When a Parent Dies in Sumner County: The First 30 Days
When a parent dies in Tennessee, the first 30 days come down to a short list: order certified death certificates, find the original will, secure the house and vehicles, make sure Social Security is told, and do not sell or hand out anything until someone has legal authority from the court. Probate, creditor notices and any TennCare claim come next, in a set order.
1. Order certified death certificates
Banks, insurers and the court will each want a certified copy. In Tennessee, a child, spouse or parent of the person who died is a qualified applicant. Others, such as an executor, must show documents proving their right to the record, like letters testamentary.
Any county health department in Tennessee can issue a death certificate registered with the state, wherever in Tennessee the death occurred. You can also order by mail from the Office of Vital Records in Nashville, or online through VitalChek, the only online vendor the state has authorized. If a life insurer will need the cause of death, ask for copies that show it.
2. Find the original will
Check home files, a safe or a safe deposit box, and ask the lawyer who prepared it. Some people deposit a will with the probate court for safekeeping. A will deposited after death is released only to the named executor, a next of kin, or someone authorized by law or court order (Tenn. Code Ann. § 32-1-112).
Whoever has the will has a legal duty. As soon as they know of the death, they must mail or deliver the original to the executor named in it, and send a copy to the probate court clerk in the county where your parent lived (Tenn. Code Ann. § 32-1-113). If no executor is named or able to serve, or there appears to be no estate to administer, the original goes to the clerk instead (§ 32-1-113). Keep the original exactly as you found it.
3. Secure the house and cars, but do not sell or give anything away yet
Lock the house, keep the utilities and homeowner's insurance in place, park the vehicles somewhere safe, and collect the mail.
Do not sell the car, empty the bank account, or let relatives divide the furniture. Tennessee law says no one may take over the administration of a deceased person's estate until they have obtained letters of administration or letters testamentary (Tenn. Code Ann. § 30-1-101). Our post on executor duties in Tennessee explains what the person in charge is responsible for.
4. Tell Social Security
The funeral director can usually report the death to the Social Security Administration if you give them your parent's Social Security number. You can also call Social Security at 1-800-772-1213 or visit a local office. Social Security accepts death reports only by phone or in person, not online or by email.
If your parent received benefits, Social Security cannot pay for the month of death. A payment that arrives the following month must be returned. If benefits came by direct deposit, tell the bank.
5. Find out what passes outside probate
Some assets go straight to a named person without a court case, such as accounts held jointly with right of survivorship, and accounts or policies payable to a named beneficiary. Tennessee's small estate law does not count personal property held jointly with right of survivorship or payable to a beneficiary other than the estate (Tenn. Code Ann. § 30-4-102). Our post Do I need probate in Tennessee? walks through this.
6. Opening probate in Sumner County
In Sumner County, probate is handled in Chancery Court in Gallatin. The case starts with a sworn petition asking the court for letters testamentary (when there is a will) or letters of administration (when there is not). The petition lists the heirs or beneficiaries, the will if there is one, and the person asking to serve (Tenn. Code Ann. § 30-1-117).
If there is a will, it usually names the executor. If there is no will, the court first grants administration to the surviving spouse if the spouse applies. If not, the next of kin who apply come next, and when more than one wants to serve, the court may decide which one does (Tenn. Code Ann. § 30-1-106). See what happens if you die without a will in Tennessee.
7. Creditors: what the family does and does not owe
Within 30 days after letters are issued, the clerk publishes a notice to creditors in a local newspaper for two weeks in a row (Tenn. Code Ann. § 30-2-306). Most claims must then be filed within four months of the first publication, and claims are barred if not filed within twelve months of the date of death (§ 30-2-306; Tenn. Code Ann. § 30-2-307).
A parent's debts are generally paid from what the parent left. The Consumer Financial Protection Bureau says survivors are typically not responsible for a deceased person's debts unless, for example, they co-signed the loan or were a joint holder on the account. Before you pay any of your parent's bills from your own money, talk with us.
8. If your parent was 55 or older: the TennCare step
Within 60 days after letters are issued, the personal representative must notify TennCare of the death of anyone who was 55 or older, state whether the person was a TennCare recipient, and request a release (Tenn. Code Ann. § 71-5-116). If your parent was enrolled in TennCare at death, the estate cannot be closed until a TennCare release is filed with the court (§ 71-5-116).
TennCare's recovery is limited. It waits until after a surviving spouse has died, and the law has exceptions for certain children (§ 71-5-116). TennCare also says that family members are not personally responsible for this debt. If the house is involved, read inheriting a house in Tennessee before anyone signs a deed. For more, see TennCare estate recovery in Tennessee.
9. What to gather before you call us
Certified death certificates
The original will, if you have it
The deed to the house and vehicle titles
Recent bank, retirement and investment statements
Life insurance policies and beneficiary forms
Recent bills: mortgage, credit cards, medical
Any TennCare or Medicare letters
Names and addresses of close family members
Ready to Talk?
Call (615) 997-7618 to talk with Kylene Ross about the first steps after a parent's death in Sumner County or a nearby county. Our paralegal Cajun has 20 years of experience in probate, wills and estates. Prefer to write first? Send us a message and we are notified right away.
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