Estate – Non-resident Fiduciary

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Estate – Non-resident Fiduciary is a commonly used form within Tennessee. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Estate – Non-resident Fiduciary

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Estate – Non-resident Fiduciary:

• This form pertains to the State of Tennessee

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Tennessee’s Form Estate – Non-resident Fiduciary up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Tennessee form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Tennessee probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Estate – Non-resident Fiduciary, take a break, and then review. Probate and estate settlement processes in TN are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Estate – Non-resident Fiduciary online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Estate – Non-resident Fiduciary to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Tennessee.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Tennessee can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Tennessee. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Tennessee is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Tennessee probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Tennessee probate clerk or court for exact answers regarding Form Estate – Non-resident Fiduciary, and when in doubt— consult a qualified trust & estates lawyer for that area.

Estate – Non-resident Fiduciary is one of the many probate court forms available for download through Atticus.

It may also be available through some Tennessee probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Tennessee.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Estate – Non-resident Fiduciary f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Tennessee probate court office.

Estate – Non-resident Fiduciary is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Tennessee-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Tennessee Form Estate – Non-resident Fiduciary. You can use this to get an idea of the context of the form and what type of information is needed.

Tennessee Department of State Division of Business Services Nonresident Fiduciary Appointment Services Secretary of State Revised 11/2002 WHAT IS A NONRESIDENT FIDUCIARY? • A nonresident fiduciary is a person who does not reside in Tennessee, or a bank or trust company not authorized to do business in Tennessee, that is appointed by will, deed, trust agreement, court order or otherwise to serve as trustee of a corporate or personal trust, personal representative of an estate, guardian, conservator for an incompetent person, guardian for a minor or in any other fiduciary capacity. • Only certain types of individuals, banks or trust companies may serve as nonresident fiduciaries. Please consult Tennessee Code Annotated, Section 35-50-107 for a complete listing of qualified persons or entities. WHAT MUST A NONRESIDENT FIDUCIARY FILE WITH THE TENNESSEE SECRETARY OF STATE? • A nonresident person, bank or trust company cannot serve in a fiduciary capacity in Tennessee unless and until it has appointed in writing the Tennessee Secretary of State as its agent for service of process. This appointment authorizes the Secretary of State to receive and to forward to the nonresident fiduciary by registered or certified mail all process in any action or proceeding relating to any trust, estate or matter within this State in which the person, bank or trust company is serving as fiduciary. • The appointment document submitted to the Secretary of State must contain the following items: 1. The name of the specific trust, estate, or person for which the fiduciary has been appointed; 2. The name and out-of-state street address (including zip code) of the fiduciary; 3. A statement clearly designating the Tennessee Secretary of State as agent for service of process; 4. An original signature of the nonresident person or the representative of the bank or trust company (or a certified copy of the signed appointment document); and 5. The date the document is signed. • The appointment document need not be in affidavit form or notarized. • The appointment document must be accompanied by a filing fee of $10.00. Please make checks or money orders payable to the Tennessee Secretary of State. • The appointment document and filing fee should be submitted by mail or in person (no faxes) to the Tennessee Department of State, Division of Business Services, Nonresident Fiduciary Section (see address and location information below). • An appointment document received by the Division of Business Services, regardless of the method of delivery, is endorsed upon receipt with a date and time stamp. This date and time become the official filing date and time if the document is accepted for filing. • An appointment document accepted for filing by the Division of Business Services is microfilmed and information concerning the appointment is entered into the Division’s nonresident fiduciary database. • An appointment document accepted for filing by the Division of Business Services is returned to the submitter. A letter of acknowledgment and a receipt are also provided as documentation of the filing and the receipt of the filing fee. WHERE CAN I OBTAIN AN APPOINTMENT FORM? • Form SS-4512 is available at our website at www.state.tn.us/sos , or can be obtained from the Nonresident Fiduciary Unit upon request. However, the use of this form is not mandatory. Any document that meets the statutory requirements will be accepted for filing. COUNTER SERVICE Customers may obtain nonresident fiduciary services in person during regular business hours (8:00 a.m. until 4:30 p.m. (CST) Monday - Friday). The Division is located on the 6 th floor of the William R. Snodgrass Tower, 312 Eighth Avenue North, Nashville, TN. MAILING ADDRESS State of Tennessee Department of State Division of Business Services Nonresident Fiduciary Unit 312 Eighth Avenue North 6 th Floor, Wm. R. Snodgrass Tower Nashville, TN 37243 TELEPHONE NUMBER For other assistance on nonresident fiduciaries, please contact us at: (615) 741-0531 E-MAIL ADDRESS Business.Services@state.tn.us FAX NUMBER (615) 741-7310 The Department of State is an equal opportunity, equal access, affirmative action employer. Department of State, Authorization No. 305262, 500 copies, November 2002 This public document was promulgated at a cost of $.08 per copy. AGENT APPOINTMENT BY NONRESIDENT FIDUCIARY (SS-4512) Business Services Division Tre Hargett, Secretary of State State of Tennessee 312 Rosa L. Parks Ave., 6th Fl. Nashville, TN 37243 (615) 741-2286 For Office Use Only Filing Fee $10.00 The undersigned, a nonresident person, bank or trust company, wishing to act as a fiduciary in the State of Tennessee in conformity with the laws thereof, hereby appoints the Secretary of State of the State of Tennessee as the undersigned’s agent for service of process pursuant to T.C.A. § 35-50-107. All process in any suit or proceeding against the undersigned may be served upon the Tennessee Secretary of State in any action or proceeding relating to any trust, estate or matter within this State in respect of which the undersigned is acting in a fiduciary capacity. The undersigned agrees that any process against the undersigned, which is served upon the Tennessee Secretary of State, shall be of the same legal force and validity as if served on the undersigned. It is understood that this appointment shall continue for as long as any liability shall remain outstanding against the undersigned pertaining to any such matters. 1. The specific trust, estate or person for which the undersigned has been appointed as fiduciary is: 2. The street address (including zip code) of the undersigned (to which all copies of legal process should be addressed) is: Address: City: State: Zip Code: Note: Pursuant to T.C.A. § 10-7-503, all information on this form is public record. Executed this ______ day of , 20 ___. Name (Printed or Typed) Signature (Rev: 6/13) RDA 1764