What are the First Steps When A Loved One Dies Without a Will in Tennessee
For many people who have lost loved ones, the first steps of the probate process can be
very scary. It's the furthest thing from the minds of those who are grieving. Anxious thoughts and
emotions race through our minds during tragic times, and it can be hard to get back on track and
worry about settling things.
This is where experienced Held Law Firm can set you at ease.
Luckily, the probate process in Tennessee is designed to help those going through tough times.
In Knox County, the Court clerks can help you start up an estate in the probate process.
They are not able to give you legal advice (that is reserved for attorneys), but they will guide you
through those initial documents. The clerks understand that probate can be a difficult time for people
and help to the best of their ability without offering more than they can. They will provide you
with all the necessary paperwork. They even have all the necessary forms in a packet provided
online . This is typical of mostTennessee Courts but be sure to check your local court’s website for any specific details.
Our legal team makes it easy for you to be sure things are in order
Here is a list of the things that you need to get started before an estate is opened:
- Petition for Letters of Administration
- Cost Bond
- Rule 10 Certification
- Statement of Proposed Personal Representative
- Death Certificate
- Proper Filing Fees
A Petition for Letters of Administration is the first document to fill out. You fill out
this document if you want to be named the “Personal Representative” for the Estate. If you are
named as the Personal Representative, the Court will look to you to make sure that everything is
in order. Think of it as being the “boss” of the estate. The State of Tennessee takes this seriously
and does not allow you to be a Personal Representative if you have gone to prison. On top of
that, the State of Tennessee expects you to take your job as a personal representative seriously
and be truthful. Also, if there are other people who can become a personal representative, you
will need to obtain a waiver from each of them saying that they do not want that role. These
forms are also on the Chancery Court website. After this Petition is done, you sign an Oath that
says you are willing to do what it takes to be the Personal Representative.
The Cost Bond is the next document that needs to be done. This tells the Court that you
are responsible for any costs associated with the estate. Someone else can sign as a “Surety,”
which means they are responsible for costs if you are unable to pay.
Next, you need to file a Rule 10 Certification. This form asks for more information
about the Personal Representative, such as employment, and again asks for assurance that you
will pay everything that needs to be paid.
The Statement of Proposed Personal Representative comes last. This document
directly asks the Court to appoint you as a personal representative in the estate.
Once the Court gives you these documents, or you print them out and bring them into
Court yourself, the Court schedules a hearing to start the estate. Without a Will, you will need to
bring all the above documents as well as the Death Certificate. The Clerk and Master will
oversee the hearing and it should take no longer than a half hour to get things started.
Initial Fees are also required. Check with your local court to make sure that you have the
proper amount of money, as Court fees are likely to change. Once you pay those fees and file those papers, the Court opens the estate, and you will be on your way to carrying out the wishes of your loved ones.
It is important to remember that the State of Tennessee is
particular about the process.
If you are named Personal Representative, you will be responsible for filing and handling things in Probate Court just as an attorney would be held responsible for these things This will include later filing a Bond, Inventory, and Accounting, all within guidelines and timeframes created by the State.
It is important to discuss these issues with your family before acting alone and making sure that the right person
for the job is selected so that your loved one’s wishes are properly carried out. Communication is
important during this process. Failure to communicate with people that are supposed to inherit from your loved ones’ estate can land you in trouble. Heartbreak is sure to follow.
The process is made easier if you have the necessary paperwork before your loved ones die.
Be sure to look into getting the proper documents filled out, such as a Will, Trust, or any other necessary paperwork. Doing this alone and navigating the probate process can be challenging. We recommend that you hire a Held Law Firm probate lawyer to help navigate the tricky paths of the Court and Estate Law. Contact us while you have time to take the easy path