How to Become the Estate Administrator in Tennessee When a Spouse Dies Intestate — FAQ

Disclaimer: I am not a lawyer. This article explains general Tennessee probate concepts and steps. It is educational only and not legal advice. For help with a specific case, consult a Tennessee probate attorney or the probate court in the county where the decedent lived.

Short answer

If your spouse died without a will (intestate) in Tennessee, you generally may petition the county probate court to be appointed administrator (also called personal representative) of the estate. Tennessee law gives priority to the surviving spouse for appointment in most cases, but you must file a petition, provide notice, and follow the court’s procedures. If the decedent’s family is uncooperative, the court can still appoint you and order estate assets turned over to you, and it can enforce its orders against those who obstruct administration.

What the probate process in Tennessee looks like (step‑by‑step)

Identify the correct court. File a petition for appointment of an administrator in the probate (or surrogate’s) court in the county where your spouse lived at death.
Prepare the petition and supporting documents. Typical materials include: a certified death certificate, your marriage certificate (to prove spousal status), an inventory/description of known assets, and a statement of heirs. Courts have local forms; the Tennessee judicial branch provides resources for locating the right court and forms: https://www.tncourts.gov/
File the petition. You (or your lawyer) file a petition asking the court to appoint you as administrator. The court will set a hearing date and may require a bond (insurance to protect the estate) unless bond is waived by law or the court.
Provide notice and service. Tennessee law requires notice to certain relatives and interested parties. The clerk will advise on who must be served. The court will give other heirs an opportunity to object.
Attend the hearing. At the hearing the judge will consider the petition and any objections. If the judge appoints you, the court will issue letters testamentary or letters of administration (formal documents showing your authority).
Take control of assets and administer the estate. With letters, you can collect assets, manage estate bank accounts, pay bills and valid debts, file required tax returns, and distribute assets under Tennessee intestacy rules once debts and expenses are paid.

Why a court will appoint you (and what priorities apply)

Tennessee gives preference to certain persons to serve as administrator. In most intestate cases, the surviving spouse is first in priority to serve as administrator unless the spouse is disqualified, unwilling, or there is a living person with a higher statutory priority. If multiple people of equal standing petition, the court balances what is best for the estate. See Tennessee probate law for appointment priorities: you can search the Tennessee Code (Title 30, Probate) on the Tennessee Legislature website: https://www.capitol.tn.gov/legislation/

What to do when the decedent’s family won’t cooperate

File despite noncooperation. You do not need family cooperation to file. Submit your petition and let the court handle notice to interested parties.
Use the court’s enforcement powers. If family members obstruct access to property or bank accounts, the court can order turnover of assets to the administrator and may hold people in contempt if they ignore court orders.
Ask for temporary or emergency relief. If estate assets are at risk (e.g., someone is hiding property, assets are being dissipated), petition the court for temporary letters or an emergency order to preserve assets immediately.
Request the court set bond or security. If rival family members claim authority or try to interfere, the court can require bond to protect the estate while administration proceeds.
Document everything. Keep records of communications, withheld documents, and any interference. Clear records help the court act and protect you from allegations of misconduct.

Common procedural and practical tips

Check local forms and rules. Probate practice varies by county. Contact the county probate clerk’s office or the Tennessee Judicial Branch site (https://www.tncourts.gov/) to get local filing requirements and forms.
Bring required documents to filing. Death certificate, marriage certificate, photo ID, social security numbers for the decedent and heirs (if available), a basic list of assets and creditors, and contact information for heirs.
Expect a bond in some cases. Courts often require a bond—sometimes waived for a surviving spouse—especially when estate assets are substantial or there are competing claims.
Serve interested parties properly. Proper service and notice are essential. If heirs can’t be located, the court allows alternative notice (publication) methods.
Keep estate and personal finances separate. After appointment, open an estate account and use it for estate receipts and expenditures only.

When to get a lawyer

Consider hiring a probate attorney if any of the following apply:

Family members contest who should serve as administrator;
There are complex assets (business interests, real estate in multiple jurisdictions, or large accounts);
There are creditor claims or tax issues; or
Someone is actively hiding assets or refusing to comply with court orders.

An attorney can prepare the petition, represent you at hearings, and move quickly for temporary orders if assets are threatened.

What the administrator’s duties include

Locate and secure estate property;
Inventory assets and file required inventories with the court;
Notify and pay valid creditors and file required tax returns;
Distribute remaining assets according to Tennessee intestate succession law (how the surviving spouse and other heirs divide the estate); and
Close the estate with a final accounting filed with the court.

How Tennessee intestacy rules affect distribution

If your spouse died intestate, Tennessee’s intestacy rules determine who inherits. The exact shares depend on whether the decedent had children, parents, or other survivors. To review the statutes governing intestate succession and distribution, search the Tennessee Code on the legislature’s website: https://www.capitol.tn.gov/legislation/ (look under the Probate/Intestate succession provisions).

If family members try to block you from being appointed

Do not try to resolve the dispute outside the court if they are refusing lawful access or conceal property. File your petition and let the probate judge decide. The judge will evaluate priority, ability to serve, and what is best for the estate. If someone wrongfully withholds property after you are appointed, you can return to court to enforce your rights and seek sanctions.

Helpful Hints

Start the process early. Delay can let assets be lost, debts pile up, or disputes grow.
Get copies of the death certificate as soon as possible—banks and government agencies require them.
Request a list of probate forms from the county probate clerk or use the Tennessee judicial site: https://www.tncourts.gov/.
If you expect family conflict, consider hiring an attorney at the outset to file protective emergency motions and obtain immediate authority to secure assets.
Keep a separate estate bank account and detailed records of every transaction.
Be polite but firm with family. Communicate in writing when possible so there is a record.
If someone refuses to provide asset information (e.g., bank accounts), ask the court for subpoenas or turnover orders.

Useful Tennessee government resources

Tennessee Judicial Branch (probate court information and links to local clerks): https://www.tncourts.gov/
Tennessee Legislature site (for searching the Tennessee Code, including probate statutes): https://www.capitol.tn.gov/legislation/

Becoming an estate administrator is a legal process with clear steps. Even if your spouse’s family is uncooperative, the probate court exists to fairly assign authority and protect estate assets. Filing the petition and letting the court resolve disputes is the safest route.