Detailed Answer — How appointment works and the steps you’ll take

When someone dies without a will (intestate) in Tennessee, the probate court in the county where the person was domiciled opens an administration case and appoints a personal representative (often called an administrator) to gather assets, pay valid debts, and distribute the estate according to Tennessee’s intestacy rules. The court follows statutory rules about who has priority to serve and what duties the administrator must perform.

Relevant Tennessee law

General probate and administration rules are in Tennessee Code, Title 30 (Estates). See the Title 30 table of contents and relevant chapters on appointment and administration here: Tennessee Code Annotated, Title 30 and the chapter on appointment and letters: Title 30, Chapter 2. These statutes govern who may be appointed, bond requirements, inventories, and creditor notice.

Typical priority for appointment

The court normally gives preference to certain people in this order (general practice — the court has discretion): spouse, adult children, parents, then siblings and other next of kin. If your sister left no spouse, no surviving children, and no parents able to serve, a brother or sister is a typical candidate to be appointed. The court will consider suitability, any objections from other heirs, and whether anyone else with equal or superior priority wishes to serve.

Step‑by‑step process (what you will need to do)

1. Confirm domicile and jurisdiction. File in the probate court of the county where your sister lived (domiciled) at her death.
2. Gather core documents. You will usually need a certified death certificate, identity documents, and any information about assets (bank accounts, real estate, vehicles, safe‑deposit boxes). Even without a will, bring any paper showing relationships (birth certificates, family records) to show you are a sibling.
3. File a petition for letters of administration. Complete the court’s local petition form (sometimes called Petition for Administration or Petition for Letters of Administration). The petition asks the court to appoint you as administrator and to issue Letters of Administration (the document banks and others rely on). The clerk will provide local filing requirements and forms.
4. Give notice to interested persons. The probate clerk will require that notice be given to known heirs and beneficiaries and usually that a public notice to creditors be published. Tennessee statutes and local rules explain the notice timelines; see Title 30 for notice and creditor procedures: Tennessee Code, Title 30.
5. Bond and oath. The court usually requires the administrator to take an oath and post a probate bond unless heirs waive the bond. The bond protects the estate if the administrator mismanages assets. The court sets the bond amount based on estate value.
6. Receive Letters of Administration. Once the court approves your petition, takes your oath, and you post any required bond, the clerk issues Letters of Administration. Those letters legally authorize you to act for the estate (access accounts, collect assets, and pay debts).
7. Inventory, manage assets, and notify creditors. As administrator you must inventory estate assets, safeguard property, notify creditors and pay valid debts in proper order under Tennessee law. Keep careful records and receipts.
8. Distribute the estate and close administration. After debts and taxes are paid and any estate claims resolved, you petition the court for final settlement or closing. The court reviews accounting and approves distributions under Tennessee intestacy rules.

Timing and practical considerations

The initial appointment process (filing petition to issuance of Letters) often takes a few weeks to a few months depending on notice periods and whether anyone contests. Full administration can take several months to a year or more depending on asset complexity (real estate sales, tax matters, creditor claims).

What if someone else objects or a higher‑priority person wants to serve?

If someone with higher priority (for example, a surviving spouse or an adult child) files or objects, the court will resolve competing petitions by applying the statute’s preference rules and evaluating each person’s fitness to serve. If you and another interested person cannot agree, the court decides who is proper to serve.

When a simplified process may be available

Tennessee has expedited or simplified procedures for small estates or when there are minimal or no debts; the exact thresholds and forms vary. Ask the probate clerk about small‑estate options in your county or consult Title 30 for small estate provisions: Tennessee Code, Title 30.

Hypothetical example (illustrates how this typically works)

Suppose your sister died intestate in Davidson County, left no spouse or children, and is survived by you (her brother) and your mother. You file a Petition for Letters of Administration with the Davidson County Probate Court, include a certified death certificate, and list known assets (a checking account and a car). The court schedules the petition, required notices run, no one with higher priority files, and the court appoints you after you take an oath and post the required bond. You then use Letters of Administration to cash the bank account, transfer the car title, notify creditors, pay outstanding bills, and later distribute the remaining funds to the heirs according to Tennessee intestacy rules.

Helpful Hints

• Start by calling the probate clerk in the county where the decedent lived. Clerks provide local forms, filing fees, and step‑by‑step instructions.
• Obtain multiple certified death certificates (banks and agencies typically require originals).
• Make a list of all assets and potential creditors. Collect statements, titles, deeds, and account numbers before your initial filing.
• Ask whether heirs will waive the bond. A signed waiver from all heirs can often eliminate the need for a costly bond.
• Keep detailed records and receipts of all transactions you make as administrator — the court will expect an accounting.
• If a bank or institution refuses to release funds, present your petition receipt and then the Letters of Administration once issued. Many institutions will accept court‑issued letters as proof of authority.
• Consider limited legal help for the petition and for preparing the final accounting if the estate has complex assets or potential creditor/tax issues. Probate forms and rules differ by county.
• If someone contests your appointment, remain professional and let the court resolve priority and fitness questions under Tennessee law.