Detailed Answer — Documents Needed to Apply for Probate Appointment and Take the Oath in Tennessee
This FAQ explains, in plain language, the typical documents you will need when you go to a Tennessee probate court to apply for appointment as a personal representative (executor or administrator) and to take the required oath. This is a general guide — local courts sometimes require additional items or specific forms. Always check with the probate court in the county where the decedent lived.
What “appointment and oath” means
When someone dies, the probate court appoints a person to handle the estate. If there is a will, the court usually appoints the person named in the will (the executor) after accepting the will. If there is no will, the court appoints an administrator under Tennessee law. Appointment is the formal court act that gives authority; the oath is the sworn promise by the appointee to faithfully perform the duties. After appointment and oath, the court issues letters (Letters Testamentary or Letters of Administration) that prove the appointee’s authority.
Where to file
Probate matters in Tennessee are handled at the county level (probate court, or in some counties the chancery or circuit court performs probate duties). The Tennessee Administrative Office of the Courts maintains probate forms and general guidance you can use: Tennessee Probate Court Forms. Contact the local probate clerk for filing details and fees before you go.
Core documents you will almost always need
- Certified death certificate(s) — The court will require an official (certified) death certificate. Get enough certified copies for the probate file and for estate business (banks, insurers).
- Original will (if one exists) — If the decedent left a will, bring the original will. The court generally requires the original to be submitted for probate.
- Probate petition or application for appointment — Most counties use a specific form (often titled “Petition for Probate,” “Application for Probate and for Letters,” or similar). This form asks for the decedent’s information, heirs, assets, and your requested appointment. Use the county form or the Tennessee AOC form where available.
- Oath or certificate of oath — Many courts have a short oath form you sign in court or submit with your petition. The court clerk will administer or accept the oath.
- Proof of service or notice — Tennessee law requires notice to interested parties in many probate matters. You may need proof that you served notice to heirs, beneficiaries, and creditors per local rules.
- Identification for the applicant — Bring government-issued photo ID for the person seeking appointment.
- Filing fee or fee waiver request — Courts charge filing fees. Check the county clerk’s schedule and bring payment or a completed fee waiver application if eligible.
Common conditional or supporting documents
- Renunciations or waivers of appointment — If someone named in the will or entitled by law gives up the appointment, their signed renunciation can simplify the appointment process.
- Affidavits of heirship or heirship lists — If there is no will, the court will need a list of heirs (spouse, children, parents, siblings). Some counties have a specific “heirship affidavit” or similar form.
- Bond or bond waiver — Tennessee courts often require a fiduciary bond for an administrator or sometimes for an executor. If the will waives bond or all heirs consent and the court accepts it, a formal bond may not be required. If a bond is required, you’ll need the surety information (insurance company) and the bond form approved by the court.
- Letters of administration/testamentary template — The court typically prepares Letters, but some counties ask you to provide a proposed order or form.
- Inventory or schedule of assets — Many courts require the personal representative to file an inventory and appraisement of estate assets after appointment. Some counties expect an initial estimated asset list with the petition.
- Affidavits for small estates — If the estate qualifies as a small estate under Tennessee procedures, you may be able to use expedited forms (small estate affidavit or simplified administration). Check local rules and the Tennessee probate forms page linked above.
Practical checklist to bring to court
- Certified death certificate (multiple copies)
- Original will (if any)
- Completed probate petition/application form (county or state AOC form)
- Valid photo ID for the applicant
- Copies of ID and the will for the court file and beneficiaries
- Evidence of relationship (if claiming priority as spouse or next of kin)
- Any signed renunciations, consents, or waivers from other heirs or named executors
- Proof of service forms or addresses for notice to heirs and beneficiaries
- Filing fee or fee waiver paperwork
- Surety/bond information if a bond is required
Next steps after filing
After you file the petition and take the oath, the court will consider the paperwork, ensure notice requirements are met, and, if appropriate, enter an order appointing you. The court then issues Letters Testamentary or Letters of Administration. Expect to file an inventory within the time required by the court and to follow creditor notice and accounting rules.
Where to get forms and more information
Start at the Tennessee Administrative Office of the Courts probate forms page: https://www.tncourts.gov/programs/probate-court/probate-forms. Then contact the probate clerk (or county court clerk) in the county where the decedent lived to confirm local requirements, fees, and hearing procedures.
Note on statutes and local rules: Probate practice in Tennessee is governed by Title 30 of the Tennessee Code and local court rules. Court forms and clerk offices implement those statutes. Because county procedures vary, rely on the local probate clerk and the official forms above for exact filing requirements.
This is educational information only and not legal advice. If the estate is complex, involves possible disputes, real property, significant debts, or tax issues, consider speaking with a licensed Tennessee attorney for tailored legal guidance.
Helpful Hints
- Call the local probate clerk before your visit — confirm required forms, fees, and whether you need an appointment.
- Bring the original will and multiple certified death certificates — many institutions require originals or certified copies.
- Make clean copies of every document you file; the court will keep originals and return some documents to you.
- If the will names you as executor but you are out of state, check whether you must appear or can file by attorney.
- If a bond is required, contact a surety company early — obtaining a bond can take time.
- Use the Tennessee AOC probate forms as your starting point: Tennessee Probate Forms.
- When in doubt, ask whether the court has a checklist for first-time personal representatives — many do.
- Keep an organized file of estate receipts, bills paid, and communications: good recordkeeping makes later accounting easier.