How to Handle a Parent’s Estate in Tennessee — Step-by-Step Answer

Short answer: Start by locating a will (if any), secure the estate and death certificate, contact the county probate office where your mother lived, and either open a probate case or use a small‑estate procedure when appropriate. Follow Tennessee probate rules to inventory assets, notify creditors and heirs, pay debts and taxes, and distribute the remaining property. This article explains the typical steps, what paperwork the court will expect, and when you should consider professional help.

Detailed answer — what to do first and next

1. Confirm the basic facts and secure key documents

Begin by gathering: a certified copy of the death certificate, any original will, bank and investment statements, mortgage and deed paperwork, life insurance and retirement account information, and a list of likely creditors. Secure the home, vehicles, and important papers. Do not distribute assets until the estate is properly administered or you have authority to do so.

2. Decide whether probate is required

Probate is the court process that formally appoints a personal representative (executor or administrator) and authorizes them to collect assets, pay debts, and distribute property. In many cases you must open a probate case in the county where the decedent resided. Some assets transfer outside probate (for example, assets with a named beneficiary, joint accounts, or living trust property).

For general information about estate administration in Tennessee, see the Tennessee Courts self‑help page: https://www.tncourts.gov/services/self-help/topics/estate-administration. For how Tennessee handles probate law generally, see Tennessee Code, Title 30 (Probate Practice): https://www.capitol.tn.gov/legislation/statutes/30.html.

3. Open probate or use a simplified procedure if eligible

If there is a valid will, the named executor can petition the probate court to admit the will and receive letters testamentary. If there is no will, a close family member may petition to be appointed administrator (letters of administration). If the estate is small and meets statutory limits or conditions, Tennessee provides simplified procedures to transfer assets without full probate—check the court’s guidance and the statutes that apply.

4. Obtain letters and take inventory

Once the court appoints a personal representative, it issues letters (letters testamentary or letters of administration). Use these to collect the decedent’s assets. Prepare and file an inventory or list of estate assets with the court if required by local rules.

5. Notify heirs and creditors

Tennessee law and court rules require notice to heirs and often require a published notice to creditors so anyone with a claim can come forward. As personal representative you must identify likely creditors, pay valid debts, and handle claims according to applicable deadlines.

6. Pay debts, taxes, and administer ongoing accounts

Use estate funds to pay funeral expenses, valid creditor claims, and any taxes owed. You may need to file the decedent’s final individual income tax returns and, if applicable, fiduciary income tax returns for the estate. Keep clear records of all receipts and disbursements. Close or transfer accounts only after you have the authority to do so.

7. Distribute the estate and close probate

After debts, taxes, and administration expenses are paid, distribute remaining property to beneficiaries under the will or under Tennessee intestacy law if there is no will. File a final accounting with the court if required and ask the court to close the estate and discharge the personal representative.

Key Tennessee legal references

• Probate practice and administration: Tennessee Code, Title 30 — Probate Practice: https://www.capitol.tn.gov/legislation/statutes/30.html
• Tennessee Courts: basic guidance on estate administration and the probate process: https://www.tncourts.gov/services/self-help/topics/estate-administration

Common scenarios and what they mean

If there is a valid will

File the will with the probate court in the county where your mother lived. The court will generally admit the will, appoint the named executor (unless there’s a challenge), and issue letters authorizing the executor to act.

If there is no will

A family member petitions to be appointed administrator. The administrator follows intestate succession rules to identify heirs and distribute assets per Tennessee law under the probate statutes and applicable intestacy provisions.

If the estate is small or most assets transfer automatically

Some assets bypass probate (payable‑on‑death accounts, joint tenancy assets, or assets held in trust). If only limited personal property remains, a small‑estate procedure or affidavit may allow transfer without full probate—consult the probate court or an attorney about eligibility and procedure.

Helpful Hints

• Obtain multiple certified copies of the death certificate early. Many institutions require an original certified copy.
• Do not commingle estate funds with your personal funds. Open an estate bank account once you have authority to do so.
• Keep a written file and ledger of all estate transactions—who you paid, why, and what records support that payment.
• Before selling or transferring real estate, confirm the court’s authorization and follow recording requirements in the county where the property is located.
• Contact the county probate office where your mother lived for local forms, filing requirements, and fee schedules. Tennessee’s court site can help locate courts: https://www.tncourts.gov/courts.
• Consider professional help if the estate has complex assets (business interests, out‑of‑state property), unresolved creditor disputes, or potential will contests.
• Keep beneficiaries and close family informed of major steps to reduce the chance of disputes.

When to hire an attorney

Hire a probate attorney if you face: disputes among heirs, a complex asset portfolio, significant tax questions, unknown or disputed creditors, or if you need help with court filings and deadlines. An attorney can help interpret statutes, prepare required petitions, and represent the estate in contested matters.

Disclaimer: This article explains general Tennessee probate steps and provides references to Tennessee resources. It is educational only and not legal advice. For advice about a specific situation, you should consult a licensed Tennessee attorney.