Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice on your specific situation.
Detailed Answer
Under Tennessee law, a personal representative (PR) must prepare and file an accounting of estate assets, receipts, disbursements, and distributions. The accounting becomes part of the probate court record, and interested parties—such as heirs, beneficiaries, and creditors—have the right to inspect it.
Statutory Filing Requirements:
- Initial or annual account: Tenn. Code Ann. § 30-2-315 requires the PR to file an initial or annual account unless the court orders otherwise or beneficiaries waive the requirement. Tenn. Code Ann. § 30-2-315.
- Final settlement: When the estate is ready for closing, the PR files a petition for final settlement. The court schedules a hearing and issues notice to distributees and creditors. Tenn. Code Ann. § 30-2-602.
Right to Obtain a Copy: Although Tennessee law does not require the PR to mail a copy of the accounting to every interested person automatically, the probate file is a public record. You may request a copy from the court clerk’s office. In many counties, you can review the documents in person or submit a written request and pay copying fees.
Steps to Obtain the Accounting:
- Identify your status: You must be an interested party (heir, beneficiary, or creditor).
- Contact the probate court clerk: Provide the estate name and docket number.
- Submit a written request: Include your name, contact information, and specific documents (e.g., “Annual Accounting filed June 15, 2023”).
- Pay fees: Counties charge nominal copying or certification fees under Tenn. Code Ann. § 8-21-401 et seq.
If the PR refuses to file an account or you believe the accounting is incomplete, you can file a petition with the probate court to compel filing or to object to the account. The court may hold a hearing to resolve disputes.
Helpful Hints
- Keep records: Note when you request documents and any fees paid.
- Check deadlines: In Tennessee, objections to an account generally must be filed before or at the final settlement hearing.
- Use online portals: Some counties provide online access to probate dockets and documents.
- Seek guidance: A probate attorney can explain complex account entries or disputes.
- Review fee schedules: Each county sets its own clerk’s fees; confirm costs before requesting copies.