The Executor’s Role in Tennessee Probate: What You Need to Know
If you’ve been named the executor of someone’s estate in Tennessee, you might feel honored—but also a little overwhelmed. What does an executor actually do? How do you navigate the court system? And what are you legally responsible for?
Don’t worry—this blog will break it all down. Whether you’re preparing your own estate plan or you’ve recently been named in a will, here’s what you need to know about serving as an executor in Tennessee.
What Is an Executor?
An executor (also known as a “personal representative”) is the person responsible for handling someone’s estate after they pass away. If the person had a will, the executor is usually named in it. If there’s no will, the court appoints someone—typically a close family member—to serve as an administrator of the estate. The duties are similar.
In Tennessee, the executor is appointed by the probate court after filing the will and a petition to open probate.
Key Responsibilities of an Executor in Tennessee
Being an executor means more than just reading a will. It’s a legal job with real responsibilities. Here’s what you’ll be expected to do:
1. File the Will and Open Probate
The first step is to file the deceased person’s will with the county probate court (usually in the county where they lived). You’ll also need to file a petition to open probate.
2. Get Appointed by the Court
The court will officially appoint you as executor and issue Letters Testamentary, giving you the legal authority to act on behalf of the estate.
3. Notify Heirs and Creditors
Tennessee law requires that you notify beneficiaries named in the will, as well as publish a notice to creditors in a local newspaper to give them a chance to file claims.
4. Inventory the Estate
This includes:
- Listing all property, bank accounts, personal belongings, and debts
- Getting appraisals if needed
- Determining which assets are subject to probate
5. Manage the Estate
You’ll be responsible for:
- Paying ongoing bills
- Maintaining property (like the home)
- Keeping detailed records of all transactions
6. Pay Debts and Taxes
You must use estate funds to pay valid debts and any applicable taxes. If there isn’t enough money to cover everything, you may need to sell assets—but only under court supervision.
7. Distribute the Assets
Once all debts are paid and the court approves, you’ll distribute the remaining assets to heirs or beneficiaries according to the will—or according to Tennessee’s intestacy laws if there’s no will.
8. Close the Estate
After everything is handled, you’ll file a final accounting with the court and officially close the estate.
How Long Does an Executor’s Job Last?
In Tennessee, probate estates must remain open for at least four months to allow creditors time to file claims. Most estates take six months to a year to fully resolve, though more complex or contested estates can take longer.
Does an Executor Get Paid?
Yes—executors in Tennessee are entitled to reasonable compensation for their work, unless the will states otherwise. The fee is often a small percentage of the estate’s value, but the court must approve it.
Some family members waive the fee, especially if they’re also inheriting a large portion of the estate—but it’s not required.
Can You Decline to Serve as Executor?
Absolutely. Just because you’re named in the will doesn’t mean you have to serve. If you don’t want the responsibility, you can file a declination with the court and someone else—either an alternate named in the will or a court-appointed administrator—will take over.
When to Get Help
Being an executor can be a big job. You’re personally responsible for handling the estate properly, and mistakes (even honest ones) can cause legal or financial trouble. If the estate is large, complex, or includes business interests or out-of-state property, it’s smart to consult a probate attorney.
Many executors work with lawyers to make sure everything is done correctly—and to make the process less stressful.
Final Thoughts
Being named executor is a sign of trust and respect, but it comes with real duties. With patience, organization, and a little help when needed, you can guide the estate through the probate process and honor your loved one’s wishes.
If you’ve been named an executor in Tennessee and have questions, don’t hesitate to reach out to a legal professional. A little guidance goes a long way when it comes to probate.