Executor Duties in Tennessee

Main duties and deadlines for a Tennessee personal representative: post bond unless excused and receive letters; within 30 days after letters issue, the court clerk publishes, in the personal representative's name, a notice to creditors (two consecutive weekly notices in a county newspaper), and claims are barred unless filed within the period stated in the notice (and in any event within 12 months of death); within 60 days after taking on the administration, file a complete, verified inventory of the probate estate with the clerk (not required for a solvent estate if the will or all residuary beneficiaries excuse it, unless one demands it); within 15 months after qualifying, file an accounting with the clerk (or, if accountings are waived, a status report, and yearly thereafter while the estate remains open); pay valid claims, expenses and taxes; then distribute the estate and make final settlement.

Letters testamentary (with a will) or letters of administration (without one) are issued by the court exercising probate jurisdiction in the county where the decedent lived (commonly the chancery or probate court). The applicant files a verified petition identifying the petitioner and the decedent, the date and place of death and residence, the heirs at law (if intestate) or the will and its attesting witnesses, an estimate of the estate's value, and information on the proposed personal representative. Bond is required unless the will waives it, or the court approves a waiver when the representative is the sole beneficiary or all adult beneficiaries consent. A nonresident may serve after appointing the Tennessee Secretary of State as agent for service of process. For estates of $50,000 or less, limited letters may issue in a small estate proceeding.

Creditors must file claims with the probate court clerk within four months after the first publication (or posting) of the notice to creditors; a creditor who receives an actual copy of the notice less than 60 days before that four-month date has 60 days from receiving it. In all cases, claims not filed (or sued on) within 12 months after the date of death are forever barred.