§ 30-1-117 — Petition and documents required to be filed with application for letters

(a) To apply for letters of administration or letters testamentary to administer the estate of a decedent, a verified petition containing the following information and documents shall be filed with the court: (1) The identity of the petitioner; (2) The decedent's name, age, if known, date and place of death, and residence at time of death; (3) In case of intestacy, the name, age, if known, mailing address and relationship of each heir at law of the decedent; (4) A statement that the decedent died intestate or the date of execution, if known, and the names of all attesting witnesses of the document or documents offered for probate; (5) The document or documents offered for probate, or a copy thereof, as an exhibit to the petition; (6) The names and relationships of the devisees and legatees and the city of residence of each if known, similar information for those who otherwise would be entitled to the decedent's property under the statutes of intestate succession, and the identification of any minor or other person under disability; (7) An estimate of the fair market value of the estate to be administered, unless bond is waived by the document offered for probate or is waived as authorized by statute; (8) If there is a document, whether the document offered for probate waives the filing of any inventory and accounting or whether such is not otherwise required by law; (9) If there is a document, a statement that the petitioner is not aware of any instrument revoking the document being offered for probate, if that is the case, and that the petitioner believes that the document being offered for probate is the decedent's last will; (10) The name, age, mailing address, relationship of the proposed personal representative to the decedent, a statement of any felony or misdemeanor convictions, and a statement of any sentence of imprisonment in a penitentiary; and (11) A statement identifying if the decedent was the owner of or had a controlling interest in any ongoing business or economic enterprise that is or may be part of the estate to be administered, and, if so, the names and addresses of all such ongoing business or economic enterprises. (b) No notice of the probate proceeding shall be required except for probate in solemn form, which shall require due notice in the manner provided by law to all persons interested.

Legislative History

Amended by 2022 Tenn. Acts, ch. 912, s 1, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 332, s 1, eff. 5/10/2019. Acts 1997 , ch. 426, § 1.