Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a Tennessee probate attorney.

Detailed Answer

If a sibling has applied for letters of administration (appointment as administrator of an intestate estate) in Tennessee and you want to challenge that application, you must act through the county probate court where the decedent’s estate is being administered. Tennessee law and local probate rules control the exact procedure and timelines, but the overall process follows a few common steps: determine standing, identify legal grounds to object, file a written objection or petition with the probate court, serve interested parties, attend a court hearing, and present evidence. Key Tennessee resources and general statutes about probate and administration are found under Title 30 of the Tennessee Code; see the Tennessee Code overview at the Tennessee government site: https://www.tn.gov/content/tn/legislative/legal-resources/tennessee-code/tn-code-annotated.html and probate self-help information at the Tennessee courts site: https://www.tncourts.gov/programs/self-help/probate.

Who can formally object?

Anyone with legal standing in the estate typically can object. That usually includes people who are heirs at law, a surviving spouse, a creditor with an interest in the estate, or another person who claims priority to appointment. If you are a sibling and you believe you have higher priority or other legal grounds, you normally have standing to challenge the application.

Common legal grounds to challenge an application

• Priority: Tennessee law establishes a priority list for who may be appointed administrator. If someone with higher priority (for example a surviving spouse or another closer heir) applied or is available, you can object.
• Incapacity or unfitness: Allegations that the applicant lacks mental capacity, is addicted to drugs or alcohol, is incompetent to handle estate affairs, or has a history that makes them unsuitable.
• Conflict of interest or criminal convictions: If the applicant has conflicts which could harm the estate or is disqualified by law (for example certain convictions in some jurisdictions), you may object.
• Failure to give required notice or improper procedure: If the applicant or the court failed to follow required notice procedures under Tennessee probate practice, you can raise that issue.
• Fraud or misrepresentation: If the application contains false statements or material omissions, you can contest.

Step-by-step procedure (typical)

1. Act quickly. File your objection as soon as you know of the application. Time can be critical.
2. Confirm where the proceeding is filed. Challenges must be filed in the probate court handling the estate (county court or probate division).
3. Gather documents. Get a copy of the application for letters, any filed affidavits, the death certificate, and any notices the court or applicant issued. Collect evidence supporting your objection (medical records, criminal records, witness statements, financial records, etc.).
4. File a written objection or petition. Many counties accept a document titled “Objection to Application for Letters of Administration,” “Petition to Contest Appointment,” or similar. The filing should identify the estate, name the decedent, state your relationship, state the specific grounds and facts supporting your objection, and request the relief you want (denial of letters, appointment of a different administrator, hearing, temporary restrictions, etc.).
5. Serve all interested parties. After filing, serve the applicant, other heirs, and anyone the court requires. Service rules vary by county; the court clerk can explain local requirements.
6. Request a hearing. Ask the court to set a hearing date so you can present evidence and witnesses. If letters have not yet been issued and you fear imminent harm to the estate, ask the court for expedited relief or temporary orders (for example, stay issuance or require the applicant to post bond).
7. Attend the hearing and present your evidence. Be organized. Bring exhibits, witnesses, and legal argument that support your stated grounds.
8. If letters have already been issued, file a petition to revoke or remove the administrator. Many courts permit post-appointment contests and will consider petitions for removal for cause or for revocation of letters based on new evidence or proof the appointment was improper.

What to expect at the hearing

The judge will consider testimony, documents, and any statutory priorities or disqualifying facts. The court may deny the application, appoint a different person, impose supervision, require the administrator to post bond, or, if letters were already issued, remove the administrator for cause. Outcomes vary depending on the proof and local practice.

Statutes and rules to consult

Tennessee’s probate process and administrator appointments are governed by Title 30 of the Tennessee Code and local probate court rules. For text and guidance, start here:

• Tennessee Code (Title 30 and related sections): https://www.tn.gov/content/tn/legislative/legal-resources/tennessee-code/tn-code-annotated.html
• Tennessee Courts — probate self-help and forms: https://www.tncourts.gov/programs/self-help/probate

Because local practice and statute citations vary by county, check the specific county probate court website and local rules for filing forms, filing fees, and service methods.

When to get an attorney

Contests can become fact-intensive and adversarial. Hire an attorney if the estate is large, if allegations are complex (fraud, incapacity, criminal history), if the other party has counsel, or if you need to file emergency motions. An attorney can prepare pleadings, gather admissible evidence, and present arguments at hearings.

Helpful Hints

• File promptly. Delay can lose your right to meaningful relief.
• Talk to the probate clerk. Court clerks often explain filing steps, fees, and hearing scheduling (clerk cannot give legal advice).
• Collect documents quickly. Death certificate, application copy, and any correspondence help build your case.
• Preserve evidence. Save texts, emails, medical records, or police reports that support incapacity, dishonesty, or unfitness.
• Use clear, factual statements in your objection. Judges focus on concrete proof, not accusations without evidence.
• Serve everyone properly. Improper service can delay the case or result in dismissal of your objection.
• Consider mediation. Some probate disputes settle through negotiation, which can save time and cost.
• Ask the court to require a bond or supervision if you fear mismanagement while the dispute is pending.
• If unsure, consult a Tennessee probate attorney early — many offer initial consultations to explain options and likely outcomes.