Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson)

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.

Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson) 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 Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson):

• 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 Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson) 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 Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson), 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 Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson) 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 Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson) 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.

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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 Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson), and when in doubt— consult a qualified trust & estates lawyer for that area.

Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson) 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 Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson) 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.

Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson) 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 Small Estate Petition For Limited Letters Of Authority (Wilson) (Willson). You can use this to get an idea of the context of the form and what type of information is needed.

PETITION FOR LIMITED LETTERS FOR A SMALL ESTATE GUIDELINES T.C.A. §30-4-101, et. seq. Limited Letters are used to administer assets with a total gross value at or below $50,000.00. FILING FEE: $133.00 (Cash, Check or *Credit Card) * Credit Card will add a 3% fee FORMS REQUIRED: Petition for Limited Letters for a Small Estate Order for Limited Letters Consent to Serve Without Bond Form (1 for each Next-of-Kin) Original Will (if decedent left a Will) Copy of the Death Certificate TennCare Request for Release of Estate Recovery Claim (TennCare Release is only required if the decedent was 55 or older) ADDRESS OF CLERK: Wilson County Probate Court Clerk's Office 134 South College Street Lebanon, TN 37087 615-466-5311 Listed below are the requirements, information and criteria for filing a Petition for Limited Letters: The total value of all of the personal property must be $50,000.00 or less and not include real property. The decedent must have resided in Wilson County. If the decedent's place of death was in Wilson County but the decedent's residence was in another county, the Petition must be filed in the county of residence, not Wilson County. You must wait forty-five (45) days from the date of death to file the Petition for Limited Letters. (If the 45 day waiting period has not passed, the Judge must waive the waiting period.) You must include the decedent's full name (as it appears on the Death Certificate) when preparing the Petition. If the decedent left a Will, you must bring the original Will to the Clerk's Office. As the Petitioner, you must obtain signed and notarized (or signed under penalty of perjury) Consent to Serve Without Bond forms of all the next-of-kin. If you are unable to obtain Consent form(s), you must notify the next-of-kin of the hearing date. NOTE: Minor and incompetent individuals cannot consent. If the Petition incorporates minors or incompetents, the Court may set a Bond for the value of the personal property sought in the Petition. You must list any known unpaid debts the decedent had at the time of death. Please list the creditor's name, address and amount of the debt. If the amount of the debt exceeds the value of the personal property, you should seek legal advice from an attorney. List the location and value of the assets you are trying to gain access to. Although the Clerk's Office is authorized to assist in completing the Petition for Limited Letters for a Small Estate form, this office is not allowed to give legal advice. If you have any legal questions regarding this process, you should seek legal advice from an attorney. To obtain an EIN number go to Https://sa.www4.irs.gov/modiein/individual/index.jsp Petitioner’s name is ________________________, address is __________________________________________, age is _______, and relationship to the decedent is ____________________. Petitioner is (check one): __ a competent adult heir of the decedent __ nominated to serve as Personal Representative of the decedent’s Last Will & Testament and distribution under the Decedent’s will is different than distribution by intestate distribution. Petitioner has no felony or misdemeanor (excluding, if any, minor traffic offences) convictions, and is not disqualified from serving as Personal Representative of the decedent’s estate because of having been sentenced to imprisonment in a penitentiary as set forth in T.C.A. § 40- 20-115 or otherwise. Petitioner requests that Limited Letters be issued and hereby states the following, under oath, in support of this Petition pursuant to T.C.A. § 30-4- 103 and T.C.A. § 30-1-117: The decedent, __________________________, died on _______________________, at the age of ________. The decedent’s place of death was _____________________________________________________________. Decedent’s residence at the time of death was ____________________________________________________. Check one : __ The decedent left no Will (died intestate) __ The decedent left a Will (died testate); petitioner is not aware of any instrument revoking the document being offered for probate as the decedent’s Will and petitioner believes said instrument is the decedent's last Will. The date of execution of the Will is ______________________. The names of the attesting witnesses are as stated in the Will: _____________________ and ________________________, and (check one): __ The original Will is being filed simultaneously herewith along with affidavits of the attesting witnesses. __ Petitioner is simultaneously filing a Petition to admit the Will to probate as muniment of title per T.C.A. § 32-2-111. The name, age (if under 18), mailing address (if known), and relationship of each heir at law of the decedent are (attach additional pages if necessary): PROBATE COURT FOR WILSON COUNTY AT LEBANON, TENNESSEE PET ITION FOR LIMITED LETTERS FOR A SMALL ESTATE Case Number ______________ In the Matter of the Estate of: ____________________________________________________________ Deceased ____________________________________________________________ Personal Representative PETITION FOR SMALL ESTATE LETTERS Form 005P, Rev. 1. 10.2024 Name Age Address Relationship AND If the decedent left a Will, name, age (if under 18), mailing address (if known), and relationship of each Will beneficiary are (attach additional pages if necessary): Name Age Address Relationship The following heirs and/or persons entitled to inherit from the decedent are under a disability (if “none”, so state): ________________________________________________________________________________________________ Filing of inventory and accountings are not required by law in a small estate proceeding under T.C.A. § 30-4-101, et seq. As mandated by T.C.A. § 30-4-103(2), an itemized list of the personal property of the decedent which will be subject to this small estate proceeding, the value of each item of property (the total of which is the estimated of the fair market value of the decedent’s estate subject to this small estate proceeding), the identity of each creditor of the decedent, and the amount owing to each identified creditor are shown on Exhibit A hereto. Check one: __ Bond is required in the amount of $____________ (value of the decedent’s estate subject to this small estate proceeding) __ Bond is waived because (check one): __ The Will allows bond to be waived for Petitioner __ Petitioner is the sole beneficiary of the decedent’s estate __ All adult heirs and beneficiaries of the decedent’s estate have consent in writings (filed simultaneously herewith) __ Affiant is a bank excused from bond by T.C.A. § 45-2-1005. Petitioner acknowledges/agrees as follows: 1. Petitioner is willing to collect and preserve all assets of the estate, pay all creditors and distribute the remainder in accordance with the terms of the Will or according to the laws of descent and distribution of the State of Tennessee. 2. A small estate proceeding CANNOT be used to transfer real property; the limited letters issued in a small estate proceeding DO NOT do not empower the personal representative to handle any real estate matters of the decedent. 3. The personal representative (and sureties, if any) will automatically be discharged on the first anniversary of the issuance of limited letters and the small estate proceeding will automatically close without further notice to any party. PETITION FOR SMALL ESTATE LETTERS Form 005P, Rev. 1. 10.2024 4.The personal representative will be liable to TennCare (to the extent of the value of all property subject to this small estate proceeding) if a distribution is made prior to reimbursement to TennCare of all medical assistance owed per TCA § 71-5-116. 5.Petitioner is aware of all duties imposed upon the personal representative of a small estate proceeding as provided in The Small Estate Probate Act and any other relevant provisions of Title 30 of the Tennessee Code. I, the undersigned petitioner, swear or affirm under penalty of perjury that the foregoing (and the information shown on attached Exhibit A) is true and correct to the best of my knowledge and belief. Witness my hand this the ___________day of _____________________ 20 ______. __________________________________________ Petitioner State of __________________ County of ________________ Before me, a notary public in and for said County and state, appeared the above-named Petitioner, whose identity is personally known to me (or proven on the basis of satisfactory evidence) and swore or affirmed that the information contained in the foregoing Petition (including Exhibit[s] thereto) are true and correct to the best of Petitioner's knowledge and belief. On this the ________ day of _____________________, 20 ____. ___________________________________ Notary Public/Deputy Clerk Commission expires: _________________ PETITION FOR SMALL ESTATE LETTERS Form 005P, Rev. 1. 10.2024 EXHIBIT A The Decedent left the following unpaid debts at death: Creditor Name / Description of Debt Amount of Debt ($) $ $ $ $ $ $ Attach additional pages if necessary. The decedent died owning the following personalty: (List all personal property. Also list decedent’s financial accounts which did not pass by right of survivorship or pay/transfer on death designation outside of the decedent’s estate. Also list policies of insurance payable to the decedent’s estate. DO NOT list real property. DO NOT list assets that passed outside of the decedent’s estate.) Items / Financial Accounts / Insurance / Other Personalty Fair Market Value ($) $ $ $ $ $ $ Attach additional pages if necessary. IN THE PROBATE COURT FOR WILSON COUNTY, TENNESSEE IN THE MATTER OF: _________________________________, Deceased Case No. ________________ PERSONAL REPRESENTATIVE OATH In accordance with TC.A. §30-1- 111, I, ________________________________, do solemnly swear or affirm that I will honestly and faithfully perform the duties as Personal Representative in the above-referenced estate to the best of my ability and knowledge, and I do solemnly swear or affirm that all statements in the Petition about me are true and accurate and I am not disqualified because of having been sentenced to imprisonment in a penitentiary as set forth in T.C.A. §40-20-115 or otherwise; SO HELP ME GOD. Signature of Affiant: __________________________________________________________ Address of Affiant: __________________________________________________________ __________________________________________________________ Sworn to and subscribed before me, this _____ day of ________________, 20 ____. __________________________________ Notary Public/Deputy Clerk My Commission Expires: _____________________________ PROBATE COURT FOR WILSON COUNTY AT LEBANON, TENNESSEE CONSENT TO SERVE WITHOUT BOND CASE NUMBER In the Matter of the Estate of: Deceased Personal Representative __ WITHOUT A WILL I, _________________________________________________, beneficiary of the above-referenced estate, do hereby waive my appointment as the Personal Representative of this estate and consent to the appointment of ____________________________________ as Personal Representative of the estate, as evidenced by my signature below, whether notarized or signed under penalty of perjury, and I further state to the Court that this appointment shall be without Surety Bond. __ WITH A WILL I, , beneficiary of the above-referenced estate, do hereby waive the requirement of bond in the administration of the Small Estate by the Personal Representative named as the Executor in the Will. ___________________________________________________________________________________________ This the _______ day of ___________________________, 20 ____. Print Name: _____________________________ Address: ________________________________ ________________________________ I certify under penalty of perjury that the foregoing is true and correct. Signature State of __________________________ County of_________________________ Sworn to and subscribed before me, this _____ day of __ _________________, 20 ____. OR Signature Notary Public/Deputy Clerk My Commission Expires: _____________________ Form: RFR 2024-1 RFR PROCESSING UNIT 310 GREAT CIRCLE ROAD, 3W NASHVILLE, TN 37243 Phone: (615) 741-0636, Fax (615) 413-1941 Email: RFR.TENNCARE@TN.GOV REQUEST FOR RELEASE INCLUDE A DEATH CERTIFICATE WITH READABLE SOCIAL SECURITY NUMBER Deceased Person’s Name: First Middle Last Person Submitting Request Name: Address: Street Address Suite # City State Zip Code Phone: Email: Information About Probate Court Case Has a probate court case been filed? If yes, check the box and fill out the rest of this section. County the case was filed in: Date the case was filed: Court Case Number: Request that TennCare Waive or Delay Recovery of Claim Are you are asking TennCare to waive (drop) or delay recovery of its claim? If yes, check any boxes that apply. See the instructions at the bottom of this page for the other documents you must send us with this page. Deceased is survived by a child under 21 2 Deceased had long-term care insurance 3 Deceased is survived by a child that the Social Security Administration determined to be blind or permanently and total disabled. 4 Deceased is survived by a spouse Surviving Spouse’s SSN Surviving spouse’s full name Information about Trust Is the deceased the beneficiary of a trust with a Medicaid payback provision? If yes, check this box and list the trustee’s contact information below. Please provide a copy of the trust. Name: Address: Street Address Suite # City State Zip Code Phone: Email: INSTRUCTIONS: 1. Email, mail or fax this completed page and the deceased’s death certificate with a legible Social Security Number to the RFR Processing Unit. 2. If the deceased is survived by a child under 21, also send us a copy of the child’s birth certificate. 3. If the deceased had long-term care insurance, also send us a copy of the policy documents with this page. 4. If the deceased was survived by a blind or disabled child, also send us a copy of the child’s birth certificate and the determination/award letter from the Social Security Administration. 5. If the deceased is the beneficiary of a trust with a Medicaid payback plan, also send us a copy of the trust. Form: RFR 2024-1 •Do you need help talking with us or reading what we send you? •Do you have a disability and need help getting care or taking part in one of our programs or services? •Or do you have more questions about your health care? Call us for free at 866-389-8444. We can connect you with the free help or service you need. (For TRS call: 711) We obey federal and state civil rights laws. We do not treat people in a different way because of their race, color, birth place, language, age, disability, religion, or sex. Do you think we did not help you or you were treated differently because of your race, color, birth place, language, age, disability, religion, or sex? You can file a complaint by mail, by email, or by phone. Here are two places where you can file a complaint: TennCare Office of Civil Rights Compliance 310 Great Circle Road, Floor 3W Nashville, Tennessee 37243 Email: HCFA.Fairtreatment@tn.gov Phone: 1-855-857-1673 (TRS 711) You can get a complaint form online at: https://hhs.gov/ocr/complaints/index.html U.S. Department of Health & Human Services, Office for Civil Rights 200 Independence Ave SW, Rm 509F, HHH Bldg., Washington, DC 20201 Phone: 1-800-368-1019 (TDD): 1-800-537-7697 You can get a complaint form online at: http://www.hhs.gov/ocr/office/file/index.html Or you can file a complaint online at: https://ocrportal.hhs.gov/ocr/portal/lobby.jsf Form: RFR 2024-1 Do you need free help with this letter? If you speak a language other than English, help in your language is available for free. This page tells you how to get help in a language other than English. It also tells you about other help that’s available. Spanish: Español ATENCIÓN: si habla español, tiene a su disposición servicios gratuitos de asistencia lingüística. Llame al 866-389-8444 (TRS:711). Kurdish: کوردی ئاگاداری: ئەگەر بە زمانی کوردی قەسە دەکەیت، خزمەتگوزاریەکانی یارمەتی زمان، بەخۆڕایی، بۆ تۆ بەردەستە. پەیوەندی بە 866-389-8444 (TRS:711). بکە. Arabic: العربية 866-389-8444 :برقم اتصل .مجانا لك متوفرة اللغویة المساعدة خدمات العربیة اللغة تتكلم اذا :ملحوظة (TRS: 711)البكم و الصم ها تف رقم Chinese: 繁體中文 注意：如果您使用繁體中文，您可以免費獲得語言援助服務。請致電866-389-8444 (TRS: 711). Vietnamese: Tiếng Việt CHÚ Ý: Nếu bạn nói Tiếng Việt, có các dịch vụ hỗ trợ ngôn ngữ miễn phí dành cho bạn. Gọi số 866-389-8444 (TRS:711). Korean: 한국어 주의: 한국어를 사용하시는 경우, 언어 지원 서비스를 무료로 이용하실 수 있습니다. 866-389-8444 (TRS:711).번으로 전화해 주십시오. French: Français ATTENTION : Si vous parlez français, des services d'aide linguistique vous sont proposés gratuitement. Appelez le 866-389-8444 (TRS:711). Amharic: አማርኛ ማስታወሻ: የሚናገሩት ቋንቋ ኣማርኛ ከሆነ የትርጉም እርዳታ ድርጅቶች፣ በነጻ ሊያግዝዎት ተዘጋጀተዋል፡ ወደ ሚከተለው ቁጥር ይደውሉ 866-389-8444 (መስማት ለተሳናቸው:TRS:711 ). Gujarati: ગ ુ જરાતી સ ુ ચના: જો તમ ે ગ ુ જરાતી બોલતા હો, તો નન:શ ુ લ્ક ભાષા સહાય સ ે વાઓ તમારા માટે ઉપલબ્ધ છ ે . ફોન કરો 866-389-8444 (TRS:711) . Laotian: ພາສາລາວ ໂປດຊາບ: ຖ ້ າວ ່ າ ທ ່ ານເວ ້ າພາສາ ລາວ, ການບ ໍ ລ ິ ການຊ ່ ວຍເຫ ຼື ອດ ້ ານພາສາ, ໂດຍບ ໍ ່ ເສ ັ ຽຄ ່ າ, ແມ ່ ນມ ີ ພ ້ ອມໃຫ ້ ທ ່ ານ. ໂທຣ 866-389-8444 (TRS:711). German: Deutsch ACHTUNG: Wenn Sie Deutsch sprechen, stehen Ihnen kostenlos sprachliche Hilfsdienstleistungen zur Verfügung. Rufnummer: 866-389- 8444 (TRS:711). Tagalog: Tagalog PAUNAWA: Kung nagsasalita ka ng Tagalog, maaari kang gumamit ng mga serbisyo ng tulong sa wika nang walang bayad. Tumawag sa 866-389-8444 (TRS:711). Hindi: ह िंदी ध्यान द ें : यदद आप द िंदी बोलते ैं तो आपके ललए म ु फ्त म ें भाषा स ायता सेवाएिं उपलब्ध ैं । 866-389-8444 (TRS:711) . पर कॉल कर ें । Serbo-Croatian: Srpsko-hrvatski OBAVJEŠTENJE: Ako govorite srpsko-hrvatski, usluge jezičke pomoći dostupne su vam besplatno. Nazovite 866-389-8444 (TRS- Telefon za osobe sa oštećenim govorom ili sluhom: 711 ). Russian: Русский ВНИМАНИЕ: Если вы говорите на русском языке, то вам доступны бесплатные услуги перевода. Звоните 866-389-8444 (телетайп: TRS:711 ). Nepali: नेपाली ध्यान ददन ु ोस ् : तपार्इंले नेपाली बोल्न ु ु न्छ भने तपार्इंको ननम्तत भाषा स ायता सेवा रू ननिःश ु ल्क रूपमा उपलब्ध छ । फोन गन ु ु ोस ् 866-389-8444 (दिदिवार्इ: TRS:711 । Persian: فارسی توجه :اگر بە زبان فارسی گفتگو می کنید، تسهیلات زبانی بصورت رایگان برای شما فراهم می باشد .با (TRS:711) 866-389-8444 تماس بگیرید .