Detailed Answer

Managing an estate that holds assets across multiple counties or jurisdictions can add complexity to probate. In Tennessee, probate courts operate at the county level. You generally need only one administration if all assets lie within Tennessee. However, when assets cross state lines, ancillary administration may apply. Below is an overview of each scenario and practical steps you should follow.

Assets Within Multiple Tennessee Counties

Probate matters in Tennessee are handled by the Chancery Court (or probate division) in the decedent’s home county. Under T.C.A. § 30-2-301, venue lies in the county where the decedent resided at death. You file one petition for probate there—even if real estate or bank accounts exist in other Tennessee counties. The appointed executor (or administrator) gathers assets statewide and distributes them according to the will or intestacy statutes.

Assets in Another State (Ancillary Probate)

If a decedent owned real estate or tangible property outside Tennessee, you may need ancillary probate in that jurisdiction. Tennessee law recognizes this under T.C.A. § 30-1-104. First, open primary probate in Tennessee and obtain Letters Testamentary or Administration. Next, use those letters to file an ancillary petition in the state where the out-of-state assets lie. This ensures clear title transfer and compliance with local rules.

Practical Steps

1. Locate the will and certified death certificates.
2. Identify the decedent’s home county for primary probate.
3. Inventory all assets by location—Tennessee counties versus other states.
4. File for primary probate in the home county court; secure Letters Testamentary or Administration.
5. Record certified court documents in other Tennessee counties’ Register of Deeds for real property transfers.
6. Initiate ancillary probate in each foreign jurisdiction holding real estate or tangible assets, using your Tennessee letters.
7. Consult local counsel in other states if their probate rules differ significantly.

Statutory References

• T.C.A. § 30-2-301 (Venue for Probate)
• T.C.A. § 30-1-104 (Ancillary Administration)

Helpful Hints

• Begin probate in the decedent’s home county to avoid duplicate filings.
• Maintain a detailed asset register organized by county and state.
• Obtain multiple certified copies of Letters Testamentary or Administration.
• Note state-specific deadlines for ancillary probate petitions.
• Engage a local attorney for complex multi-state real estate or business interests.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.