Petition For Letters Of Administration

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.

Petition For Letters Of Administration 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 Petition For Letters Of Administration

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Letters Of Administration:

• 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 Petition For Letters Of Administration 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 Petition For Letters Of Administration, 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 Petition For Letters Of Administration 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 Petition For Letters Of Administration 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 Petition For Letters Of Administration, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Letters Of Administration 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 Petition For Letters Of Administration 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.

Petition For Letters Of Administration 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 Petition For Letters Of Administration. You can use this to get an idea of the context of the form and what type of information is needed.

IN THE _________________ COURT OF ____________________________ COUNTY, TENNESSEE PETITION FOR INTESTATE ADMINISTRATION PROBATE DIVISION FILE NO. IN THE MATTER OF THE ESTATE OF , DECEDENT 1. PETITIONER(S) Physical Address: ______________________________________________________________________________________ Relationship of Petitioner(s) to Decedent: ____________________________________________________________________ 2. DECEDENT Decedent died on _____________ at the age of ______ at ______________________________________________________ Date City & State Decedent's residence at time of death was: ______________________________________________, _______________________________, ____________ __________ Street and Number City State Zip Code 3. PERSONAL REPRESENTATIVE(S) Petitioner(s) seek to have __________________________________________________appointed as personal representative(s) for this estate and verily believe said person(s) stand ready, willing and qualified to undertake the office as required by law and will furnish bond as directed by the C OURT. 4. HEIRS & DISABILITY (a) Decedent’s heirs are: Name Age Relation Mailing Address Zip Code (b)Decedent’s heirs who are under a disability are: _________________________________________________________________________________ (c)There __ is __ is not a Conservatorship/Guardianship matter, pending or resolved with Docket No.: ______________ 5. VALUE Estimated fair market value of 1. Non-probate assets Personalty $ Realty in: $ 2. Assets to be administered Personalty $ Realty in:* $ 3.Total estimated gross value of this estate is: $ *Realty is usually a non-probate asset unless required to be sold to pay debts. Name: ___________________________ Age: _________ Mailing Address: ________________________________________ 6. DECLARATIONS (a) Petitioner(s) hereby declares that upon his/her/their personal knowledge, he/she/they is not a convicted felon. __________ (Petitioner please initial) __________ (Co-Petitioner, if any, please initial) *Pursuant to T.C.A. § 30-1-117(a)(10), you must provide a statement of any felony or misdemeanor convictions, and a statement of any sentence of imprisonment in a penitentiary as an exhibit to this petition.* (b) Petitioner(s) hereby declares that the value of the assets to be administered is in excess of $50,000 and therefore cannot be administered under the Small Estates Act pursuant to T.C.A. § 30-4-101 et seq. __________ (Petitioner please initial) __________ (Co-Petitioner, if any, please initial) (c) Did the Decedent have an on-going business operating as a sole proprietorship, partnership, single member LLC, or other on-going business operation of any type? __ Yes __ No __ Unknown *If yes, pursuant to T.C.A. § 30-1-117(a)(11), you must attach a statement of the names and addresses of all such ongoing business or economic enterprises as an exhibit to this petition.* 7. TENNCARE At time of death, was Decedent enrolled in TennCare? __ Yes __ No __ Unknown PREMISES CONSIDERED, PETITIONER(S) PRAY 1. That notice by publication __ be given for creditors of Decedent's estate requiring them to file their claims. T.C.A. § 30-2-306(a). __ not be given. T.C.A. § 30-2-306(e). 2. That the court qualify the personal representative(s) and issue letters of administration. 3. That if bond is required and if the inventory reveals the estate exceeds the amount as set out in this petition, the personal representative(s) be required to increase the bond accordingly. 4. That the inventory be waived or that 60 days be allowed for its filing. T.C.A. § 30-2-301(a). 5. That the affidavit to residuary distributes be waived or that 60 days be allowed for its filing. T. C. A. § 30-2-301(b)(1)(B). 6. That, for a decedent who was 55 years or older at time of death, the affidavit of notice to TennCare be filed within 60 days. T. C. A. § 30-2-301(b)(5). Petitioner(s) certify(ies) that Petitioner(s) is/are unaware of any paper, document, instrument, or codicil which may be a Will of Decedent. The facts averred in this petition are true to the best knowledge, information, and belief of Petitioner(s). Petitioner Petitioner Address Address Phone Phone WE ARE SURETY FOR COSTS IN THIS CAUSE. Attorney(s ) for Petitioner(s) By____________________________________ _________ BPR# Address ___________________________________________________________ ___________________________________________________________ Tel. N0. Fax N0. _________________ COURT OF ___________________ COUNTY TENNESSEE } Sworn to and subscribed before me this ____ day of __________________, 20 __ __ . ___________________________________, SIGNATURE T ITLE: __________________________________ By: ______________________________ , Deputy Probate Clerk __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ ___________________________________________________________ ___________________________________________________________ ORDER From an examination of Petitioner(s) and witnesses under oath it appears the facts stated in the petition are true, and to the best knowledge of Petitioner(s), the estimated gross value of this estate is $______________, and that after proper qualification and pursuant to T.C.A. § 16-16-201 letters are to be issued to: _____________________________________________________________________________________________________ Bond: __ Waived __ Set at $ ________________________ Inventory: __ Waived __ 60 days to file accurate inventory of the probate estate. T.C.A. § 30-2-301(a). Affidavit of Notice to each devisee or legatee: __ Waived __ 60 days to file affidavit. T.C.A. § 30-2-301(b). Affidavit of Notice to TennCare: __ N/A __ 60 days to file affidavit. T. C. A. § 30-2-301(b)(5). This ____ day of ____________________, 20 ____ . ____________________________________________ Signature P RINTED NAME: _______________________________ T ITLE: ______________________________________ IF REQUIRED UNDER THIS ORDER, THE INVENTORY, AFFIDAVIT OF NOTICE TO HEIRS AND NOTICE TO TENNCARE IS DUE _______________________________, 20_____ . FAILURE TO FILE ANY REQUIRED DOCUMENT CHECKED ABOVE SHALL RESULT IN A SHOW CAUSE HEARING WHEREIN THE COURT MAY ORDER THAT A BOND BE REQUIRED BY THE PERSONAL REPRESENTATIVE.