Detailed Answer
In Tennessee, letters of administration are court orders that empower an individual to manage and distribute an intestate decedent’s estate. To apply, you must file a petition in the probate court of the county where the decedent resided. The following documentation is typically required:
- Petition for Letters of Administration: Complete the statutory petition form provided by the probate court. See Tenn. Code Ann. § 30-3-301 (available via Tennessee Secretary of State, Title 30 PDF at https://publications.tnsosfiles.com/pub/Code/Title%2030.pdf).
- Certified Death Certificate: Obtain a certified copy from the Tennessee Department of Health. Visit https://www.tn.gov/health/health-program-areas/vital-records.html for instructions.
- Affidavit of Heirs or Next of Kin: A sworn statement identifying all heirs under Tennessee’s intestate succession rules (Tenn. Code Ann. §§ 31-1-101 et seq.).
- Fiduciary Bond and Oath: Most administrators must post a surety bond. The bond amount is set by the court based on estate value. See Tenn. Code Ann. § 30-3-301.
- Renunciations or Consents: Written renunciations from any qualified persons who decline appointment, or written consent if multiple parties agree on the administrator.
- Preliminary List of Known Creditors: An informal list of creditors known at the time of filing to satisfy notice requirements (Tenn. Code Ann. § 30-2-306).
- Filing Fee: Pay the fee set by the local probate clerk. Fees vary by county.
After you file, the court will review the petition and supporting documents. If everything is in order, the judge will issue letters of administration. You then must file an inventory of assets within 90 days and provide creditor notice as required by Tenn. Code Ann. §§ 30-2-306 to 30-2-307.
Disclaimer: This article is for general educational purposes only and does not constitute legal advice. Consult a licensed Tennessee attorney for guidance on your specific situation.
Helpful Hints
- Check your county probate court’s website for specific petition forms and local rules.
- Order multiple certified death certificates—banks, insurance companies, and government agencies often require originals.
- Identify all potential heirs early to prevent later disputes or delays.
- Gather asset values in advance to estimate bond amounts and court costs.
- Consider consulting a probate attorney if the estate has complex assets or contested heirship.