Detailed Answer
When a person dies in Tennessee, the personal representative must open probate. They identify estate assets, notify creditors, resolve valid claims, pay expenses, and then distribute any remaining property to heirs. This process ensures that estate expenses and creditor claims receive priority before beneficiaries inherit assets.
1. Open Probate and Appoint a Personal Representative
To begin administration, someone files the decedent’s will (if one exists) or a petition for administration. The court then appoints a personal representative with authority to manage the estate, settle debts, and distribute assets. See Tenn. Code Ann. § 30-2-101.
2. Notify Creditors
The representative must inform known creditors by mail and unknown creditors by publishing a notice in a local newspaper. Tennessee law allocates up to one year for creditors to file claims. Key statutes include:
- Notice to known creditors: See Tenn. Code Ann. § 30-2-306.
- Publication for unknown creditors: See Tenn. Code Ann. § 30-2-307.
- Filing deadline: Creditors must present claims within one year per Tenn. Code Ann. § 30-1-106.
3. Review, Allow or Disallow Claims
The representative reviews each claim and decides whether to allow it. If a creditor disputes a disallowed claim, they may file an objection in court. See Tenn. Code Ann. § 30-3-305.
4. Pay Expenses and Valid Claims
After approving claims, the representative pays debts in the order specified by statute. A typical priority sequence is:
- Funeral and last illness expenses.
- Administration costs (court and attorney fees).
- Secured and unsecured creditor claims.
- Estate taxes.
See Tenn. Code Ann. § 30-1-110 for payment order.
5. Petition for Final Distribution
Once the estate pays valid expenses and claims, the representative submits a final accounting to the court. After court approval, the representative distributes the remaining assets to heirs. See Tenn. Code Ann. § 30-2-310.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney to discuss how Tennessee law applies to your specific situation.
Helpful Hints
- Gather and organize the decedent’s bills, statements, and insurance policies early.
- Send notices to all known creditors by certified mail and request return receipts.
- Publish the required notice in a local newspaper to reach unknown creditors.
- Keep a detailed log of all claims received, dates of notice, and payments made.
- Consult a probate attorney if you face complex disputes or large creditor claims.
- File deadlines for creditor claims are strict—missing a deadline can bar recovery.