Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Appoint the Personal Representative
After someone passes away, the probate court appoints a personal representative (sometimes called an executor). The representative files a petition and receives Letters Testamentary or Letters of Administration. Only this appointed person can notify creditors and handle estate claims.
2. Identify Known Creditors
Collect all information about the decedent’s debts. Look for:
- Credit card statements
- Medical bills
- Outstanding loans
- Utility and rent statements
Within 30 days of receiving Letters, mail each known creditor a notice of the probate case. This lets creditors know where to file claims and the deadline for doing so.
3. Publish a Notice to Creditors
Tennessee law requires a published notice in a local newspaper once a week for four consecutive weeks. See Tenn. Code Ann. § 30-2-306. The notice must include the probate court name, estate number, decedent’s name, personal representative’s name and address, and the deadline for claims.
4. Receive and Review Claims
Creditors must present their claims in writing within nine months of the first notice publication. See Tenn. Code Ann. § 30-2-310. The personal representative reviews each claim and may:
- Allow the claim and include it for payment
- Disallow all or part of the claim
If a claim is disallowed, the creditor may file a petition with the probate court to compel payment.
5. Pay or Contest Claims
After verifying assets and debts, the representative uses estate funds to pay allowed claims in order of priority under Tennessee law. Any disputed claims require a court order. Once all valid claims are resolved and taxes or fees are paid, the representative can distribute remaining assets to the beneficiaries.
Helpful Hints
- Keep a spreadsheet of all mailed notices and publication dates.
- Send notices by certified mail to create a proof of service.
- Monitor the newspaper for each publication week.
- Maintain a clear file of each creditor’s claim and supporting documents.
- Track the nine-month deadline on your calendar to avoid missing claims.
- Consult a probate attorney for complex estates or contested claims.