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WILLS AND ESTATES: By: Donald J. Farinato People often ask which documents are required to commence and conclude an estate administration in Knox County. In essence, they are requesting a checklist of the documents to be submitted to the Court. Set forth on this web page is a link to a checklist and also a basic explanation of the documents chronicled in that checklist. Checklist of Documents Required in an Estate Administration in Knox County It is important to note that the checklist contains documents that are to be utilized in an "average" administration in Knox County. We use the term "average" because the documents listed in the checklist are those documents which are almost always required by the Court in Knox County during an estate administration. It is important to note that other documents, which can potentially be voluminous and quite intricate, may be required by the Court depending on the context and specific factors involved in an estate administration. The documents contained in the checklist are derived from the applicable provisions of Tennessee Code Annotated and the local rules of the Probate Division of the Knox County Chancery Court. It is also important to note that estate administration procedures vary from County to County, and what is required in Knox County is not necessarily required in a different County. Therefore, this web page is best utilized as a starting point for an overview of the administration process and care should be given to acknowledge that various factors influence any given administration. The Probate process
in Knox County is commenced by the application for Letters, as is required
by Tennessee Code Annotated. Letters Testamentary are issued when a valid
will nominates a personal representative. Letters of Administration are
issued by the Court when a decedent dies without a will or when a will
is not accepted for probate by the Court. The Letters are the document
which grants a personal representative the right to act on behalf of the
estate and to effectuate the administration of the decedent's estate. The issue of bond is most appropriately addressed in the Order allowing the estate to be opened. As a general rule, a bond will be required. However, bond may be waived through the decedent's will or through certain statutory exceptions. Depending on the particular facts of each administration, additional documents may need to be filed with the Court to achieve the waiver of bond. After Letters have been issued, a personal representative is required to give notice in various forms. Chief among them are notice to known creditors of the decedent and notice to beneficiaries of the estate. Tennessee Code Annotated contains separate provisions to address the intricacies attendant to the required notification and it is important to follow the requirements of the statutes. In order to attest to the fact that notice has been given, the personal representative must file with the Court an Affidavit of Notice to Creditors and an Affidavit of Notice to Beneficiaries. In addition to filing the Affidavit of Notice to Beneficiaries, a personal representative must ensure that Receipts are obtained from beneficiaries of the Estate. A Receipt is a document signed by a beneficiary which documents that they have taken possession of any estate assets due them. While the concept of a Receipt is straight forward, there are numerous factors surrounding Receipts that can arise which complicate matters. For example, certain beneficiaries are required to submit Releases, while others are not. Additionally, the age of the beneficiary, and whether or not bequests are made in accordance with the Tennessee Uniform Transfers to Minors Act, can effect the filing requirements of Receipts. Depending on the circumstances, a Receipt is not always sufficient to release a claim and a petition and a hearing can be required by the Court. The Court will require some type of tax acknowledgment by the Tennessee Department of Revenue during the administration process. Under Tennessee Code Annotated §67-8-409, a Tax Waiver can be issued by the Department of Revenue if the estate has an aggregate value of less than $100,000.00. Otherwise, either a Tax Receipt or Non-Taxable Certificate must be obtained from the Department of Revenue and filed with the Court prior to the estate being closed. Both Tax Receipts and Non-Taxable Certificates require the filing of an inheritance tax return with the Department of Revenue. The Court tracks the administration process through an Inventory, Accountings and a Final Settlement. In short, the Inventory lists estate assets that come into the hands of the personal representative; the accountings are a financial register of sorts which chronicle receipts and disbursements; and the Final Settlement addresses the ultimate disposition of estate assets, which must be in accordance with the will of the decedent or the laws of intestacy, whichever is appropriate. While the Inventory, Accountings and Final Settlement are usually required, it is important to note that they can be waived through various methods. Assuming that all of the requisite documents have been submitted and accepted by the Court, an Order to Close the Estate, which documents the actions taken during the administration, must be submitted and entered upon the Court's records. The Order to Close the Estate generally acknowledges, among other things, that the estate has been fully administered, that the personal representative is discharged, and that the Court will close its file on the matter. As stated above, the documents set forth in the checklist and discussed on this web page are for the "average" administration and offer the most basic of glimpses into the estate administration process in Knox County. A rather broad range of documents could be required by the Court depending on the dynamics of a particular administration. However, the checklist should provide a reference as to the underlying aspects of the administration process.
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