Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Tennessee for advice on your specific situation.
Detailed Answer
Under Tennessee law, a personal representative (executor or administrator) must file a final accounting and petition for distribution no later than 12 months after letters testamentary or letters of administration are issued. See Tenn. Code Ann. § 30-2-311(a) (link).
Statutory Basis
Tenn. Code Ann. § 30-2-311(a) requires a filing within a year. If additional time is needed, the court may grant an extension upon good cause shown.
Step-by-Step Procedure to Request an Extension
- Review Local Rules: Confirm any county-specific probate rules or local court requirements.
- Prepare a Written Motion: Title it “Motion for Extension of Time to File Final Accounting.” Include:
- Case caption (estate name, court, case number)
- Statement of compliance with initial deadlines
- Explanation of why the extension is needed (e.g., complex assets, third-party delays)
- Proposed new deadline
- File and Serve the Motion: File the original motion with the probate court clerk and serve all interested parties (heirs, beneficiaries, and creditors) per Tenn. R. Civ. P. 5.
- Notice of Hearing: If the court requires a hearing, file a Notice of Hearing or follow the court’s scheduling procedure.
- Attend Hearing (if required): Be prepared to explain the reasons for extension and answer any questions.
- Obtain Court Order: If the court grants your request, you will receive an order specifying the new deadline for filing your final accounting.
Key Considerations
- Good Cause Requirement: Courts generally require specific reasons such as pending asset valuations, tax issues, or unresolved creditor claims.
- Notice Requirements: Ensure all parties receive timely notice of both the motion and any scheduled hearing.
- Timely Follow-Up: Mark the new deadline on your calendar and begin preparing your accounting immediately to avoid a second extension.
Helpful Hints
- Consult Local Probate Court Website: Some counties provide motion templates and local rules online.
- Attach Supporting Documents: Include appraisals, tax filings, or correspondence demonstrating why more time is needed.
- Communicate with Beneficiaries: Inform heirs and creditors of delays to reduce objections at the hearing.
- Consider Simplified Accounting Options: If the estate qualifies for a simplified or small-estate procedure, investigate whether you can close the estate without a full final accounting.
- Maintain Clear Records: Document all efforts to complete the accounting, from asset valuation to creditor communications.