Tennessee Petition for Administration

State:
Tennessee
Control #:
TN-SKU-1037
Format:
PDF
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Petition for Administration

How to fill out Tennessee Petition For Administration?

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FAQ

In Tennessee, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.

In an intestate estate (where the deceased person died without a Will), the Court will appoint a personal representative to administer the estate.

The court issues this person "letters testamentary," which give the person authority to take charge of estate assets. If there's no will, a family member?usually the surviving spouse or grown child?asks the court to be appointed as administrator, and the court issues "letters of administration."

Under Tennessee law of descent and distribution the term ?next of kin? means the persons most nearly related to the decedent by blood. A decedent's spouse and next of kin make up the group of people entitled to inherit from a decedent's estate when a decedent dies without a will.

Children in Tennessee Inheritance Laws When someone dies with children, but no spouse, his or her children are entitled to the complete inheritance of the estate. If their parent was married when he or she died, though, the intestate estate is split evenly among all the children and the spouse.

If someone dies intestate in Tennessee with no surviving spouse or descendants, the first beneficiaries would be their parents, if they still live. The estate will be divided between both parents if they're alive or pass in entirety to one survivor. If no parents are alive, the estate then passes to any siblings.

An affidavit of heirship is the simplest way of transferring real property after a person has passed away. When a person dies in Tennessee without a will, real estate immediately vests in the heirs of the decedent.

If an estate is valued at less than $25,000, there is no Will and the decedent was not married, in Tennessee, you can use the summary probate procedure. Note that the state does not have an Affidavit procedure for small estates.

More info

1) Any person may use this form to petition the court for administration or probate of a will and the appointment of an administrator or executor. A petition for administration or probate of will should be submitted to the Probate Court within 30 days of the decedent's death.This petition is to ask the court for permission to publish a notice seeking information about a person presumed dead. Complete sections 13A-13F only if the deceased died without a will: 13A. List the decedent's surviving spouse, if any. Name. You must certify to the Probate Court that you have done so. If Administration, c.t.a. How do I file a Petition for Probate? How do I complete the forms? If you need to obtain a Letter of Administration you will need to file an application with your county court.

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Tennessee Petition for Administration