Jana Davis Lamanna is experienced in the areas of probate/trust/estate litigation, divorce/family law, probate administration, estate planning, guardianship and conservatorship law, and assisted reproductive technology law.
Yes. In Tennessee, you can appoint an independent person to handle your estate, but the term you will usually see in the law is “personal representative.” If you have a will, your personal representative is typically called an executor. If you do not have a will, the court appoints an administrator.
Your chosen person still must be formally appointed through the probate court before acting, but you can absolutely name a neutral third party and, in many estates, you can also reduce day to day court friction with proper planning.
When people ask for an independent administrator, they usually mean one or both of the following:
Tennessee allows you to nominate the person you want in a will, and it also allows certain requirements (like bond, inventory, and accountings) to be waived in appropriate situations.
If you want a truly independent personal representative, the cleanest approach is to name that person in your will and also name one or two backups.
Examples of “independent” options include a trusted friend, CPA, attorney, professional fiduciary, or a bank or trust company that offers estate administration services.
After death, your nominee files the required probate paperwork and asks the court to issue Letters Testamentary. Those letters are what give legal authority to act for the estate.
Without a will, you typically cannot “pre appoint” your preferred administrator in the same way. Tennessee law follows a priority structure for who has the right to serve, and preference is usually given to the surviving spouse and then next of kin.
If your main goal is to ensure a neutral third party is in charge, having a will is often the most effective solution.
Often, yes, depending on the facts, the county’s local practice, and whether there is agreement among beneficiaries.
Common tools include:
A bond is a form of financial protection for the estate. In many cases, a bond can be waived if the will waives it or if the proper parties consent and the court approves. Even where bond is waived, an interested party can sometimes ask the court to require one if there are concerns about mismanagement.
In many estates, an inventory is required. In some situations, a properly drafted will can waive the inventory requirement or reduce how formal it must be, subject to the rights of beneficiaries.
Accountings may be required over the life of an estate. A will can sometimes waive accountings, and in some cases beneficiaries may also waive them. If there is conflict, allegations of wrongdoing, or a beneficiary demands court oversight, the court can require more formal reporting.
Practical note: “Independent” does not mean unaccountable. A personal representative still owes fiduciary duties and can be held responsible for mistakes or misconduct.
Often yes, but out of state personal representatives can trigger additional requirements. This includes appointing a Tennessee resident to serve as the co-Personal Representative and appointing an agent for service of process in Tennessee. Additionally, in certain cases, dealing with bond requirements that might not apply to a Tennessee resident.
If your preferred person lives outside Tennessee, it is smart to plan for these details in advance so the appointment does not get delayed.
If you want an independent administrator in Tennessee, consider these best practices:
If your estate involves blended families, business interests, real estate in multiple states, or a higher risk of conflict, the best way to protect your intent is to have the nomination and waiver language drafted correctly for Tennessee probate practice.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal advice about your situation, consult a Tennessee licensed attorney.
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