Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Tennessee probate, personal representatives must notify creditors—such as medical debt collectors—through two primary methods: direct mailing to known creditors and publication for all others.
1. Direct Notice to Known Creditors
- Timing: Within 30 days after appointment of the personal representative (Tenn. Code Ann. § 30-2-306(a)).
- Method: Mail a written notice to each known or reasonably ascertainable creditor at the creditor’s last known address.
- Contents: The notice must state the date letters were granted and the deadline for filing claims.
2. Publication Notice to Unknown Creditors
- Order: The clerk of the probate court publishes a “Notice to Creditors” once each week for four consecutive weeks in a newspaper of general circulation in the county (Tenn. Code Ann. § 30-2-306(b)).
- Claim Period: Creditors must file claims within 90 days after the first publication date or within 12 months after the decedent’s date of death, whichever is earlier.
3. Filing and Bar of Claims
- Proof of Claim: Creditors, including medical debt collectors, must submit a written proof of claim signed by the creditor or authorized agent.
- Bar on Late Claims: Any claim not filed within the statutory period is barred, whether or not notice was received (Tenn. Code Ann. § 30-2-310).
All creditors are treated equally under these rules. A medical debt collector, whether the original provider or an assignee, must properly file a claim to participate in estate distributions.
Helpful Hints
- Compile a list of all known creditors early, including hospitals, physicians, and collection agencies.
- Verify and document current mailing addresses before sending notices.
- Publish in the appropriate local newspaper to satisfy the public notice requirement.
- Keep records of mailing receipts and publication affidavits.
- Track deadlines carefully: missed periods generally bar claims.
- Review Tennessee probate court rules and local forms for compliance.
- Consult the probate clerk for procedural questions or if multiple counties are involved.