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To administer an intestate estate, you must file a petition with the probate court. When more than one person applies to be administrator, the court decides between those individuals. The laws of intestacy also apply if a will turns out to be invalid and the decedent had no prior valid will.

For information about the rules of intestacy, see Who can inherit if there is no will the rules of intestacy. The person dealing with the estate of the person who has died is called an executor or an administrator. An executor is someone who is named in the will as responsible for dealing with the estate.

If there's no will or if the executor doesn't act, someone else, such as a family member, or the Office of the Public Guardian and Trustee (OPGT) may go to court for authorization to settle the estate.

To be appointed executor or personal representative, file a petition at the probate court in the county where your loved one was living before they died. In the absence of a will, heirs must petition the court to be appointed administrator of the estate.

Determine Your Priority for Appointment. Receive Written Waivers From Other Candidates. Contact Court in the County Where Deceased Resided. File the Petition for Administration. Attend the Probate Hearing. Secure a Probate Bond.

Appointment of Executor or Administrator In the absence of a will, the court appoints an administrator for the estate, typically the next of kin. Completion of the executor or administrator appointment takes about six to eight weeks once the executor files the petition or the court makes a selection.

If a person dies intestate without any children, the spouse recovers the entire estate. If the person left a spouse and children, the surviving spouse will receive either one-third of the entire estate or a child's share of the estate, whichever is greater.

Normally, one or more of the executors named in the will applies for the grant of probate. Otherwise (if the person died without a will or the will did not appoint executors) a beneficiary or relative can be the administrator and can apply for letters of administration.

If no spouse or next of kin, a public administrator may be appointed. In practice, most probate courts allow a petition for appointment of a person not listed here if the surviving spouse or at least one of the next of kin brings the petition or assents.

Tennessee Order For Intestate Administration

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How do you administer an estate without a will?

Who is the administrator of an intestate estate?

What happens if no one administers an estate?

How do you appoint an administrator of an estate?

How do I become administrator of an estate without a will?

How long does it take to be appointed administrator of an estate?

Who inherits if no will in Tennessee?

Who can act as administrator of an estate?

Who can be the administrator of an estate?

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