Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Tennessee to address your specific situation.
Detailed Answer
Under Tennessee law, beneficiaries possess statutory rights to review estate administration and demand distribution of their inheritance. When an estate administrator (also called a personal representative) delays or refuses to pay your share, follow these steps to compel payment:
1. Review the Will and Letters of Administration
Confirm your status as a beneficiary by examining the decedent’s will and the Letters of Administration issued by the probate court. These documents define your entitlement and the administrator’s authority.
2. Demand an Accounting
Tennessee Code Annotated § 30-1-117 grants beneficiaries the right to ask for a written accounting of estate transactions. Send a formal written request to the administrator, asking for details on asset management, expenses paid, and distributions made so far. Include a clear deadline (e.g., 14 days) for the response.
Reference: Tenn. Code Ann. § 30-1-117 (codified at title 30, chapter 1, section 117).
3. Petition the Probate Court to Compel Distribution
If the administrator fails to respond or unjustifiably withholds your share, file a Petition to Compel Distribution in the probate court that opened the estate. Request a hearing and an order directing the administrator to pay the balance of your inheritance.
Key statute: Tenn. Code Ann. § 30-2-310 (final accounts and distribution).
4. Seek Removal of the Administrator
If you suspect misconduct, negligence, or a breach of fiduciary duty, petition the court for removal. Tennessee Code Annotated § 30-1-403 permits removal when the administrator fails to perform duties or acts improperly.
Reference: Tenn. Code Ann. § 30-1-403 (ground for removal).
5. Claim Damages or Surcharge the Administrator
After removal or alongside it, you can ask the court to surcharge (financially penalize) the administrator for losses caused to the estate. This remedy holds them personally liable for mismanagement.
6. Consider Mediation or Settlement
Many probate courts encourage mediation to resolve disputes without protracted litigation. Mediation can yield a binding agreement for payment schedules or other terms.
Helpful Hints
- Keep all communications in writing and maintain copies.
- Observe all deadlines set by the probate court.
- Gather bank statements, receipts, and any estate documents you can access.
- Ask the administrator to provide a proposed distribution schedule in writing.
- Attend probate hearings to stay informed and demonstrate your involvement.
- Consult a Tennessee probate attorney if court procedures seem confusing or contested.