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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55325
Experience:  29 years of experience practicing law, including tax and estate planning.
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In Tennessee: when does a will need to be probated?

Customer Question

In Tennessee: when does a will need to be probated?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Good afternoon. My name is ***** ***** I look forward to helping you. Under Tennessee law ( "Time Limitations on Probate Although there is no time limitation on the probate of wills generally, letters testamentary (or of administration) should not be granted after ten years of the date of the decedent’s death, as these would be considered by the law to be void and of no effect. However, there are three exceptions to this rule: 1. Where a person dies, entitled to a vested or contingent remainder, not reduced to possession in his/her lifetime, for ten years after the termination of the life or other particular/estate on which the remainder depends, letters shall be given to administer upon the estate in said remainder. 2. If a person entitled to distribution was an infant when the deceased died, then, letters may be granted at any time within twenty-two years from the date of death. 3. Also a special administration may be granted for the purpose of prosecuting any claim against the government of the United States without any limitation on time. (T.C.A. 30-1-110) A nuncupative (oral) will must be submitted for probate within six months after the death of the testator in order to be valid. (T.C.A. 39-1-106)" Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!
Expert:  Richard replied 1 year ago.
Having said that, the estate and its assets are not the executor's personal piggy bank. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...typically within 30 days of death....and to timely administer the estate and then to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate, a beneficiary can file a petition with the probate court to have the executor removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, the beneficiary can also ask the court to award actual and punitive damages against the executor.

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