Executor Duties in Tennessee: A Complete Guide

Tennessee calls the executor the "personal representative." With the inheritance tax fully repealed and no state estate tax, the role is simpler in Tennessee than in many neighboring states — but the bond requirement, the choice between Probate Court and Chancery Court, and the creditor publication timing still merit close attention. This guide walks through every duty.

How to Get Appointed Personal Representative in Tennessee

1. File the petition: File a Petition to Probate Will (or Petition for Letters of Administration if there is no will) in the Probate Court (Davidson or Shelby County) or Chancery Court (most other counties) where the deceased was domiciled. Bring the original will and a certified death certificate.
2. Attend the hearing: Typically scheduled 2–4 weeks after filing. Many Tennessee courts handle these as routine matters.
3. Receive Letters Testamentary: If appointed, the court issues Letters Testamentary. You'll typically need to post a bond unless the will waives it.

Tennessee Personal Representative Compensation

Tennessee does not set a single statutory commission. Personal representatives are entitled to "reasonable compensation," which courts evaluate based on estate size (typically 1–5% of value), complexity (real estate, business, disputes), time and skill required, and quality of work. Many family personal representatives waive compensation. If you take it, the fee is taxable income.

Does Tennessee Require a Bond?

Tennessee generally requires a bond for personal representatives. The bond is waived if (a) the will explicitly waives it, or (b) the court determines a bond is unnecessary. Most modern Tennessee wills include a bond waiver. Without a waiver, bond premiums typically run $5–$10 per $1,000 of coverage per year.

Core Duties as Personal Representative in Tennessee

1. File the Petition to Probate Will and obtain Letters Testamentary
2. Notify heirs and beneficiaries of the appointment
3. Open an estate bank account using the estate's EIN
4. Inventory all estate assets and obtain valuations
5. File the Inventory with the court (typically within 60 days of appointment, though some counties waive this when all interested parties agree)
6. Publish the Notice to Creditors as soon as possible to start the 4-month creditor clock
7. Send direct notice to known creditors
8. Pay valid creditor claims, final income taxes, and any taxes owed
9. Manage estate assets prudently throughout administration
10. Distribute remaining assets per the will (or intestacy law)
11. File a Final Settlement (final accounting) with the court

Out-of-State Personal Representatives

Tennessee allows non-resident personal representatives. The court typically requires designation of a Tennessee resident as agent for service of process — a minor formality often handled by the estate's attorney or a corporate fiduciary. This is not a significant barrier for non-resident family members.

How to Close the Estate in Tennessee

You close the estate by filing a Final Settlement showing all receipts, disbursements, and distributions. In some counties, if all interested parties sign waivers and consents to the proposed distribution, the court will allow a streamlined closing. The court enters an order discharging the personal representative.

Personal Liability Protection

Tennessee personal representatives who follow proper procedures — particularly publishing the Notice to Creditors and giving direct notice to known creditors — receive substantial liability protection after the estate closes. The biggest exposure is distributing assets before the 4-month creditor period ends.