Can a next of kin be appointed estate administrator in Tennessee? — FAQ

Short answer: Yes. In Tennessee, a next of kin can be appointed as the estate administrator (sometimes called a personal representative) when a person dies without naming an executor or when the named executor cannot or will not serve. The court gives priority to certain relatives and will appoint a qualified, competent person who meets statutory requirements. This article explains who qualifies, the usual priority order, disqualifications, and the steps to get appointed in Tennessee.

Disclaimer

This information is educational only and not legal advice. Laws change and every case has unique facts. Consult a licensed Tennessee probate attorney or the local probate court for advice about your situation.

Detailed answer — how next of kin qualify under Tennessee law

1. Who decides appointment?

The probate court in the county where the decedent was domiciled (lived) at death oversees appointment of an administrator. If the decedent signed a valid will that names an executor, the court ordinarily appoints that person. If there is no valid appointment in a will or the nominated person cannot serve, the court appoints an administrator according to statutory priority among next of kin and other interested parties. See Tennessee probate resources and the Tennessee Code (Title 30) for the statutory framework: Tennessee Code Online (Capitol) and the Tennessee courts’ probate self-help pages: Tennessee Courts — Probate Self-Help.

2. Basic qualifications for a next of kin to serve

• Age and capacity: Typically the person must be an adult of sound mind (able to understand and perform fiduciary duties).
• Legal standing: The person must be an interested party (a next of kin, devisee or creditor who has standing under the probate rules).
• No disqualifying legal disabilities: Certain criminal convictions, unresolved incapacitation, or conflicts of interest (for example, a person under guardianship) may prevent appointment unless rights have been restored or the court finds appointment appropriate.
• Willingness and ability to serve: The court will appoint someone who is willing to accept the duties and able to manage estate administration (or who will hire help such as an attorney or accountant).

3. Priority among next of kin — who gets preference

When multiple people ask to be appointed, Tennessee law directs the court to follow a priority order. While the exact statutory language should be reviewed for details, the common practical priority is:

1. Person nominated as executor in a valid will (if any) and who qualifies and accepts.
2. The surviving spouse (especially if the spouse is the sole or primary heir).
3. Adult children or their descendants.
4. Parents of the decedent.
5. Siblings and more remote next of kin in order of kinship.
6. Creditors or other interested parties, if no suitable kin will serve.

The court’s duty is to appoint a person who both has priority and is suitable. If a higher-priority person declines or is unsuitable, the court moves to the next person in the order.

4. Common disqualifications and practical concerns

• Felony convictions: Some convictions, especially recent or serious felonies, can disqualify a person until civil rights are restored. Check the specific statutory bar or ask the court.
• Undischarged bankruptcy or conflicts: While not always a bar, financial conflicts can make the court less likely to appoint someone without proper safeguards (e.g., bond).
• Minor children or incapacitated persons cannot serve as administrator unless the court grants an exception and appoints a guardian ad litem or co-administrator.

5. Formal steps to become appointed

Typical steps a next of kin follows to be appointed as administrator in Tennessee:

1. Locate the decedent’s will (if any) and gather basic documents: death certificate, list of heirs, asset information.
2. File a petition for letters of administration (or petition for probate if there is a will) in the probate court of the county where the decedent lived.
3. Provide required notices to heirs and publish notice if required by local court rules.
4. Post a bond if the court requires one. A will sometimes waives bond; otherwise Tennessee law and the court set bond amount. The bond protects the estate from mismanagement.
5. Attend a court hearing if the court requires one. If the court approves, it issues letters of administration (or letters testamentary for an executor) giving the appointee authority to act on behalf of the estate.
6. Carry out administration duties: inventory assets, notify creditors, pay bills and taxes, and distribute the estate according to the will or intestacy rules once claims are resolved.

Most probate courts have local forms and may offer guidance. See the Tennessee courts’ self-help resources: https://www.tncourts.gov/programs/self-help/probate.

6. When it’s wise to involve an attorney

If the estate has significant assets, disputes among heirs, a complex will, unknown creditors, or potential disqualification issues, a probate attorney can help prepare the petition, handle notices, advise on bond and taxes, and represent the administrator in court. If you expect conflicts with other family members or the estate is large or out-of-state, consult an attorney early.

Helpful Hints

• Start by locating the will and the death certificate. These speed the process.
• Call the local probate court clerk’s office — they can explain local filing requirements and provide forms.
• Collect a list of likely heirs and their contact info before filing; courts require notice to interested persons.
• Be prepared to post a bond unless the will waives it or the court excuses it for a good reason.
• Ask whether the decedent owned property in other states — you may need ancillary probate there.
• Keep detailed records and receipts; the administrator must account for actions to the court and heirs.
• If someone contests your appointment, remain professional and get legal counsel promptly.
• Use reputable local resources: Tennessee Code (Title 30 — probate statutes) at https://www.capitol.tn.gov/ and Tennessee Courts probate self-help pages at https://www.tncourts.gov/programs/self-help/probate.

Quick checklist to file as an administrator (summary)

• Death certificate
• Original will (if any)
• Petition for administration (local probate form)
• List of heirs and addresses
• Proof of identity and age for the petitioner
• Bond (if required)
• Filing fee

Being a next of kin gives you standing and often priority to serve as administrator, but you still must meet statutory and court standards. If you are considering petitioning to serve, contact the local probate court and consider consulting a Tennessee probate attorney to review your specific circumstances.