Detailed Answer

When a person dies in Tennessee without a valid will or if the named executor cannot serve, the court appoints an administrator to manage the decedent’s estate. Tennessee law imposes specific mechanisms to ensure this fiduciary handles estate duties properly and secures any required bond.

Bond Requirement and Oath

Before distributing any assets, the administrator must take an oath and post a surety bond guaranteeing faithful performance. Under Tenn. Code Ann. § 30-1-301 et seq. (Title 30, Chapter 1), the bond amount typically equals the value of the estate’s personal property. This bond protects creditors and heirs if the administrator mismanages funds.

Inventory and Notice to Creditors

Within three months of appointment, the administrator must file an inventory of estate assets. See Tenn. Code Ann. § 30-2-301 (Title 30, Chapter 2). The administrator also publishes notice to creditors in a local newspaper, ensuring potential claimants have the opportunity to file timely claims.

Periodic Accountings and Court Supervision

Tennessee law requires the administrator to render final and, if ordered, annual accountings. Under Tenn. Code Ann. § 30-2-305 (Title 30, Chapter 2), the probate court reviews receipts, disbursements, and sales of assets. Interested parties may object, and the court can surcharge (financially penalize) the administrator for breaches of duty.

Removal and Surcharge for Misconduct

If the administrator fails to comply with duties or bond terms, any interested party can petition the court for removal. The court may also order surcharge under Tenn. Code Ann. § 30-1-322 (Title 30, Chapter 1) for mismanagement or malfeasance. This holds the administrator personally liable for losses caused by misconduct.

Closing the Estate

Once the court approves the final accounting and resolves creditor claims, the administrator distributes remaining assets to heirs. The court then discharges the administrator and releases the bond. This final oversight ensures compliance from appointment through distribution.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney to address your specific circumstances.

Helpful Hints

• Confirm bond amount with the probate clerk.
• Track deadlines for inventory and creditor notices carefully.
• Maintain detailed records of all estate transactions.
• Consult the probate court’s rules for filing accountings.
• Seek legal counsel if you face objections or petitions against the administrator.