Can you be appointed administrator for a sibling who died without a will? (Tennessee)

Short answer: Yes — if your sibling died intestate (without a will) and no one with a higher priority (for example a surviving spouse or children) seeks appointment, you can petition the probate court where your sibling lived to be appointed as the estate’s personal representative (commonly called an administrator). You must meet the court’s basic qualifications and follow Tennessee probate procedures.

Detailed answer — how the process works in Tennessee

This section explains the typical path to appointment and the practical steps you will take. It assumes a common hypothetical fact pattern: your sibling (the decedent) lived in Tennessee, died without a will, left no spouse and no descendants, and you are an adult sibling who wants to handle the estate administration.

1. Who has priority to be appointed?

Tennessee law sets a priority order for who the probate court should appoint as personal representative when someone dies without a will. The court normally looks first to the surviving spouse, then to children or their descendants, and then to other next of kin such as parents or siblings. If there is no spouse, no descendants and no surviving parents, a sibling is typically next in line and may be appointed.

See Tennessee probate statutes governing appointment and intestacy for statutory priority rules. For a starting reference to Tennessee probate law, see the Tennessee Code (Title 30) on the Tennessee General Assembly site: https://www.capitol.tn.gov/. (Search Title 30 for statutes on appointment of personal representatives and intestate succession.)

2. Basic qualifications to serve

• You must be legally competent and of the age required by the court (generally an adult).
• You must not be disqualified under any specific statute or court rule (for example certain conflicts or incapacity issues).
• You must be willing to accept the duties and, if required, post a bond or obtain bond waiver from entitled heirs.

3. Where to start — filing in the right court

File a petition for appointment of a personal representative (often called “petition for letters of administration”) in the probate court of the county where the decedent was domiciled at death. The petition asks the court to appoint you as administrator. Attach a certified copy of the death certificate if available.

4. What the petition typically asks and what you must bring

• Proof of death (death certificate).
• Your identification and contact information.
• A list or statement of known heirs and next of kin and their contact information.
• A statement describing known estate property, or that the estate is small (if you are seeking a small-estate procedure).
• Information about any known creditors or outstanding debts, if available.

5. Bond requirement and waivers

Probate courts commonly require a fiduciary bond (an insurance-like guarantee) to protect estate creditors and heirs from mismanagement. The court sometimes allows the bond to be waived or reduced if all interested persons entitled to appointment consent in writing. Discuss bond options with the clerk or judge when you file.

6. Letters of administration

If the court approves your petition, it will issue “letters of administration” (or “letters testamentary” if there had been a will). These are the court documents that give you legal authority to collect assets, deal with banks, transfer property, and pay debts and taxes.

7. Duties after appointment

• Identify and gather estate assets.
• Provide notice to creditors and publish notice where required.
• Provide an inventory and appraisals if the court requires.
• Pay lawful debts, final bills, and taxes from estate funds in the order the law requires.
• Account to the court and the heirs and, when appropriate, distribute remaining assets to heirs under Tennessee’s intestacy rules.

8. Small-estate and simplified procedures

Tennessee has procedures that allow transfer of certain small estates or specific types of assets (for example, payable-on-death accounts or small personal property) without full probate. If the estate’s size meets statutory limits or the assets are payable to named beneficiaries, you may be able to use a simplified method. Check the probate court rules or ask the clerk whether a small-estate affidavit or summary administration is available for the estate you are handling.

9. What if heirs object or other people seek appointment?

If another person with higher priority petitions for appointment or an heir objects, the court will hold a hearing and decide based on statutory priority and evidence. If heirs cannot agree, consider hiring an attorney to represent the estate or to represent you at the hearing.

10. Practical timeline

Filing the petition and getting appointed can take a few weeks to a few months depending on the county, whether notice must be published, whether heirs consent, and whether there are disputes. After appointment, the length of administration varies with the complexity of the estate, creditor claims, tax issues, and how quickly assets can be collected and distributed.

Key Tennessee statutes and resources

Relevant Tennessee statutes are in Title 30 of the Tennessee Code (probate and fiduciary law) and parts of the statutes covering intestate succession. You can review the Tennessee Code at the Tennessee General Assembly website: https://www.capitol.tn.gov/. For practical court forms and self-help resources, see the Tennessee courts self-help pages: https://www.tncourts.gov/.

Hypothetical example

Hypothetical facts: Jane Doe (residing in Nashville) died without a will. Jane had no spouse or children and her parents predeceased her. Her brother (you) lives in Tennessee and wants to handle her estate.

Steps you would take: (1) Confirm Jane’s domicile was Nashville and identify the Davidson County probate court; (2) gather Jane’s death certificate, your ID, and information about her assets; (3) file a petition for letters of administration in Davidson County probate court asking to be appointed; (4) if all heirs whose consent matters agree, ask the court to waive bond or accept a reasonable bond; (5) once issued, use the letters to collect assets, notify creditors, inventory estate property, pay lawful debts, and distribute remaining assets to the heirs identified by Tennessee intestacy rules.

Helpful hints

• Contact the probate clerk in the county where the decedent lived before filing. Clerks can explain local filing steps and required forms.
• Get multiple certified copies of the death certificate — banks and agencies often require them.
• Identify and list all potential heirs before filing. Providing full heir contact information speeds up the process and helps with bond waivers.
• Ask about small-estate procedures if the estate has only modest assets — they can avoid full probate.
• Keep thorough records and receipts for every asset you collect and every expense you pay as administrator; the court will want accounting records.
• If heirs agree, have them sign consents or waivers in writing — these can reduce the need for bond and speed appointment.
• If anyone disputes appointment or there are complex assets (real estate, business interests, tax issues), consult an attorney experienced in Tennessee probate law.

Checklist before you file

1. Confirm decedent’s county of residence at death.
2. Obtain certified death certificate(s).
3. List known assets and likely creditors.
4. Compile contact info for all next-of-kin and potential heirs.
5. Decide whether you can post a bond or get heirs to waive it.
6. Visit the county probate court’s website or office to obtain the correct petition form and filing fee information.

Disclaimer: This article explains general Tennessee probate concepts and common steps for seeking appointment as an administrator when a sibling dies intestate. It does not provide legal advice and does not create an attorney-client relationship. Laws change and probate procedures vary by county. For advice about your specific situation, contact a Tennessee probate attorney or the local probate court.