Consenting to Becoming an Estate Executor in Tennessee: A Guide

Dealing with the aftermath of a loved one’s passing is often overwhelming, especially when you are left to organize their affairs on your own.

If you were close with your loved one before they passed, they may have entrusted you to execute their estate. This nomination is a tremendous honor, since it means that your loved one trusted you to carry out their wishes once they were no longer living, but it’s also a tremendous responsibility.

You are not required to be an estate executor if you do not feel capable of getting the job done right. Read on to learn more about being an estate executor in Tennessee, and find out how to reject the role if it is not right for you.

How an Estate Executor is Nominated in Tennessee

When someone passes, their affairs need to be sorted and their belongings need to be distributed to the beneficiaries the deceased named in their will. Oftentimes, an estate will have to go through probate, which is the legal process of validating the will and the inheritance instructions outlined in the will. One of the first steps in the probate process is determining who will serve as the estate executor. There are a few ways this decision is made.

If the deceased person has left a will, they have likely named an estate executor within the document. As long as the will is legally valid, the chosen individual is nominated for the executor role. In the best case scenario, the deceased will have discussed this nomination with the chosen executor beforehand and ensured that they are prepared for the role.

In some cases, the deceased person may have died without leaving behind a valid will. This is known as dying intestate. The court will appoint a personal representative to administer the estate when this occurs.

The person nominated to execute an intestacy estate may vary. Tennessee law has established a priority list of who can serve as a personal representative. Assuming all parties are able to serve, the order of preference is as follows:

1. The spouse.
2. Next of kin.
3. If no next of kin can be found, a creditor of the estate who can provide proof of a legitimate debt can serve as personal representative.

If there is more than one next of kin, they may petition to become appointed as executor. In the event of multiple petitions, the court will decide who shall serve.

To officially nominate an estate executor, the Tennessee court will issue a letter to the chosen person that serves as evidence of their authority to handle the affairs of the deceased person's estate. This letter is known as a letter of testamentary. From here, the person is legally permitted to carry out their duties as executor, including settling debts and distributing assets to beneficiaries. Oftentimes, banks and insurance companies will not provide personal information or access unless an executor can present this letter.

Can You Reject the Role of an Estate Executor?

The role of an estate executor is a big undertaking, especially if you are struggling to overcome your feelings of grief. Additionally, if you're unfamiliar with the probate process, it is easy to make a costly mistake, whether it is missing administration deadlines, not filing taxes properly, or inadvertently favoring one beneficiary over another, thereby causing a potential lawsuit.

For these reasons, it is understandable that you may not want to serve as an estate executor for your loved one. Luckily, Tennessee law makes it possible to reject the role, whether you were named in a will or chosen by the state.

According to Title 30 in the Tennessee Code, any named executor can decline to serve as a personal representative by filing a sworn statement to the court—no other justification is needed to reject the role. To officially decline the position, there are a few steps you need to take.

First, you need to file a petition with the probate court, which will state your decision to reject the role of executor. From here, you need to notify any other parties involved in the estate of your resignation, including beneficiaries. Once this is done, the court will assume the role of appointing a new executor.

Lighten Your Burden With Help From ClearEstate

It is natural to feel conflicted about accepting the role of an estate executor. While you may start feeling overwhelmed by the work that is required, carrying out this final task for your loved one is often an empowering experience.

Fortunately, you do not have to go through it alone. At ClearEstate, you will find a team of estate professionals who are dedicated to helping grieving family members navigate the probate process. From settling an estate to providing expert guidance, ClearEstate is the partner you need to get through this difficult time.

Schedule a free consultation with one of our estate professionals to find out how we can help.