What Does an Executor Have to Do in Tennessee?

kyleneross

18 minutes ago

5 min read

A Tennessee executor asks the probate court for authority, gathers and lists the estate's property, notifies creditors, pays valid claims, keeps records for the court, and distributes what is left under the will. Several of those steps have firm deadlines: 60 days for the inventory, a creditor notice within 30 days of your letters, and a first accounting or status report within 15 months (Tenn. Code Ann. §§ 30-2-301, 30-2-306, 30-2-601).

Here is the process in order.

1. Petition the court and get letters testamentary

Being named in the will does not give you authority by itself. You file a sworn (verified) petition with the probate court. It includes the person's date and place of death and residence, the date of the will and names of its witnesses, the beneficiaries, an estimate of the estate's value unless bond is waived, whether the will waives an inventory or accountings, and information about you as the proposed personal representative (Tenn. Code Ann. § 30-1-117).

When the court admits the will, the clerk issues letters testamentary. That document is what banks and others will ask to see.

In Sumner County, probate is handled by the Sumner County Chancery, Clerk and Master's Office, 155 East Main Street, Room 3600, Gallatin, TN 37066. The office accepts filings in person, by mail, by fax, or by e-filing.

If the probate estate is $50,000 or less and has no real estate, a simpler small estate process may apply instead (Tenn. Code Ann. §§ 30-4-102, 30-4-103).

2. Notify TennCare and file the inventory (60 days)

Within 60 days after you begin administering the estate, you must file a sworn inventory of the estate's property with the clerk (Tenn. Code Ann. § 30-2-301).

When it may be excused: the will waives it, or all residuary beneficiaries excuse it (for a solvent estate, unless a beneficiary demands one); you are both the personal representative and the sole beneficiary; or the will was probated in solemn form.
TennCare affidavit: within the same 60 days, you must file an affidavit that the Bureau of TennCare has been notified of the death, even if an inventory is waived (Tenn. Code Ann. § 30-2-301(b)(5)).

3. Notice to creditors (30 days) and the claims period

Within 30 days after letters are issued, the clerk publishes a notice to creditors in the personal representative's name, once a week for two consecutive weeks in a county newspaper (Tenn. Code Ann. § 30-2-306).

Your job is to mail or deliver a copy of that notice to every creditor you actually know about or can reasonably find (Tenn. Code Ann. § 30-2-306(d)).

Creditors must then file claims by the earlier of:

Four months from the first publication, for a creditor who got notice more than 60 days before that date; or 60 days from receiving notice, if the notice came later; or
Twelve months from the date of death (Tenn. Code Ann. §§ 30-2-306, 30-2-307).

Claims filed late are barred, and the clerk will not file any claim received more than 12 months after death (Tenn. Code Ann. § 30-2-307). You review each claim, pay the valid ones, and object to the ones you dispute.

Talk to a Lawyer Today

Call (615) 997-7618 to talk with Kylene Ross about your situation. Prefer to write first? Send us a message and we are notified right away.

4. Manage the estate while it is open

Open an estate bank account and keep estate money separate from yours.
Secure the house, cars and valuables. Keep insurance in place.
Keep every receipt. You will need them for the accountings.
Do not pay beneficiaries early without advice. Creditors come first, and you can be on the hook if you distribute too soon.

5. File accountings or status reports

Within 15 months after you qualify, you must file an accounting showing all receipts, payments and distributions, and what assets remain. After that, you file one each year until the estate closes (Tenn. Code Ann. § 30-2-601).

If the will waives accountings, or all residuary beneficiaries file sworn waivers, you file a shorter status report on the same schedule instead (Tenn. Code Ann. § 30-2-601). The court can extend the deadline for good cause.

6. Close the estate

Before a probate estate can close, you must file a release from the Bureau of TennCare showing that any amount owed was paid, that TennCare waived its claim, or that nothing is due (Tenn. Code Ann. § 71-5-116(c)).

After claims are resolved and the TennCare release is filed, you make the final distributions under the will, file your final accounting or report, and ask the court to close the estate. Because claims can be filed up to 12 months after death, many estates stay open close to a year or more. The court can authorize distribution and closing earlier in some cases (Tenn. Code Ann. § 30-2-307).

Deadline summary

Inventory and TennCare notice affidavit: 60 days after administration begins (§ 30-2-301).
Notice to creditors published: within 30 days after letters issue (§ 30-2-306).
Creditor claims: 4 months from first publication, or 60 days from notice, never later than 12 months after death (§§ 30-2-306, 30-2-307).
First accounting or status report: within 15 months after qualifying, then yearly (§ 30-2-601).
TennCare release: before the estate closes (§ 71-5-116).

If there is no will

The same duties apply to an administrator appointed when there is no will. The court appoints one using the priority order in Tenn. Code Ann. § 30-1-106 (spouse first, then next of kin). See What happens if you die without a will in Tennessee?.

How we can help

Serving as executor is a job with court deadlines and personal responsibility. We prepare and file the petition, track the inventory, creditor and accounting deadlines, and help you respond to claims and close the estate. Our probate paralegal, Cajun, has 20 years of probate, wills and estates experience, and attorney Kylene Ross handles court appearances. Learn more about our probate services in Gallatin and our estate planning and probate practice.

Ready to Talk?