Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified Tennessee probate attorney for guidance on your specific situation.
Detailed Answer
When someone dies without a valid will in Tennessee, the court must appoint an administrator to manage and distribute the decedent’s estate under the state’s intestate succession laws. A “potential heir”—someone entitled to inherit—can petition the probate court to serve as the estate administrator. Tennessee law sets the procedure and the order of priority for these appointments.
1. Establish Intestate Status
First, determine that the decedent died intestate (without a will). You or another interested party files a “Petition for Letters of Administration” in the county probate court where the decedent resided.
2. Identify Eligible Heirs and Priority of Appointment
Tennessee Code Annotated § 30-2-301 (link) lists who may serve and in what order:
- Spouse.
- Adult children and other heirs of equal priority.
- Parents of the decedent.
- Grandchildren and more remote descendants.
- Other next of kin.
- Creditors if no kin apply.
If multiple eligible heirs petition, the court may choose among them or require them to agree on a single administrator.
3. File the Petition and Supporting Documents
The petition must include:
- The decedent’s name, date of death and residence.
- A statement that no will is on record.
- A list of known heirs and their addresses.
- The petitioner’s relationship to the decedent.
You must also submit any required filings such as a certified death certificate.
4. Bond and Oath
The court typically requires the administrator to post a probate bond guaranteeing faithful performance. The bond amount depends on the estate’s value. After bond approval, the petitioner takes an oath to administer the estate according to law.
5. Issuance of Letters of Administration
Once the court approves the petition, bond and oath, it issues “Letters of Administration” officially appointing the petitioner as administrator. These letters empower the administrator to collect assets, pay debts and distribute property under Tennessee’s intestate succession statutes (Tenn. Code Ann. § 31-1-101 et seq.).
Helpful Hints
- Gather a current list of assets and debts before filing to estimate the bond amount.
- Notify all known heirs early to avoid challenges later in the process.
- Consult Tenn. Code Ann. § 30-2-301 for priority rules to confirm your eligibility.
- Consider waivers: other heirs can sign a waiver if they do not wish to serve, streamlining your appointment.
- Maintain clear records of estate transactions to simplify final accounting.