Detailed answer — your rights and the steps you can take

If you are an interested person (for example, a beneficiary, heir, or creditor) in a Tennessee probate matter, a person appointed as a personal representative (administrator or executor) has legal duties to identify, preserve, and report estate assets to the probate court and to interested persons. If the proposed or appointed administrator is withholding asset information and estate documents from you, Tennessee law and the probate court provide several practical and formal remedies.

1. Who is an “interested person” and what access should you expect?

Typical interested persons include heirs named by statute, beneficiaries named in a will, and known creditors. As an interested person you generally have the right to know what property is in the estate, to see the inventory, and to receive accountings of how the personal representative is administering the estate. The probate court supervises administration and requires inventories and accountings so interested persons can protect their rights (see Tennessee Code Annotated, Title 30 — Probate and Administration: review Title 30 at the Tennessee Code site: https://www.capitol.tn.gov/ and general probate self-help at the Tennessee Courts site: https://www.tncourts.gov/programs/self-help/probate).

2. Practical first steps (fast, low-cost)

1. Ask in writing. Send a polite, dated written request (email or certified mail) asking for the inventory, accountings, bank statements for estate accounts, asset lists, and copies of any estate-affecting contracts. Keep copies and delivery proof.
2. Be specific. Name the documents you want and give a reasonable deadline (e.g., 14 days).
3. Confirm your status. If you are not sure you are an interested person, request a copy of the will (if any) and of the probate filing so you can confirm your status.

3. If the administrator still refuses: use the probate court

If a written demand fails, you can ask the probate court to force disclosure. Common court-centered remedies include:

• Motion or petition to compel an inventory and accounting. Probate courts can order the personal representative to file the required inventory or periodic accounts. Courts regularly compel inventories and accountings so beneficiaries can review administration.
• Request for a citation or show-cause order. If the administrator ignores court rules or prior orders, you can ask the judge for a citation to show cause why the administrator should not be held in contempt or sanctioned.
• Petition to remove the personal representative. If the personal representative breaches fiduciary duties, mismanages assets, or willfully refuses to act, you may ask the court to remove that person and appoint a different representative.
• Surcharge and recovery claims. If assets are lost or misapplied, the court can hold the personal representative financially responsible (a duty often enforced by surcharge claims in probate).
• Temporary relief. If you fear assets will be dissipated, you may ask the court for temporary restraints, appointment of a temporary conservator, or other emergency relief.

4. Discovery and evidence

When an interested person files a petition in probate court, the court’s processes will usually allow discovery — document requests, depositions, subpoenas — to gather proof of assets and transactions. If the administrator has bank statements, signed contracts, or title documents, a subpoena through the probate court or formal discovery can compel production.

5. Practical timeline and what to expect

After you file a petition asking the court to compel an inventory or accounting, the court will set a hearing. Expect several weeks to months depending on local court backlog. If the court finds the administrator at fault, it can order production, impose sanctions, or remove the administrator. If criminal conduct (theft, fraud) is suspected, you may also contact law enforcement — but coordinate this step with counsel so it does not interfere with civil remedies.

6. Costs and bond protection

Probate actions often involve filing fees and possibly attorney fees. If the personal representative posted a bond when appointed, that bond can sometimes be used to reimburse losses caused by a fiduciary’s misconduct. The court may also order the fiduciary to pay legal fees in some situations.

7. When to hire a Tennessee probate attorney

If the administrator continues to withhold documents, if large assets are at stake, or if you suspect misappropriation, hire a probate attorney. An attorney can draft the petition, handle subpoenas and discovery, and present evidence at hearing. Even a brief consult can tell you whether you should proceed informally or go to court.

8. Where to find Tennessee statutes and court information

Probate law and the court’s supervisory authority are in Tennessee Code Annotated, Title 30 — Probate and Administration. You can read the Tennessee Code and related probate rules at the Tennessee General Assembly site: https://www.capitol.tn.gov/ and find practical probate self-help information through the Tennessee Courts website: https://www.tncourts.gov/programs/self-help/probate.

Helpful Hints

• Start with a written demand. Courts expect you to try informal resolution before asking for judicial relief.
• Document everything: dates, who you spoke with, copies of written requests, and proof of delivery.
• Ask the probate clerk what local forms and deadlines apply. Probate practice varies by county.
• Preserve evidence. If you suspect asset diversion, save emails and financial notices and note any unusual bank activity you learn about.
• If the administrator listed a bond, learn the bond amount — it can protect the estate if the representative mismanages assets.
• Consider mediation if the dispute centers on interpretation of the will or distribution; courts often encourage settlement before contested hearings.
• Act promptly. Delay can make it harder to recover assets or undo improper transfers.

If you want sample language for a written demand or a list of typical documents to request (inventory, accountings, bank statements, deeds, appraisals, tax returns), tell me and I will draft a short template you can use.