Tennessee Petition for Probate

Introduction

Key Things to Know

1. 1

   The probate court of the county where the decedent usually resided at death takes the petition (Tenn. Code Ann. 32-2-101). In most counties that is the chancery court (Clerk and Master) or a probate division; a few counties have a separate probate or circuit court. The filing is a verified petition for letters testamentary or letters of administration, and Tennessee has no single statewide form, so the county's own packet controls over any draft petition.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. A named executor must still petition and be appointed. Do not distribute, pay heirs or sell property before letters issue, and do not distribute while creditor claims may still be made. The clerk administers the oath before delivering letters (30-1-111).

3. 3

   Probate of the will and appointment of the representative are one petition. The verified petition must include the will as an exhibit and a statement of felony convictions of the proposed representative (30-1-117). Ask the clerk of the county court whether any time limit to offer the will applies. A duly proven will may also be admitted only as a muniment of title (32-2-111), and the original will stays in the clerk's office (32-2-102).

4. 4

   The executor named in the will is first in line. With no will, administration goes to the surviving spouse if the spouse applies, then the next of kin, then a creditor who proves the debt on oath (30-1-106). A resident or nonresident may serve (35-50-107), but a nonresident must appoint the Secretary of State as agent for service of process.

5. 5

   Ordinary probate requires no notice to heirs, but probate in solemn form requires due notice to all interested persons. Within 30 days after letters issue the clerk publishes creditor notice in a county newspaper for two consecutive weeks, or posts it in three public places if there is no newspaper, and known creditors get actual notice (30-2-306).

6. 6

   Claims are barred at the earlier of the notice period or twelve months from the date of death (30-2-306, 30-2-310). The notice period is four months from first publication if the creditor received actual notice at least 60 days before the end of that four-month period, otherwise 60 days from receipt of actual notice. Bond is required unless the will excuses it, the representative is the sole beneficiary, or all beneficiaries are competent adults who consent, and the court approves where required (30-1-201). A nonresident may still be required to post bond.

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate. Small probate estates may qualify for a simplified court procedure, limited letters of a small estate; see our small estate affidavit page for small-estate options.

Tennessee Requirements for Petition for Probate

• County Probate Court Hears the Petition

  The petition goes to the probate court of the county where the decedent usually resided at death (Tenn. Code Ann. 32-2-101). In most counties that is the chancery court (Clerk and Master) or a probate division; a few counties have a separate probate or circuit court.

• Verified Petition for Letters

  One verified petition seeks both probate of the will and letters testamentary, or letters of administration if there is no will. It includes the will as an exhibit and a statement of felony convictions of the proposed representative (30-1-117). Tennessee has no single statewide form, so the county's form controls.

• Will Admitted as Muniment of Title

  A duly proven will may be admitted for the limited purpose of establishing a muniment of title, regardless of the date of death, without letters or administration (32-2-111). The original will stays in the clerk's office (32-2-102).

• Priority to Serve

  The executor named in the will has first priority for appointment by the court. With no will, administration goes to the surviving spouse if the spouse applies, then the next of kin, then a creditor who proves the debt on oath (30-1-106).

• Nonresident Personal Representative

  A nonresident may serve but must appoint the Secretary of State as agent for service of process and file the receipt. The court may require bond despite a waiver (35-50-107).

• Creditor Notice by the Clerk

  Within 30 days after letters issue the clerk publishes notice for two consecutive weeks in a county newspaper, or posts it in three public places if there is none. Known creditors also receive actual notice (30-2-306). Ordinary probate requires no notice to heirs.

• Creditor Claims Bar

  Claims are barred at the earlier of the notice period or twelve months from the date of death (30-2-306, 30-2-310). The notice period is four months from first publication if the creditor received actual notice at least 60 days before the end of that four-month period, otherwise 60 days from receipt of actual notice.

• Bond Required Unless Exempt

  The clerk takes a bond with sufficient sureties, not less than the value of the estate subject to administration nor more than double it, unless the will excuses it, the representative is the sole beneficiary, or all beneficiaries are competent adults who consent by sworn statement, with court approval where required (30-1-201).