Detailed Answer
When a person dies without any existing probate case, you must open an estate proceeding in the local probate court. Tennessee law under Title 30 governs this process. Follow these steps to start administration of the decedent’s estate.
- Determine Proper Court and Venue. File in the probate court of the county where the decedent lived at death. See Tenn. Code Ann. § 30-2-101.
- Gather Required Documents. Collect the certified death certificate, original will (if any), and a list of heirs or beneficiaries with their contact information.
- File Petition for Administration. Complete the Petition for Letters Testamentary (if there is a will) or Letters of Administration (if no will). Include decedent’s name, date of death, residency, names and relationships of heirs, and an estimate of estate value. Attach the death certificate and any will. Pay the appropriate filing fee.
- Post Bond (If Required). The court may require a bond for the personal representative. Tenn. Code Ann. § 30-2-401 governs bond amounts. The bond protects estate creditors and heirs.
- Serve Notice on Interested Parties. Provide written notice to all heirs, devisees, and beneficiaries. Within 30 days after appointment, publish notice to creditors in a local newspaper. See Tenn. Code Ann. § 30-3-101.
- Inventory and Appraisal. File an inventory of estate assets within 90 days of appointment. See Tenn. Code Ann. § 30-2-306. List real and personal property with appraised values.
- Receive Letters of Administration. After the court reviews the petition and bonds (if any), it issues letters appointing the administrator or executor. This document grants legal authority to manage estate assets.
Helpful Hints
- Consult local probate court websites for fee schedules and forms.
- Confirm whether a small estate procedure applies if the estate value is under $50,000.
- Keep copies of all filings and proof of service.
- Meet all deadlines for notices and inventory to avoid penalties.
- Consider consulting a licensed Tennessee attorney to review your petition.
Disclaimer: This article provides general information on Tennessee estate administration. It does not constitute legal advice. Always consult a qualified attorney for advice regarding your specific situation.