Detailed Answer — What you need to know

When someone dies without a valid will (intestate), Tennessee law requires the court to open an estate and appoint a personal representative (called an “administrator”). The administrator gathers the deceased person’s assets, pays debts and taxes, and distributes the remaining property according to Tennessee’s intestacy rules. The probate court in the county where the decedent lived handles the appointment and supervision.

Who may be appointed?

Priority for appointment generally follows a predictable order: a surviving spouse, adult children, other next of kin, nominated creditors, or any interested person. Priority can vary depending on who petitions and whether the person is suitable and able to serve. The probate judge has discretion and will consider conflicts of interest, criminal history, and whether a person can reasonably perform the duties.

Where to start

1. Locate the county probate court in the decedent’s county of residence. Tennessee courts provide probate information and contact details at the Tennessee Courts website: https://www.tncourts.gov/programs/probate-court-information.
2. File a Petition for Administration (sometimes called a Petition for Letters of Administration or Application for Administration). The petition asks the court to open the estate and appoint an administrator. Many counties provide local forms or instructions; contact the clerk of the probate court for the correct form and filing fees.
3. Provide required documents with your petition. Typical documents include the decedent’s death certificate, an affidavit of heirs or next-of-kin, and a list of known assets and creditors. The court will require identification from the petitioner and may require proof of relationship to the decedent.
4. Serve notice. Tennessee law requires notice to certain relatives and creditors. The probate clerk will explain the method and timing required by the court rules.
5. Bond and oath. The court may require the administrator to post a surety bond and take an oath to faithfully perform duties. In some cases, bond requirement may be waived or limited by court order or statute.
6. Appointment and Letters of Administration. Once the court approves, it issues Letters of Administration (or similar documents) that authorize the administrator to manage estate business—collect assets, pay debts, and distribute property.

Timeframes and typical steps after appointment

After appointment, the administrator must:

• Inventory estate assets and file inventories with the probate court (timing varies by county and court order).
• Notify and pay valid creditors and file tax returns for the decedent as required.
• Follow intestate succession rules to distribute assets to heirs (the court or an attorney can help apply Tennessee’s intestacy laws to the family facts).
• Provide receipts and accounting to the court before final distribution and closing the estate.

Where Tennessee law applies

Tennessee statutes govern probate procedure and intestate succession. For general probate information, see the Tennessee Courts probate page: https://www.tncourts.gov/programs/probate-court-information. The Tennessee General Assembly publishes the Tennessee Code on its official site; you can search the relevant probate and administration chapters there: https://www.capitol.tn.gov/. If you want to read statutory provisions, search the Tennessee Code for topics such as “personal representatives,” “administration of estates,” and “intestate succession.”

Common complications

• Multiple people file competing petitions. The court resolves priority and fitness questions; this can delay appointment.
• Unknown or missing heirs. The court may require extra steps to locate heirs or appoint a conservator for unknown claim resolution.
• Complex assets (business interests, out-of-state property). These can require additional court filings or ancillary probate in other states.
• Creditor disputes or tax liabilities. These issues can extend administration and may require professional help.

When to get help from an attorney

You may want a probate attorney if the estate has significant assets, unclear heirs, litigation prospects, conflicts among family members, or complicated tax or business issues. An attorney can prepare petition paperwork, represent you at hearings, and help avoid personal liability as administrator.

Helpful Hints

• Contact the probate clerk in the county where the decedent lived as your first step. Clerks can tell you the exact forms, fees, and local procedures.
• Bring multiple certified copies of the death certificate when you file the petition. Estate institutions (banks, insurance companies) often require certified copies.
• Make a basic inventory before filing: bank accounts, safe-deposit boxes, titles, insurance policies, retirement accounts, and any debts. Even a rough list speeds the process.
• If you expect disputes, file promptly. Early formal appointment gives you legal authority to control assets and reduce the risk of interference.
• Ask the clerk about bond: some courts allow small estates to proceed without bond, but you must confirm local rules.
• Keep a contemporaneous record of estate transactions and receipts. Courts require accounting when closing an estate.
• Use official resources: Tennessee Courts (https://www.tncourts.gov) and the Tennessee General Assembly code site (https://www.capitol.tn.gov/) for authoritative information and statute searches.

If you want personalized help finding a probate attorney, many county bar associations maintain referral services. The Tennessee Bar Association website also offers lawyer referral resources.