What Do I Do When Someone Dies in Tennessee?

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person named in written disposition directions or pre-need funeral contract; then Attorney in fact designated in a durable power of attorney for health care acting pursuant to T.C.A. § 34-6-204; then Surviving spouse; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $50,000.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. File with the Chancery Court (probate jurisdiction), or — in counties given a special probate court by private act — a dedicated Probate Court (Shelby County) or a Circuit Court probate division (Davidson County: Seventh Circuit Court – Probate Division) or a General Sessions Court with probate jurisdiction. Counties may require additional local forms. Filing fee $275. Typical duration: 6-18 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the Clerk & Master (where chancery exercises probate jurisdiction) or the probate/general-sessions court clerk, after the judge or clerk admits the will / grants the petition; all Letters are recorded by the clerk. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically filed with the petition: Verified petition for letters with the contents required by Tenn. Code Ann. § 30-1-117 (petitioner, decedent, heirs/devisees, value estimate unless bond waived); Original will and any codicils, attached to the petition as an exhibit and lodged for probate (if testate); Proof of will (self-proving affidavit, or affidavit/testimony of an attesting witness) where the will is not self-proving; Oath of the personal representative for faithful performance (before the judge, clerk, or notary) (Tenn. Code Ann. § 30-1-111); Order admitting the will to probate / granting letters; For solemn-form probate: summons/notice served on all beneficiaries and heirs at law; Bond, unless the clerk is excused from requiring one under Tenn. Code Ann. § 30-1-201(a)(1) (will excuses bond; personal representative is the sole beneficiary and the court approves; all beneficiaries are adults, not under disability, and consent by sworn statement with the court approving; or the personal representative is a bank excused by § 45-2-1005).