When someone dies with a will in Tennessee, the probate court appoints an executor, also called a personal representative, to handle the estate. The court issues “letters testamentary” that give this person legal authority to act. The executor manages the estate’s property, pays its debts, and ensures that beneficiaries receive what the will promises—all according to Tennessee law.
Managing estate assets
An executor must locate, secure, and record all assets owned by the person who died. These assets can include real estate, vehicles, investments, and personal belongings. Within 60 days of appointment, the executor must file a complete inventory of the estate with the probate court under Tenn. Code Ann. § 30-2-301. The executor also determines the fair value of each item and keeps detailed records. If the estate needs funds to cover debts or expenses, the executor may sell certain assets with court approval.
Paying debts and taxes
The executor must notify known and reasonably ascertainable creditors according to Tenn. Code Ann. § 30-2-306. Creditors then have a set period to submit claims. The executor reviews each claim and pays valid debts in the order of priority established by Tenn. Code Ann. § 30-2-317. The executor also files the deceased person’s final income tax return and any estate tax required by law. Paying these obligations clears the way for distributing property to heirs and beneficiaries.
Distributing property to heirs
After paying debts and taxes, the executor distributes the remaining assets based on the terms of the will. Some assets may require liquidation to divide value fairly among beneficiaries. The executor must follow the will closely and ensure that each person receives the correct share. If a disagreement arises, the executor can ask the probate court to resolve it before moving forward.
The executor must file an accounting with the court within 15 months of appointment under Tenn. Code Ann. § 30-2-601. This accounting lists all estate income, expenses, debts paid, and property distributed. The court reviews and approves the report before allowing the executor to close the estate. Once the court accepts the final accounting, the executor’s duties end.