPTODA pending, HB 1793 / SB 2029) · not enacted as of 2026 |
| Community-property state | No |
Estate tax
Tennessee does not levy its own estate tax. An estate here is subject only to the federal estate tax, which most estates never owe — the federal exclusion is measured in the millions. See the federal lifetime exemption for how that works.
Inheritance tax
Tennessee has no inheritance tax — beneficiaries are not taxed on what they receive by the state. Tennessee's inheritance ("death") tax is not imposed for deaths in 2016 and after — the Department of Revenue directs that no return be filed. Tennessee also repealed its gift tax effective 2012.
Probate basics
Under the Small Estate Probate Act (Tenn. Code Ann. §§ 30-4-101 to 30-4-105), where the probate estate does not exceed $50,000, an affidavit may be filed with the probate court clerk 45 days after death to obtain limited letters and distribute assets without full administration.
Tennessee is a common-law (separate-property) state for ownership between spouses. A transfer-on-death deed for real estate is Not available Tenn. — no real-property TOD deed (URPTODA pending, HB 1793 / SB 2029) · not enacted as of 2026. The probate deadlines for this state — filing the will, the creditor-claim window, the inventory — are cited in the Executor & Heir’s Guide.
State-specific quirks
No lingering death tax
Tennessee has neither a state estate tax nor an inheritance tax for deaths in 2016 or later; the old inheritance tax governs only pre-2016 deaths. For current planning there is no Tennessee-level transfer tax to manage.
No real-property TOD deed
Unlike Texas, Tennessee has not enacted a transfer-on-death deed for real property. A Uniform act is pending (HB 1793 / SB 2029) but is not law — plan real-property probate avoidance through trusts, joint tenancy, or tenancy by the entirety.
An optional community-property trust
Tennessee is a separate-property state, so the community-property answer is no — but under the Tennessee Community Property Trust Act spouses may elect to title specific assets in a community-property trust, positioning both halves for a full basis step-up.
Where to read next
- the federal lifetime exemption — how the far larger federal exclusion works — and why a state tax can still apply below it
- funding a revocable trust — the most common way to keep property out of probate entirely
- the ILIT cluster — keeping a life-insurance death benefit out of a taxable estate
- the Executor & Heir's Guide — the probate deadlines for this state, cited to the statute
- ← Back to the 51-jurisdiction comparison
Sources & methodology
Methodology & sources
Every tax figure on this page links to the primary source it was verified against — a Tennessee statute or department-of-revenue page — with that source’s own effective date. Aggregator round-ups are never used as a source. State death and probate law changes every legislative session; this page carries the date it was last re-verified, and any figure that could not be confirmed from a primary source is flagged for you to check with the state rather than guessed. See our editorial standards.
This page is educational and is not legal or tax advice. Whether a death tax applies turns on residency, where property sits, and how title is held — details a general page cannot resolve. Confirm your own situation with a professional licensed in Tennessee.
Last verified July 20, 2026.