Detailed Answer
In Tennessee, two separate processes and offices handle estate administration and unclaimed property claims. Understanding which court or office manages each matter ensures you file in the right place.
1. Estate Administration
After a person dies, their estate (all assets and debts) often requires court supervision. Tennessee law vests probate jurisdiction in either the county Chancery Court or Circuit Court. Many counties have a dedicated Probate Division within Chancery Court to handle wills, appoint representatives (executors or administrators), and oversee distribution to heirs.
- Venue: File in the county where the decedent resided at death.
- Governing Statute: Tenn. Code Ann. §30-1-101 et seq. (§30-1-101).
- Key Steps: Petition for probate, appointment of personal representative, creditor notice, inventory and appraisal, and final accounting.
2. Unclaimed Property Claims
Unclaimed property consists of financial assets (bank accounts, insurance proceeds, stocks) presumed abandoned after a dormancy period. In Tennessee, the Department of Treasury, Unclaimed Property Division handles these claims—not a county office.
- State Law: Tenn. Code Ann. §66-29-101 et seq. (§66-29-101).
- Search & Claim: Visit the Tennessee Treasury website at tn.gov/treasury/unclaimed-property.
- Process: Submit a claim form with proof of identity and ownership. The Division reviews documentation, then issues payment.
Key Distinction: Probate courts handle estates through judicial proceedings. The Unclaimed Property Division handles abandoned assets outside court.
Helpful Hints
- Collect essential documents: death certificate, will, asset lists, and account statements.
- Verify county court names: some counties call their probate docket “Probate Court” under Chancery.
- Use the Tennessee judiciary’s online directory to locate your county court: Tennessee Courts Directory.
- For unclaimed property, conduct a preliminary search online before gathering proof.
- Keep copies of all filings, receipts, and correspondence for your records.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.