Detailed Answer
Under Tennessee law, the probate court follows a strict hierarchy when appointing a personal representative for an intestate estate. The list of priority is set out in Tenn. Code Ann. § 30-1-107 (2020). It begins with the surviving spouse, then the descendants, parents, siblings, and so on. If you are not the top‐priority heir but wish to serve as administrator, you must address or remove the higher‐priority heir’s right to appointment.
Here are the primary methods to obtain appointment despite a higher‐priority heir:
- Waiver or Renunciation by the Higher‐Priority Heir: Under Tenn. Code Ann. § 30-1-108, an heir may file a written renunciation of their right to appointment. Once the higher‐priority heir signs and files this renunciation, the next eligible person moves up the list.
Tenn. Code Ann. § 30-1-108 - Demonstrate Ineligibility or Disqualification: The court may disqualify a higher‐priority heir if they are under age, lack capacity, have a felony conviction within 15 years, reside outside a permissible jurisdiction, or fail to qualify within the statutory time.
Tenn. Code Ann. § 30-1-109 - Failure to Qualify: If the heir does not appear or fails to post bond (when required) within the period set by the court, the court may skip them and appoint the next eligible applicant.
- Petition Showing Cause: File a petition asking the court to remove or bypass the higher‐priority heir for reasons of misconduct, conflict of interest, or inability to administer the estate properly.
Tenn. Code Ann. § 30-1-107
Once the higher‐priority heir’s rights are waived, disqualified, or they fail to qualify, you, as the next eligible heir or applicant, can petition for letters of administration. You must file your petition in the county probate court where the decedent lived, include a statement of your qualifications, and pay any required bond or fees.
Helpful Hints
- Review the full hierarchy in Tenn. Code Ann. § 30-1-107 before filing.
- Obtain a written renunciation from the higher‐priority heir early to avoid delays.
- Check the court’s local rules for bond amounts and qualification deadlines.
- Prepare evidence if you must show disqualification (e.g., proof of felony conviction).
- Keep all documents—petitions, waivers, proof of service—in the probate file.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney before taking any action.