Executor Checklist Tennessee: Your Step-by-Step Guide to Settling an Estate

Being named executor of an estate in Tennessee comes with significant legal obligations, strict deadlines, and personal financial liability if things go wrong. Most people have never done it before, and the state's decentralized court system — where procedures vary by county, forms are not standardized statewide, and attorney requirements differ by jurisdiction — adds another layer of complexity.

This checklist organizes the executor's duties in Tennessee into a roughly chronological sequence. Not every step applies to every estate, but working through this list systematically ensures you don't miss a deadline or expose yourself to unnecessary liability.

Days 1–7: Immediate Steps

Secure the decedent's property. Lock the residence, secure vehicles, and take possession of valuables. If the decedent lived alone, change the locks or ensure no unauthorized person has access. A stolen or damaged asset during this window is still your responsibility as executor.

Locate the will and any advance directives. Search the home, check any safe deposit box, and contact the decedent's attorney if they had one. The original will must be filed with the probate court. If you suspect the will is in a safe deposit box, Tennessee law (T.C.A. § 45-2-905) allows a qualified personal representative named in a copy of the will to access the box by presenting the death certificate and a copy of the will — without waiting for court-issued Letters Testamentary.

Coordinate funeral arrangements. The family makes the funeral decisions, but as executor you may be involved in ensuring the decedent's pre-need funeral directives (if any) are honored. Under the FTC Funeral Rule, you have the right to itemized pricing and can purchase only what you want.

Order an adequate number of death certificates. Tennessee death certificates cost $15 per copy from the Office of Vital Records (Form PH-1663). In-person requests at county health departments are typically same-day. Order more than you think you'll need — one for each financial institution, one per life insurance policy, one for probate court, one for the SSA, and at least two spares. Running short means weeks of delay.

Notify the Social Security Administration. SSA should be notified promptly to stop benefit payments (overpayments create obligations for the estate). The funeral director typically handles this electronically, but verify it was done. The surviving spouse should also apply for the one-time $255 federal death benefit if eligible.

Weeks 2–4: Documentation and Notifications

Identify all assets. Categorize assets as probate (solely owned, no beneficiary designation) or non-probate (jointly owned, beneficiary designated, or held in trust). Non-probate assets — life insurance, retirement accounts, POD bank accounts — pass outside of probate entirely and go directly to named beneficiaries.

Freeze or monitor financial accounts. Notify banks and brokerages of the death to prevent unauthorized transactions. Sole accounts should be flagged as estate assets. Do not withdraw funds from solely-owned accounts before you have Letters Testamentary — this creates legal problems.

Notify credit bureaus. Contact Equifax, Experian, and TransUnion to place a "Deceased Alert" on the decedent's credit file, preventing post-mortem identity theft.

Cancel subscriptions and digital accounts. Stop recurring charges on credit cards, utilities at vacant properties (or keep them active if needed to maintain the property), streaming services, and online subscriptions.

Contact life insurance companies. Life insurance with a named beneficiary passes outside of probate. Notify each insurer, provide the death certificate, and initiate claims. Insurers typically require the certificate with cause of death.

Month 1–2: Opening the Estate

Determine which court has jurisdiction. In Tennessee, probate jurisdiction varies by county. Davidson County (Nashville) and Shelby County (Memphis) have dedicated Probate Courts. Most other counties use the Chancery Court. Some counties use Circuit or General Sessions Court. Call the county courthouse to confirm.

Obtain county-specific probate forms. Tennessee has no standardized statewide forms. Get the correct petition forms from the local county clerk's office directly.

File the Petition for Letters Testamentary (or Letters of Administration if no will). File with the appropriate court along with the original will, certified death certificate, and the filing fee (typically $300–$450 depending on the county). Be prepared to post a surety bond unless the will waives it.

Determine if the estate qualifies for Small Estate Administration. If the total personal property is $50,000 or less and there is no real estate requiring probate, the estate may qualify for the simplified small estate procedure under T.C.A. § 30-4-101. This requires a 45-day waiting period from the date of death. If the estate qualifies, you file for "Limited Letters" rather than full Letters Testamentary.

Publish the Notice to Creditors. The court clerk publishes the notice in a local newspaper, and you must mail the notice to all known creditors. Publication typically adds $80–$150 to costs depending on the local newspaper. The date of first publication starts the creditor claims clock.

Within 60 Days of Qualification: Two Mandatory Deadlines

File an inventory of all probate assets. Within 60 days of receiving your Letters, compile and file a complete inventory of every probate asset with the court, verified by oath. This includes all real estate, bank accounts, investment accounts, business interests, vehicles, and tangible personal property in the estate. The requirement can only be waived if the will explicitly excuses it or all residuary beneficiaries consent in writing.

Notify all beneficiaries. Within the same 60-day window, formally notify every beneficiary named in the will. Residuary beneficiaries must receive a complete copy of the will. File an affidavit with the probate clerk certifying that all required notifications were completed.

Missing these deadlines creates legal exposure. Mark them on a calendar the day you receive your Letters.

Months 2–6: Managing the Creditor Period

Do not distribute assets yet. During the creditor claims period, hold all estate assets. Distributing to heirs before the window closes and before you have cleared TennCare exposes you personally to creditor liability.

Respond to creditor claims. If a creditor files a claim, you have 30 days from the expiration of the filing period to file a formal written "exception" if you believe the claim is invalid. Disputes may require a court hearing.

Contact TennCare (if applicable). If the decedent was 55 or older and received Medicaid long-term care benefits (nursing home, in-home care, or CHOICES program services), you must submit the TennCare Request for Release to the Bureau of TennCare Estate Recovery unit. This is a statutory obligation under T.C.A. § 71-5-116(c)(2). Failure to notify TennCare within 12 months of the death extends their filing window to 48 months. Do not close the estate or distribute assets until you have a written response from TennCare.

File any required interim accountings. Within 15 months of your qualification date, file an interim accounting with the probate clerk detailing all receipts, disbursements, and distributions. Annual accountings are required thereafter until the estate closes. This requirement can be waived if all residuary beneficiaries consent in writing.

Closing the Estate

File the decedent's final income tax return. IRS Form 1040 covers income through the date of death. If the estate earns income during administration, IRS Form 1041 (estate income tax return) may be required. Consult a CPA if the estate has complex income sources.

Pay all legitimate creditor claims. Debts are paid in the statutory priority order: secured debts, administrative expenses, funeral expenses, taxes, year's support for the spouse, then general unsecured creditors. Heirs receive what remains.

Obtain the TennCare release. Confirm in writing that TennCare has either found no claim, accepted payment of a claim, or confirmed a waiver. Keep this document.

Secure signed receipts from beneficiaries. When you distribute assets, obtain a signed receipt from each beneficiary acknowledging what they received. If a beneficiary refuses to sign, motion the court for a forced closure proceeding.

File the final accounting or status report. Once all assets are distributed, file a final accounting (or a status report if detailed accounting was waived) with the probate clerk.

Receive discharge from the court. The court approves the final accounting, formally discharges you as executor, and releases your surety bond. The estate is closed.

Where to Get Help

In Davidson and Shelby counties, attorney representation for full probate administration is typically required by local court rules. In other counties, self-represented executors can handle more of the process directly, but the statutory deadlines and TennCare obligations make legal review advisable.

The Tennessee Estate Settlement Guide provides detailed instructions for each step in this checklist — including county-specific court information, a TennCare request walkthrough, the small estate eligibility screener, and printable tracking worksheets for managing the estate's assets, debts, and distribution.

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