Detailed Answer
When a person dies without a valid will (intestate) in Tennessee, the probate court in the county where the decedent was domiciled appoints an administrator to collect assets, pay debts, and distribute the estate to heirs under Tennessee law. Below is a clear, step-by-step overview of how a close family member (for example, an adult child) can apply to serve as administrator and what to expect during the probate process.
Who may serve as administrator?
Tennessee law gives priority to certain family members when appointing an administrator. In practice that usually means the surviving spouse, adult children, parents, or other next of kin may be appointed. The court seeks a suitable, competent person who will act in the estate’s best interests. If you are a close relative, you can ask the probate court to be appointed; if someone else has a higher priority, the court may appoint that person instead.
Step 1 — Confirm the proper jurisdiction
File the administration petition in the probate court of the county where the decedent was domiciled (their principal home) at the time of death. If you are unsure of domicile, the local county clerk or probate judge can help determine which court has authority.
Step 2 — Gather documents and information
- Certified copy of the death certificate.
- Basic information about the decedent (full name, date of birth, last known address, Social Security number if available).
- Names, addresses, and relationships of likely heirs (spouse, children, parents, siblings, etc.).
- List of known assets (bank accounts, real estate, vehicles, life insurance, retirement accounts) and approximate values.
- Copies of any known creditor claims, loan documents, and outstanding bills.
Step 3 — File a petition for administration
Take the collected documents to the probate court clerk and file a Petition for Letters of Administration (or similar pleading). The petition typically asks the court to appoint you as administrator, identifies heirs, lists assets and debts known at filing, and requests authority to act on behalf of the estate. The court clerk can give you the local filing form or direct you to county-specific forms and the required filing fee.
Step 4 — Notice, bond, and hearing
After you file the petition, the probate court will schedule any required hearing and may require you to provide notice to interested parties (such as known heirs and creditors). Tennessee courts commonly require administrators to post a bond (a kind of insurance that protects the estate from mismanagement) unless the court excuses it or the heirs waive the bond. The judge will review the petition, the bond (if required), and any objections before issuing Letters of Administration.
Step 5 — Letters of Administration and acting as administrator
When the judge signs Letters of Administration, you receive legal authority to act for the estate: collect assets, secure property, pay reasonable debts and taxes, file necessary tax returns, and distribute remaining property to heirs according to Tennessee’s intestacy rules. You must keep clear records, file inventories and accountings when required, and follow court orders.
Step 6 — Close the estate
After debts, taxes, and expenses are paid and assets are distributed to heirs, you ask the court to approve a final accounting and discharge you as administrator. Once the court approves, you turn over the distribution and the court closes the estate.
Where to find the law and forms
Key Tennessee statutes and court resources cover probate procedures, appointment of administrators, and intestate succession. For the statutory text and official court guidance, use these state resources:
- Tennessee Code (Probate statutes, Title 30): https://www.capitol.tn.gov/legislation/ — search Title 30 for probate and administration provisions.
- Tennessee Judicial Branch — Probate / Estate information and local court contacts: https://www.tncourts.gov/programs/self-help-center/probate
When you must file where the decedent actually lived
If the decedent’s last legal domicile was in a state other than Tennessee, probate usually must proceed in that state. This article explains Tennessee law and procedures. If the decedent lived in (or owned real estate in) another state, consult that state’s probate rules or a local probate attorney where the decedent lived or owned property.
Common complications
- Disputes among heirs about who should serve or how assets should be distributed.
- Unknown heirs or missing records that delay the process.
- Real property located in another state (may require ancillary probate where the property sits).
- Creditor claims or tax issues that require more complex administration.
Because probate can be technical and emotionally difficult, many people consult a probate attorney for initial guidance, to prepare and file the petition, or to handle contested or complex estates.
Disclaimer: This information is educational and not legal advice. It summarizes general Tennessee probate concepts and procedures. Laws and local procedures change. For advice about your specific situation, contact a licensed Tennessee probate attorney or the local probate court.
Helpful Hints
- Contact the county probate court clerk first — they can confirm local filing forms, fees, and specific steps for that county.
- Obtain several certified death certificates early — agencies and banks usually require originals or certified copies.
- Make an inventory of assets and gather account statements before filing. A clear list speeds the process and reduces later disputes.
- Ask heirs to sign a bond waiver if they agree — that can avoid the cost of a bond if the court accepts the waiver.
- Keep detailed records and receipts for all transactions you make as administrator; you will likely need to file an accounting.
- If the estate is small, ask the probate clerk about simplified or summary administration options available in Tennessee.
- If the decedent owned real estate in another state, contact a local attorney in that state about ancillary probate.
- When in doubt or when disputes arise, seek counsel from a probate attorney to avoid personal liability and ensure the estate is properly administered.