Disclaimer: This article provides general information about Tennessee probate law. It does not constitute legal advice. Always consult an attorney to address your specific situation.
Detailed Answer
Who Qualifies as an Interested Party?
Under Tennessee law, an “interested party” includes any person entitled to share in the estate by blood, marriage, will or intestate succession. Examples include heirs, beneficiaries named in a will and creditors. See T.C.A. § 30-1-101(17) for definitions.
Where to File: Venue Requirements
You must file in the probate division of the Chancery Court or Circuit Court in the county where the decedent lived at death. If the decedent owned real property in another county, you can also file there. See T.C.A. § 30-2-201.
Steps to Open Probate
- Obtain a certified death certificate. You need multiple certified copies to file with the court and to notify third parties.
- Identify the decedent’s assets and debts. Prepare an inventory of bank accounts, real estate, personal property and outstanding liabilities.
- Prepare and file the petition. Use the statewide probate court forms or your county’s local packet. The petition typically asks for the decedent’s information, heirs or beneficiaries, and whether there is a will.
- File supporting documents. Attach the original will (if any), the death certificate and any required filing fee. Fees vary by county but generally range from $100 to $200.
- Serve notice to interested parties. Tennessee law requires you to notify heirs, beneficiaries and known creditors. Publication in a local newspaper may also be required for unknown creditors.
- Attend the probate hearing. The judge will confirm your status, review the will (if one exists) and approve your appointment as executor or administrator.
- Receive letters testamentary or letters of administration. Once appointed, you receive official documents granting authority to collect assets, pay debts and distribute property.
Timeline and Costs
In most Tennessee counties, probate opens within 4–8 weeks after filing, assuming no disputes. Total court costs average $100–$200. Additional costs may include publication fees and attorney fees.
Helpful Hints
- Double-check venue: filing in the wrong county delays the process.
- Include all heirs’ current addresses to avoid extra notices.
- Keep detailed records of all communications and expenses.
- Consider hiring a probate attorney for estates with complex assets or family disputes.
- Use certified mail when serving notices to ensure proof of delivery.
- File an estate inventory within 90 days of appointment to comply with T.C.A. § 30-2-302.