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GENERAL INFORMATION FOR
EXECUTORS AND ADMINISTRATORS

It is of the utmost importance that you realize your duties as personal representative of an estate are of the very highest importance. It has been said that such a person has a sacred responsibility to carry out his duties properly. You also need to know that if you fail to act properly, you may have a money judgment rendered against you or even assessed a fine or jail time. You may also be removed and another person appointed in your place.

You need to be aware of the following time periods:

• Immediate – newspaper notice is given to creditors
• 60 days from your appointment – written notice to all creditors
• 60 days from your appointment – a copy of the will or, if no will, a copy of your Letters must be sent to beneficiaries or heirs. An affidavit should be filed with the Court verifying that you have done so.
• 60 days from your appointment – file an inventory of assets (unless excused by all the interested parties).
• Within 60 days of the opening of an estate for a decedent who was 55 years or older, the personal representative is required to file with the bureau of TennCare a notice of the decedent’s death. This notice is to be in a format to be specified by the bureau.
• Within 60 days of your appointment, you must file with the clerk an affidavit confirming that the Bureau of TennCare has been notified of the decedent’s death.
• 9 months from death – a State of Tennessee inheritance tax return is due (unless the gross estate is clearly worth less than $100,000 and the Court waives it).
• 15 months from your appointment – a detailed accounting is to be filed with the Clerk of Court along with cancelled checks and full documentation (unless the Court, by written order extends time). Extensions are ordinarily approved only if all the interested parties agree in writing and none of them is a minor or mentally incompetent.

Most estates can be closed within about one year. Of course this may vary with the complexities of a particular case, but you are expected to diligently handle your duties so that the Court can close the file at the earliest possible time.

Your attorney should be closely involved in the administration and should answer your questions, explain your duties, and assist you. However, if you don’t act properly, you will be held responsible. If you become dissatisfied with your attorney you may obtain a new attorney.

The following general suggestions may help you avoid some common pitfalls:

• Keep everyone fully informed on a regular basis. The heirs and beneficiaries, and the creditors are entitled to know what is going on. See that copies of important documents and pleadings are sent to all interested parties.
• Any agreement among the parties should be written and signed.
• Notify the Office of the Clerk with any change of addresses.
• Consult regularly with your attorney.
• See that assets such as vehicles, which will decrease in value, are sold promptly or are turned over to the proper beneficiary.
• PLEASE NOTE: Normally, real estate is not part of the Probate Estate. Before paying any expenses associated with the decedent’s real estate, consult your attorney.
• Personnel in the Clerk’s office may be helpful to you, but they cannot give legal advice.

SERVING AS THE PERSONAL REPRESENTATIVE OF AN ESTATE CAN BE A VERY SATISFYING EXPERIENCE. YOU ARE TO BE COMMENDED FOR YOUR WILLINGNESS TO ACT IN THIS CAPACITY.

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