When Can an Executor Be Removed in TN?
Short answer: Under Tennessee law, an executor (also called a personal representative) can be removed by the probate court for cause. Common grounds include incapacity or illness, breach of fiduciary duty (misappropriation or self-dealing), failure to perform required duties (like filing inventory or accounting), refusal or inability to post a required bond, gross neglect or […]
Read article →What Is "Probate in Common Form" in Tennessee?
FAQ: What Is “Probate in Common Form” in Tennessee? Short answer: Tennessee does not typically use the phrase “probate in common form” the way some other states do. The comparable processes in Tennessee are the routine procedures for admitting a will to probate or opening an administration, and simplified or summary procedures for small estates. […]
Read article →How can one close an estate bank account and obtain the required closing statement? – TN
Closing an Estate Bank Account and Getting the Closing Statement in Tennessee Detailed answer — what to do to close an estate bank account and obtain the required closing statement When someone dies, the person appointed by the probate court to wind up the decedent's affairs (the personal representative, sometimes called an executor or administrator) […]
Read article →Is probate administration required when there is no will? – TN
FAQ: When someone dies without a will in Tennessee, is probate administration required? Short answer: Maybe. Dying without a will (intestate) does not automatically mean you must open a full probate estate, but many assets will require some probate or court procedure to transfer legal title. Tennessee law and local court rules determine when probate […]
Read article →How to properly document and file receipts for payments to heirs or service providers in an estate (TN)
Quick answer — How to document and file receipts for payments to heirs or service providers in a Tennessee estate When you administer an estate in Tennessee, document every payment with an invoice or bill, a proof-of-payment record (canceled check, bank statement, or electronic transfer record), and a signed receipt or release from the payee […]
Read article →How can next of kin qualify to be appointed as the estate administrator? (TN)
Can a next of kin be appointed estate administrator in Tennessee? — FAQ Short answer: Yes. In Tennessee, a next of kin can be appointed as the estate administrator (sometimes called a personal representative) when a person dies without naming an executor or when the named executor cannot or will not serve. The court gives […]
Read article →What documents are required to apply for probate appointment and oath in Tennessee (TN)?
Detailed Answer — Documents Needed to Apply for Probate Appointment and Take the Oath in Tennessee This FAQ explains, in plain language, the typical documents you will need when you go to a Tennessee probate court to apply for appointment as a personal representative (executor or administrator) and to take the required oath. This is […]
Read article →Which statements and financial documents are required for annual and final probate accountings in TN?
Detailed Answer This section explains what Tennessee probate courts generally expect in annual and final accountings. It covers the statements, schedules, and supporting financial documents a personal representative, executor, or guardian/conservator should assemble and file. This is general information only and not legal advice. Who must file accountings in Tennessee? When someone is appointed to […]
Read article →What steps can heirs take to resolve an elective share dispute through mediation under Tennessee (TN) law?
Detailed Answer This FAQ explains how heirs can use mediation to resolve an elective-share dispute under Tennessee law. It assumes heirs have concerns about a surviving spouse’s claim against an estate (an "elective share") and want to try a negotiated resolution instead of immediate litigation. This is general information only and not legal advice. What […]
Read article →How to verify or contest a creditor’s payoff quote on an estate debt in Tennessee (TN)
FAQ: How can I verify or contest a creditor’s payoff quote on an estate debt in Tennessee? Short answer If you are the personal representative (executor) or an interested heir in Tennessee, you should: (1) gather the estate and loan documents; (2) ask the creditor for a written, itemized payoff statement; (3) compare the payoff […]
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