Securing a Deceased Person’s Home and Preventing Removal of Belongings in Tennessee

Disclaimer: This is educational information, not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Tennessee probate attorney.

Detailed Answer

When someone dies in Tennessee and their estate has not yet been opened in probate court, there is a risk that family members or others might remove or hide property. Tennessee law gives the probate court authority to appoint an administrator to control estate property, but appointment takes time. Until you have “Letters of Administration” (the court-issued authority), your options are limited but still effective if you act promptly and carefully.

1. Immediate, lawful steps you can take (without court appointment)

• Secure the premises. If the house is unlocked, lock it. If you are a surviving spouse or co-owner, changing locks or rekeying may be reasonable, but do this only if you have an actual legal right to do so. If you are unsure of your authority, avoid removing locks that could be seen as interfering with estate property.
• Document the scene. Take time-stamped photos and video of each room, the exterior, and vehicles. Photograph important items, serial numbers, and any damage. Create a dated list of high-value items (jewelry, guns, electronics, antiques, vehicles) and note their location.
• Limit access. Ask family members to refrain from entering or removing items until the estate is administered. Put a single point of contact in charge of keys and access. Send a written message (email or text) to siblings and others stating that the estate is pending and requesting that no items be removed pending probate.
• Get witnesses. If someone helps you secure or inventory the home, have them sign and date a short statement describing what they saw and what you did.
• Contact the local sheriff or police if you reasonably believe theft or trespass is occurring. Removing property without authority can be a crime (theft or trespass). Law enforcement can document the situation and may intervene to stop ongoing removals.

2. Formal, court-based steps to get control quickly

• File a petition to open probate and request appointment as administrator. In Tennessee, the probate court handles estate administration; once the court issues Letters of Administration (or Letters Testamentary if there is a will), the appointed administrator has authority to take possession, inventory, and preserve estate property. See Tennessee probate law resources: Tennessee Courts – Probate and the Tennessee statutes (Title 30): Tennessee Code Title 30 (Probate & Administration).
• Ask the court for temporary or emergency relief. If valuables are at risk of being removed or destroyed, your attorney can ask the probate court for a temporary order (sometimes called temporary administration, protective orders, or an order to preserve assets) that gives you or a court-appointed person authority to secure the property and make an inventory pending full appointment.
• Request an inventory and appraisal. After appointment, Tennessee law requires administrators to inventory estate assets and file reports with the court. If you suspect items were taken, seek a court-ordered inventory or forensic accounting.

3. When to involve law enforcement and when to get a lawyer

• Call the sheriff/police immediately if you see someone removing items now, especially high-value items. Removing items from another’s property without authority can be criminal — contact local law enforcement to report suspected theft or trespass. For general Tennessee criminal statutes, see Tennessee Code Title 39 (Criminal Offenses).
• Talk to a probate attorney promptly. An attorney can file the probate petition, request temporary protective orders, and draft cease-and-desist letters to siblings. If litigation looks likely, counsel can preserve evidence, send formal notices, and represent you in court-based remedies.

4. What not to do

• Do not force entry, remove lots of property, or “take your share” before a court decides. Self-help removals can lead to civil liability and criminal charges.
• Do not sell or dispose of items that may be estate property. Even well-intentioned removals can be reversed by the court.

How Tennessee law affects these options

Tennessee probate courts control estate property once an estate is opened. The court issues Letters of Administration to whoever it appoints (usually the person with priority under Tennessee law), which authorizes them to collect assets, protect property, and distribute assets according to the will or law. If there is a pressing danger that assets will be lost or dissipated, the court can grant interim relief. For general probate procedures and forms, see the Tennessee Courts probate page: https://www.tncourts.gov/programs/probate. For the codified probate rules and statutes, see Title 30 of the Tennessee Code: https://www.capitol.tn.gov/legislation/statutes/30/.

Practical checklist you can use now

• Secure and lock the house (if you have a legal right to do so).
• Photograph and video every room and high-value items; save timestamps.
• Create an itemized list of valuables with serial numbers if visible.
• Ask family members to refrain from removing items and put a single point of contact in charge.
• Contact local law enforcement if you see items being removed without permission.
• Contact a probate attorney to file for appointment and ask for emergency protection if necessary.

Helpful Hints

• Be calm and document everything. Clear documentation (photos, notes, witness statements) is the best defense if a dispute develops.
• Use certified mail or email for important communications so you have a record. A written request to stop removing items can be useful evidence.
• Keep original receipts and paperwork for items you lawfully remove (for safekeeping) and record why you removed them.
• If firearms are present, prioritize safety and contact local law enforcement for guidance on securing them legally and safely.
• Engage a probate attorney early—many disputes are prevented by prompt filing and a formal court order directing how property must be handled.
• If you are a potential administrator, gather documentation of your relationship to the decedent (marriage certificate, birth certificates, etc.) to speed the probate filing.

If you want, I can outline a sample short letter you can send to siblings asking them not to remove items and explaining that you will be filing for administration in probate court.