Requesting an Accounting of Estate Assets in Tennessee Probate Court

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Short answer: Yes. Under Tennessee probate practice, an interested person (for example, an heir, beneficiary, devisee, or creditor) can ask the probate court to require a personal representative or executor to provide an accounting of estate assets and transactions. The court can order periodic or final accounts, compel production of records, and impose remedies if the fiduciary has mismanaged the estate.

Who may demand an accounting?

An “interested person” generally includes beneficiaries named in the will, heirs at law, devisees, and creditors with a valid claim. If you are unsure whether you qualify, check the court file for the estate or consult local court rules or an attorney. Tennessee probate practice is governed by the Tennessee Code (Title 30) and the probate court’s local rules; you can review the code and court self-help resources for guidance (see links below).

What types of accountings exist?

  • Interim (periodic) accounting: A court can require periodic reports while the estate is being administered if concerns arise or if the court finds them necessary.
  • Final accounting: Before the personal representative is discharged and the estate is closed, the representative usually must file a final account showing all receipts, disbursements, distributions, and fees.
  • Informal accounting or inspection: In many cases you can request copies of inventories, bank statements, receipts, and the estate file without formal court proceedings; if the fiduciary refuses, you can ask the court to compel production.

How to ask the court for an accounting (practical steps)

  1. Confirm your standing: Make sure you are an interested person for this estate (beneficiary, heir, or creditor).
  2. Request information informally first: Ask the personal representative in writing for the inventory, receipts, bank statements, list of distributions, and the estate petition and orders. Keep copies of your request and any responses.
  3. Check the probate file: Visit the probate clerk’s office or online docket to review pleadings, inventories, and filed accountings already on record.
  4. If informal efforts fail, file a petition or motion: File with the probate court a petition asking the judge to order the personal representative to file an accounting or to produce specific records. Typical names for these filings include “petition for accounting,” “motion to compel accounting,” or “petition for citation to show cause.” Follow local filing rules and properly serve the personal representative.
  5. Prepare facts and evidence: Explain why you seek an accounting: missing distributions, unexplained transactions, potential conflicts of interest, or lack of transparency. Include dates, amounts, and any supporting documents.
  6. Attend the hearing: The court may set a hearing. Be ready to explain your request. The judge can order the fiduciary to produce documents, to file a detailed accounting under oath, or to appear and explain transactions.
  7. Remedies if the accounting reveals problems: If the accounting shows mismanagement, the court may surcharge the fiduciary (order repayment), remove and replace the fiduciary, order restitution, and/or refer the matter for further civil or criminal proceedings, depending on the conduct found.

What documents should an accounting include?

A thorough accounting should itemize:

  • All receipts (sale of assets, income, reimbursements)
  • All disbursements (bills paid, taxes, funeral expenses, loans)
  • Dates and descriptions of asset sales or transfers
  • Bank statements and canceled checks or electronic transaction records
  • List of distributions to beneficiaries with dates and amounts
  • Fees paid to attorneys, agents, or to the personal representative
  • Inventory and appraisement of estate assets

When will the court require an accounting?

The court may require an accounting when:

  • an interested person requests one and shows a legitimate reason;
  • there is a dispute among beneficiaries;
  • there are allegations of wrongdoing, self-dealing, or mismanagement;
  • the fiduciary seeks approval of fees or distribution and the court needs details before entry of final orders.

Where to find Tennessee law and forms

Probate administration and fiduciary duties appear in Tennessee statutory law (Title 30 and related provisions). For the official Tennessee Code and statute text, consult the Tennessee General Assembly site: https://www.capitol.tn.gov/. For practical information and some self-help probate materials, see the Tennessee Courts self-help pages: https://www.tncourts.gov/programs/self-help/estate-probate.

When to hire an attorney

If the estate accounting is complex, if you suspect fraud or breach of fiduciary duty, or if the personal representative resists producing records, you should consult a probate attorney. An attorney can prepare and file the proper petition, gather evidence, and represent you at hearings. If cost is a concern, ask attorneys about fee structures and whether the estate may pay for legal work if the court approves it.

Examples of common outcomes

  • The court orders the fiduciary to file a full accounting and to produce bank records within a set period.
  • The fiduciary files a complete accounting; the parties review it and resolve disputes by agreement or through motions.
  • The accounting shows breaches of duty; the court orders restitution or removal of the fiduciary and awards costs and fees.

Important: This article explains general procedures and common practice under Tennessee probate law. It does not cover every factual situation. For statute text and precise legal standards, consult the Tennessee Code and local court rules (see links above).

Disclaimer

This information is for educational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Tennessee attorney.

Helpful Hints

  • Start by requesting records informally in writing; courts often favor parties who tried to resolve issues before filing motions.
  • Keep careful notes with dates of requests and any responses from the personal representative.
  • Make a checklist of documents to ask for: inventory, bank statements, receipts, distribution list, petitions, and court orders.
  • If you fear asset dissipation, consider asking the court for emergency relief (freeze, citation, or temporary orders).
  • Ask the probate clerk how the court prefers petitions to be filed and whether local forms exist.
  • When you file a petition, follow service rules exactly so the court will consider your request promptly.
  • Preserve evidence of any suspicious transactions (e.g., transfers to the fiduciary or to related parties).
  • If the estate lacks funds to pay an attorney you hire, discuss whether court-ordered reimbursement from the estate is possible after successful claims.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.