Detailed Answer
Under Tennessee law, you must complete a series of steps to apply for appointment as a personal representative (also called executor or administrator).
1. Confirm Eligibility
Tennessee Code Annotated (T.C.A.) § 30-1-301 establishes priority. Eligible persons include the surviving spouse, a nominated executor in the will, adult heirs, or other interested parties. (T.C.A. § 30-1-301)
2. Prepare and File the Probate Petition
Gather the decedent’s death certificate, original will (if any), and a preliminary list of assets and liabilities. Obtain the probate petition form from the county probate court or its website. Complete the form with the decedent’s information, your relationship, and estimated estate value. Pay the filing fee (usually $300–$350).
3. Provide Notice to Interested Persons
Once you file, the court schedules a hearing at least five days later. You must mail notice of that hearing to all heirs, devisees, and creditors at least five days before the hearing date. After appointment, publish a notice to creditors once in a local newspaper within 30 days. (T.C.A. § 30-2-304)
4. Attend the Probate Hearing
At the hearing, you present your petition, oath, and bond. Tennessee law requires a bond for administration unless waived for a nominated sole executor or surviving spouse. (T.C.A. § 30-1-305) The judge reviews qualifications and issues Letters Testamentary or Letters of Administration if everything is in order.
5. Timeline and Post-Appointment Deadlines
- Hearing scheduled: Minimum five days after filing.
- Issuance of letters: Typically within 2–4 weeks after hearing.
- Inventory: File a detailed inventory within 90 days of appointment. (T.C.A. § 30-2-306)
- Creditors’ claims: Creditors have four months from publication to file claims.
Helpful Hints
- Locate the decedent’s original will early and check for executor nomination.
- Contact the probate clerk to confirm local forms and exact fees.
- Keep proof of all mailed notices and publication articles.
- Consider professional appraisals for complex assets before filing your inventory.
- Seek guidance from a probate attorney if disputes or complex assets arise.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance specific to your situation.