Letters Testamentary in Tennessee

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.

A resident or nonresident individual may serve as personal representative of a decedent's estate. A nonresident fiduciary must first appoint the Tennessee Secretary of State in writing as agent for service of process (with a $10 filing fee). Bond is not required if the will waives it, if the personal representative is the sole beneficiary and the court approves, or if all beneficiaries are adults who consent in a sworn filing and the court approves; otherwise the bond must be at least the value of the estate being administered (and not more than double), with two or more sureties or one corporate surety.