Q: My father died in a Knoxville nursing home Aug. 2021. He owned no assets and a Will. Can I file Small Estate Affidavit?
Clerk told me since I have his Will and I'm named as Executor that I have to file for full Probate Administration. I have researched TCA 30-4-103, and in my opinion, a Small Estate should suffice. I am a lawyer, but not licensed. I have an appointment with Chancery Court to file next Monday morning, 11:00. At this point, I have all docs ready to file for a Small Estate but Clerk statements concern me. We live 4 hours away and dont want to come with wrong documents,thank you,
A: Small Estate Affidavits are for $50K or less of personal property. If no assets, why file Probate, especially in Knox County? If any other County has jurisdiction, go there if the Estate must be Probated. With Knox County, you will not want to Probate unless it is necessary. And if the Clerk says no to a Small Estate, that is it as the Chancellor will not override the Clerk & Master's opinion on that.
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