Tennessee Ancillary Probate: Protect Out-of-State Assets

What Is Ancillary Probate in Tennessee?

Ancillary probate is a Tennessee proceeding used to address assets located in Tennessee when a decedent was domiciled in another state. While the primary probate occurs in the decedent’s home state, the Tennessee court oversees transfer of Tennessee-sited assets and applies Tennessee procedures to protect local creditor rights and clear title for buyers and beneficiaries. See the general framework in Tenn. Code Ann. Title 30, Chapter 2.

When It’s Needed

An ancillary filing is most commonly needed when a nonresident owned Tennessee real property (a residence, rental, farm, or vacant land). It can also be implicated for certain tangible personal property physically located in Tennessee (for example, titled vehicles or equipment). By contrast, assets that pass by contract or operation of law, such as accounts with beneficiary designations, assets titled in a trust, or property held with right of survivorship, may avoid ancillary administration depending on titling and governing documents.

Which Court Handles It

In practice, Tennessee ancillary probate is usually initiated in the county where the Tennessee real estate is located, and handled in the probate division of the chancery or circuit court, depending on local structure. Venue and filing mechanics can vary by county and case posture, so confirm local practice. See generally Tenn. Code Ann. Title 32, Chapter 4 (probate venue and procedure).

How Ancillary Probate Interacts With the Home-State Estate

The domiciliary (home-state) personal representative typically coordinates the Tennessee filing, but Tennessee law governs Tennessee-sited assets. The Tennessee court will usually require authenticated copies of the domiciliary probate documents (for example, the will, order admitting the will, and letters of appointment). Certified or exemplified copies are self-authenticating under Tennessee Rule of Evidence 902. Depending on the county, the court may appoint the domiciliary personal representative to act in Tennessee or appoint a separate ancillary personal representative.

Key Documents Often Required

• Certified or exemplified copies of the home-state probate filings (will, order admitting will, letters testamentary/administration).
• A Tennessee petition describing the decedent, heirs/devisees, and the Tennessee property (with legal descriptions).
• Bond or waivers, if applicable, and identification of any known Tennessee creditors.
• Title documents and prior deeds to confirm chain of title.

Requirements can vary by county; clerk checklists and local rules are helpful.

Creditors and Claims

Tennessee’s nonclaim statute sets short deadlines for presenting claims against an estate, which apply to Tennessee-sited assets administered here. Depending on the circumstances, the window can be as short as four months from first publication of notice to creditors, and claims are generally barred at one year from the decedent’s date of death regardless of publication. See Tenn. Code Ann. § 30-2-306. Coordinate notices and timelines between the domiciliary and Tennessee proceedings to avoid missed deadlines or duplicate efforts.

Transferring Tennessee Real Estate

Once the ancillary personal representative is appointed and local procedures are satisfied, Tennessee real property may be sold or distributed. Title companies commonly request copies of the Tennessee letters of authority and any relevant court orders. Proper recording of deeds and related instruments in the county where the property is located is essential to provide notice and perfect title under Tenn. Code Ann. § 66-24-101 and § 66-26-101.

Minimizing the Need for Ancillary Probate

• Use a revocable trust to hold out-of-state real property.
• Confirm and update beneficiary designations on accounts and insurance.
• Consider survivorship titling or tenancy by the entirety (for married couples) where appropriate.
• Consolidate ownership or use entities to hold investment real estate after tax and legal review.
• If you own property in states that recognize transfer-on-death (TOD) deeds, those may avoid ancillary probate in those states. Tennessee does not currently authorize real-property TOD deeds as of the last review date (see ULC enactment map).

Practical Tips

• Engage Tennessee counsel early to coordinate with the domiciliary personal representative.
• Obtain certified/exemplified copies of the home-state probate documents in advance.
• Verify county-specific filing requirements and whether a separate ancillary appointment is required.
• Collect full legal descriptions and prior deeds for any Tennessee real property.
• Align creditor notices and tax filings across states to reduce duplication.
• Budget for court costs, publication, recording fees, and any bond premiums.

FAQ

Do I need ancillary probate if there is a living trust?

Often no. If Tennessee property was properly titled in the trust, it usually passes under the trust without ancillary probate. Verify title and the trust’s terms.

Can the home-state personal representative act in Tennessee without a new appointment?

Sometimes. Many courts will recognize a domiciliary personal representative, but local practice may still require an ancillary appointment. Check the county’s requirements.

How long does Tennessee ancillary probate take?

Simple matters can finish in a few months, but creditor notice periods and court calendars often extend timelines. Title or sale approvals can add time.

What if there are no Tennessee creditors?

You may still need to follow notice procedures to cut off unknown claims and satisfy title companies. Requirements vary by county.

Will a TOD deed avoid ancillary probate in Tennessee?

Tennessee does not currently authorize real-property TOD deeds. Other states may, so strategies depend on where the property sits.

How We Can Help

Our probate team regularly assists out-of-state families, fiduciaries, and counsel with Tennessee ancillary administrations. We evaluate whether an ancillary filing is necessary, prepare and file the petition, coordinate with the domiciliary estate, address Tennessee creditor issues, and clear title for sale or distribution of Tennessee property. Contact us to discuss your situation.

Sources

• Tenn. Code Ann. Title 30, Chapter 2
• Tennessee Rules of Evidence, Rule 902 (Self-Authentication)
• Tenn. Code Ann. § 30-2-306 (Nonclaim statute)
• Tenn. Code Ann. § 66-24-101 and § 66-26-101 (Recording)
• Tenn. Code Ann. Title 32, Chapter 4
• Uniform Law Commission – Real Property TOD Act: Enactment Status

Disclaimer: This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and procedures change and vary by county and case. Consult a Tennessee probate attorney about your specific situation.