Detailed Answer
If your parent died domiciled in Tennessee and also owned property in another state, you will usually need to open probate in Tennessee and then address any out-of-state real or tangible property through the other state’s process (commonly called ancillary probate or a non-judicial transfer). Below are clear, step-by-step actions to take and the legal concepts that commonly apply in Tennessee.
1. Confirm domicile, locate key documents, and get certified death certificates
First confirm that Tennessee was your parent’s legal domicile (their permanent home). Domicile controls which state has primary probate jurisdiction. Gather the original will (if any), the death certificate, deeds, account statements, life insurance policies, retirement plan paperwork, vehicle titles, social security information, and any pre- or post-death beneficiary designations. Order multiple certified copies of the death certificate from the Tennessee vital records office or the county health department—many institutions will require certified copies.
2. Open probate in the Tennessee county where your parent was domiciled
To administer their estate in Tennessee you normally file the will (if one exists) and a petition for probate or administration with the county probate court or clerk. The court will appoint a personal representative (called an executor if named in a will or an administrator if there is no will) and issue letters testamentary or letters of administration that prove the personal representative’s authority to act. Tennessee probate law is codified in Title 30 of the Tennessee Code (Decedents’ Estates and Fiduciaries); see general provisions at Tenn. Code Ann. Title 30 and administration procedures at Chapter 2.
3. Identify assets that pass outside probate
Some assets avoid probate: assets with beneficiary designations (life insurance, IRAs, 401(k)s), accounts with transfer-on-death or payable-on-death designations, jointly owned property with rights of survivorship, certain small accounts, and trust assets. Before you spend resources on probate for particular assets, check whether they already have a beneficiary designation or form of non-probate transfer.
4. Administer Tennessee estate: inventory, creditor notice, pay debts and taxes
As personal representative you must identify and value estate assets, provide notice to creditors as required by Tennessee law, pay valid debts and funeral expenses from estate funds, and file any necessary estate tax returns. Tennessee currently does not impose a state estate tax; however, federal estate tax rules may apply to very large estates. See Tennessee probate resources at the Tennessee Courts Self-Help site: tncourts.gov – Probate and Estates.
5. Determine whether ancillary probate is required in the other state
If the decedent owned real estate (land or a home) or titled personal property located in another state, that state will generally require a local process to transfer title. Common options:
- Ancillary probate: the executor obtains appointment as an ancillary personal representative in the other state using certified Tennessee letters testamentary/administration and a certified copy of the Tennessee probate court’s order.
- Nonprobate transfers: the property may transfer under a deed with right of survivorship, a transfer-on-death deed (if available), beneficiary designation, or a small-estate affidavit under the other state’s small-estate rules.
Whether you need ancillary administration depends on the other state’s rules and how the property is titled. In many cases you can present certified Tennessee letters testamentary and a certified copy of the will or probate order to the local recorder/registrar or county clerk in the other state to effect a transfer or to start ancillary probate.
6. Start ancillary probate (if needed) in the state where the property sits
To begin ancillary probate you typically submit: (1) certified death certificate(s); (2) certified Tennessee letters testamentary/administration; (3) certified copy of the will or Tennessee probate court order; and (4) local forms and filing fee required by the other state’s probate court or county recorder. The court in the other state will apply its statutes and procedures. Because requirements differ, contact the clerk of court in the county where the property is located or retain local counsel in that state to confirm the exact steps.
7. Close the estate in Tennessee once assets are distributed
After paying debts and distributing estate assets (including transferring out-of-state property via ancillary probate or other transfer), file final accountings and petitions for discharge with the Tennessee probate court so the court can formally close the estate and discharge you as personal representative.
8. Practical legal and tax considerations
- Work with counsel licensed in Tennessee and, if ancillary probate is required, in the state where the property is located. Each state’s probate and real property laws differ.
- Keep careful records of receipts, bills paid, and distributions. Courts expect clear accounting.
- Watch deadlines for creditor claims in Tennessee and in the other state.
- Consult a tax professional about potential federal estate tax, income tax issues, and state filing requirements where the out-of-state property is located.
Key Tennessee statutory references
The principal Tennessee statute set governing probate and fiduciary duties is Tenn. Code Ann. Title 30 (Decedents’ Estates and Fiduciaries). For administration procedures and appointment of personal representatives, see the provisions collected under Title 30 at the Tennessee Legislature site: https://www.capitol.tn.gov/legislation/code/title-30.html. For practical court forms and local procedures consult the Tennessee Courts Self-Help probate pages: https://www.tncourts.gov/programs/self-help/probate-and-estates.
Practical example (hypothetical): Jane Doe lived and died domiciled in Shelby County, Tennessee and named her daughter as executor. Jane also owned a condo in Georgia. The daughter opens probate in Shelby County, obtains letters testamentary, collects certified death certificates, identifies that the condo is titled only in Jane’s name, and then contacts the county probate clerk in the Georgia county where the condo sits to learn that Georgia requires either a small estate affidavit (if the condo value qualifies) or ancillary administration. The daughter provides certified Tennessee letters and a certified copy of the will to start the ancillary process in Georgia and, after the Georgia process completes, conveys the condo title to herself per the Tennessee distribution plan. Jane’s daughter consults Tennessee counsel for the Tennessee probate filings and Georgia counsel for the ancillary transfer to ensure compliance with both states’ rules.
Helpful Hints
- Get at least 10 certified death certificates immediately—most institutions require originals for transfer.
- Search for a will, safe-deposit boxes, and online accounts promptly.
- Check beneficiary designations and title types before starting full probate—many assets pass outside probate.
- Contact the probate clerk in the Tennessee county where your parent was domiciled for local filing steps and fee schedules.
- If property sits in another state, contact that county’s recorder or probate clerk early to learn whether ancillary probate, a small estate affidavit, or a deed transfer will suffice.
- Obtain certified Tennessee letters testamentary/administration from the Tennessee probate court before presenting authority in the other state.
- Keep a separate bank account for estate funds and detailed records of all transactions.
- Consider hiring an attorney in each state if property values or legal issues make cross-state transfers complex or contested.
- Monitor creditor claim deadlines in Tennessee and the state where the property is located; missing deadlines can create liability.
Disclaimer: This article explains general principles under Tennessee law and is for educational purposes only. It is not legal advice. Laws vary by situation and change over time. For advice about your specific situation, consult a licensed Tennessee attorney and, if you have property in another state, an attorney licensed in that state.