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FAQ

Frequently asked questions about estate planning, probate and estate administration, conservatorships, and other relative areas of law.

Estate Planning

Why should an individual have a will in Tennessee?

  • It allows you to determine where your assets and money go after your death.
  • It allows you to determine who will be the legal guardian for your children after your death.
  • Gives you the opportunity to reduce the likelihood for disagreements and disputes among family members, friends, and potential beneficiaries/heirs after your death.

What types of wills are available in Tennessee?

There are three different types of wills under Tennessee law.

(1) Attested will with execution completed pursuant to T.C.A. § 32-1-104.

(2) Holographic will pursuant to T.C.A. § 32-1-105 (handwritten will).

(3) Nuncupative will pursuant to T.C.A. § 32-1-106 (oral will completed while in imminent peril of death).

Who is qualified to make a will under Tennessee law?

T.C.A. § 32-1-102 provides that “any person of sound mind eighteen (18) years of age or older may make a will.” Thus, for a person to make a valid will they must be of sound mind and at least 18 years of age.

What is a “living will” under Tennessee law?

Tennessee law allows the execution of a “living will” according to the “Tennessee Right to Natural Death Act” which was passed in 1985.  The “living will” allows you to make the decision to not be kept alive by artificial means if you have a terminal condition and there is no expectation of recovery. 

T.C.A. § 32-11-104 provides specific requirements for the execution of a living will.  An executed living will can be signed by “any competent adult person.”  The declaration must be in writing and signed by the principal and is valid if it is attested by a notary public with no witnesses or witnessed by two witnesses without an attestation of a notary public.  If the witness method is used then at least one of the witnesses must not be related to the individual executing the living will document.

A “living will” is a very important document in Tennessee.  The most famous case dealing with a “living will” is the Terry Schiavo case. Where her surviving husband and her parents fought for approximately seven years over whether life support should be removed because she was in a persistent vegetative state.  Most importantly, a living will allows you to make clear your exact desire should you be found in this unfortunate predicament. And it will also help prevent legal challenges and inter-family fights over your intentions since you can make them clear in a living will.

What is a Tennessee durable power of attorney?

Under Tennessee law a power of attorney document is available to provide an individual with great powers to handle many aspects of the grantor’s life.  Specifically, T.C.A. § 34-6-109 outlines the powers of a power of attorney under Tennessee law. Usually this is used when an individual becomes incompetent and lacks the mental capacity to make decisions for themselves.

A durable power of attorney document is a very important tool available in Tennessee to assist people in designating people who have power to act as their attorney in fact in various situations.  It is an important part of proper estate planning.

The durable power of attorney can also be drafted in such a way that it only takes effect upon the disability or incapacity of the principal. This can be very important because it allows many people to avoid the cost of Tennessee conservatorship proceedings if they ever become incapacitated due to dementia, Alzheimer’s, or some other problem.  If there is no power of attorney document, often a conservatorship proceeding is required to obtain the powers that could have otherwise been provided in a properly executed power of attorney document.

A durable power of attorney document is defined by Tennessee statute in T.C.A. § 34-6-102 as follows:

This document basically gives another individual the power to act just like they were the principal who granted the powers to the attorney-in-fact.  There are specific powers listed under Tennessee law – T.C.A. § 34-6-109 – that are vested in the attorney-in-fact.  These powers are almost always incorporated into a durable power of attorney document executed by a principal.

The durable power of attorney document gives very broad powers to the “attorney in fact”.  You must be very careful in determining who should be provided with these powers on your behalf.  These powers should not be provided to someone that you do not completely trust.

What is a durable power of attorney for healthcare under Tennessee law?

A durable power of attorney for healthcare is a document that provides powers to an “attorney-in-fact” to make healthcare decisions for the person executing the document if they become incapacitated.  There is no requirement for the “attorney-in-fact” to be an attorney; rather he or she can be a spouse, child, or anyone the principal desires.  This document is mainly used to provide powers to a specific individual for the purpose of making healthcare decisions for the principal in case that individual is no longer able to make those decisions.

In Tennessee there are specific requirements for a durable power of attorney for healthcare to be effective.  They are found, in part, in T.C.A. § 34-6-203(a) which provides as follows:

(a) An attorney in fact under a durable power of attorney for health care may not make health care decisions unless all of the following requirements are satisfied:

(1) The durable power of attorney for health care specifically authorizes the attorney in the fact to make health care decisions;

(2) The durable power of attorney for health care contains the date of its execution; and

(3) The durable power of attorney for health care must be in writing and signed by the principal. The durable power of attorney for health care is valid if the principal’s signature is either attested by a notary public with no witnesses or witnessed by two (2) witnesses without attestation by a notary public. A witness is a competent adult, who is not the agent, and at least one (1) of whom is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the durable power of attorney for health care or by operation of law then existing. The durable power of attorney for health care shall contain an attestation clause that attests to the witnesses’ compliance with the requirements of this subdivision (a)(3). It is the intent of the general assembly that this subdivision (a)(3) have retroactive application.

The first requirement is the document must authorize the attorney-in-fact to make healthcare decisions.  The second requirement is the durable power of attorney for healthcare must contain the date it is executed.  The third requirement is the document must be in writing and signed by the principal.  The principal’s signature must either be attested by a notary public with no witnesses, or it must be witnessed by two witnesses without an attestation by a notary public.

Probate

Do I need to hire an attorney to probate an estate?

It is very important to hire a competent attorney to handle the probate of any estate in Tennessee. It can be a very complicated and tedious process that requires detailed knowledge of Tennessee Probate law and court procedures. There are many Tennessee statutes that mandate required deadlines that must be complied with in order to properly probate an estate.

Will I have to pay a Tennessee inheritance on my estate upon my death?

Possibly. The Tennessee state inheritance tax exemptions are as follows:

  • 2014 – $2,000,000.00
  • 2015 – $5,000,000.00
  • 2016 and after – The Tennessee Inheritance Tax is abolished.

Tennessee’s inheritance tax rates are found in T.C.A. 67-8-314.

In Tennessee what county do you file a petition to probate a will for a deceased?

The typical answer to this question is that a petition to probate a will should be filed in the deceased individual’s usual county of residence at the time of death. If the deceased individual had multiple fixed places of residence in multiple counties, then the petition to probate the will can be filed in any of those counties. See T.C.A. § 32-2-101

What are probate assets in Tennessee?

Probate assets are those assets in an estate that require the formal probate administration process. This typically includes those items set forth in a decedent’s will. Hiring a probate attorney to assist in handling the probate process can make this process much easier.

Probate assets typically include the following:

  • Any 401k, IRA, or any other kind of retirement plan that designates the estate of the decedent as a beneficiary.
  • Any life insurance policy of the decedent that lists the estate as a beneficiary.
  • Any asset that is titled in the decedent’s name without any designation of a beneficiary or without joint ownership with another individual.
  • Any asset that is titled in the decedent’s name that has another individual listed on the title as “tenants in common”.
  • Any other assets that are titled only in the decedent’s name.

What does it mean to die “intestate” under Tennessee law?

“Intestate” simply means that someone dies without a will. As a result, their estate passes pursuant to Tennessee statutes governing intestate estates. It is very important for people to not die intestate (without a will) so they can make decisions about how their estate will be handled. The state of Tennessee will determine the following:

  • Who gets your assets?
  • Who becomes the guardian of your children?
  • Who is the Administrator of your estate?
  • Who is the Trustee of your estate if any trust is created for minor children?

If you die intestate, then the State of Tennessee will make all of the decisions about your estate as set forth in T.C.A. 31-2-104.

What does it mean to die “testate” under Tennessee Law?

“Testate” simply means that someone died with a will. Their assets and possessions will pass based upon the language in their properly executed will document.

What assets are not probate assets under Tennessee Law?

Certain assets are not considered probate assets in Tennessee. These assets pass outside of the probate process. Non-probate assets include the following:

  • Any 401k plan, IRA plan or any other type of retirement plan that designates a specific beneficiary.
  • Any asset including bank accounts, real estate, automobiles, or other assets that are titled in the name of the deceased individual and another individual as joint tenants or tenants by the entirety with right of survivorship. These assets pass immediately upon death to the other individual.
  • Any asset of any kind that are titled in the decedent’s name with a “transfer on death” or “pay on death” designation for a specific beneficiary other than the decedent’s estate.
  • Any life insurance policy which has a specific beneficiary designated other than the estate of the deceased individual.

What is the priority for claims and demands against a decedent’s estate under Tennessee law?

T.C.A. § 30-2-317 provides a list showing the priority for any claim or demand against the estate of a deceased individual in Tennessee. Claims and demands against an estate are divided into certain categories and the statue provides the order in which the claims or demands are to be paid.  The statute provides a priority for claims and demands as follows:

(a) All claims or demands against the estate of any deceased person shall be divided into the following classifications, which shall have priority in the order shown:

(1) First: Costs of administration, including, but not limited to, premiums on the fiduciary bonds and reasonable compensation to the personal representative and the personal representative’s counsel;

(2) Second: Reasonable funeral expenses;

(3) Third: Taxes and assessments imposed by the federal or any state government or subdivision of the federal or any state government, including claims by the Bureau of TennCare pursuant to § 71-5-116; and

(4) Fourth: All other demands that may be filed as aforementioned within four (4) months after the date of notice to creditors.

Category number four is a catch-all category for any claims that are filed with the probate court for the debts of the deceased individual within four months of the notice provided to the creditors.

It is very important for the personal representative to be aware of the rules pertaining to the priority of payment for any claim or demand against the estate.  This is where a probate attorney can be very helpful to guide and advise the personal representative in this process.

Is notice to creditors and/or debtors of a probate estate required?

Tennessee law requires the provision of notice to debtors and creditors after an individual dies and a probate estate is opened.  T.C.A. § 30-2-306 requires the personal representative to provide notice to all creditors with “whom the personal representative has actual knowledge or who are reasonably ascertainable by the personal representative, at the creditor’s last known address.”  The complete requirements are listed in T.C.A. § 30-2-306(d) which provides as follows:

(d) In addition, it shall be the duty of the personal representative to mail or deliver by other means a copy of the published or posted notice as described in subsection (b) to all creditors of the decedent of whom the personal representative has actual knowledge or who are reasonably ascertainable by the personal representative, at the creditors’ last known addresses. This notice shall not be required where a creditor has already filed a claim against the estate, has been paid or has issued a release of all claims against the estate.

Additionally, the clerk of the court where the estate is administered is required to provide public notice to creditors and debtors within 30 days after the issuance of letters testamentary or administration.  This notice is to be provided in a newspaper or public place pursuant to T.C.A. § 30-2-306(a).

This statute makes it clear that it is the duty of the personal representative to identify known creditors and to investigate potential creditors of the estate.  This does not require a search to the ends of the earth but does require a reasonable search to locate creditors and debtors of the deceased.  As a result, it is important for the personal representative to review financial records of the deceased and to look at mail that comes to the deceased after death in order to attempt to ascertain all creditors or debtors of the deceased to satisfy the notice requirements.

This is an important duty of the personal representative, and the personal representative can be found personally responsible for certain debts if they do not put creditors on notice if the personal representative had actual knowledge of their existence. See Burke v. Langdon, 190 S.W.3d 660 (Tenn. Ct. App. 2005).

T.C.A. § 30-2-306 further provides that all claims of creditors are forever barred unless they file a claim within four months of the date of first publication of the notice (as long as the creditor received an actual copy of the notice at least 60 days prior to the end of the four-month period).  In the alternative, if the creditor received notice within 60 days of the four-month cutoff (following the date of first publication), then the creditor has 60 days from the date the creditor actually received a copy of the notice.  In any event, the absolute cutoff under T.C.A. § 30-2-306 is a creditor’s claim will be forever barred if not filed within twelve months after the decedent’s date of death.

How is an insolvent estate handled under Tennessee Probate law?

In rare circumstances probate estates are insolvent which means the claims against the estate are greater than the assets in the estate.  In this situation T.C.A. § 30-5-102 requires the personal representative to file a notice of insolvency with the clerk.  A copy of that notice must be sent to all the creditors who have filed a claim.

Under T.C.A. § 30-5-103 the personal representative is then responsible to provide a proposed plan of distribution in accordance with T.C.A. §30-2-317.  T.C.A. §30-2-317 is the statute that governs the payment priority of all claims made against an estate.  T.C.A. § 30-5-103 provides as follows:

(a) The notice of insolvency shall contain an accounting of assets that have come into the hands of the personal representative and a proposed plan of distribution in accordance with § 30-2-317.

(b) The notice shall bear, in a conspicuous manner, the following language: “Objections to this proposed plan of distribution must be filed with the clerk within thirty (30) days from the date of receipt of this notice.”

(c) If no objections are filed within the thirty-day waiting period, the personal representative may execute the proposed plan of distribution and close the estate, relieving the personal representative of any further liability to the estate.

If there are any objections to the proposed plan of distribution than a hearing can be held pursuant to T.C.A. § 30-5-104 to determine if the proposed plan is appropriate.  After all of the objections to the plan of distribution are resolved, then distributions can be made, and the estate can be closed under T.C.A. § 30-5-105.

Once a will is probated in Solemn Form can it be later challenged under a will contest?

The Tennessee Court of Appeals has held that when a will is submitted in solemn form under T.C.A. § 30-1-117(b) “a will contest must be initiated, if at all, prior to the entry of the final order admitting the will to probate in solemn form, not prior to the final order closing the estate.”

Submitting a will in “solemn form” can be beneficial in certain circumstances although it is not necessarily justified in every case. It can be beneficial if there is concern that one of the beneficiaries may want to contest the will at some point.  This can be a good strategy to force them to act rather quickly on the front end or forever lose the opportunity to contest the will.

On the other side of things, if a party desires to contest a will and the will is submitted to the court to be probated in “solemn form”, then that party needs to consult an attorney immediately to determine what steps need to be taken to contest the will.  Once the will is entered in “solemn form” it is too late to contest the will under Tennessee law.

When does real property become the property of the beneficiary under Tennessee Probate law?

Under T.C.A. § 31-2-103, real property of individual who dies without a will (intestate) vests immediately in the heirs upon death.  Additionally, the real property of an individual who dies with a will (testate) vests immediately in the beneficiaries named in the will unless the will gives directions to administer the real property through the estate.

T.C.A.§ 32-1-103 does not mean that real property cannot be used to pay any debts or obligations of the decedent. This statute specifically provides that if the decedent’s personal property is insufficient to discharge all of the decedent’s obligations, then the real property can be sold to satisfy those obligations.

It is important to have a Tennessee probate attorney help assist you when dealing with real estate property in the context of an estate.

Under Tennessee law when are gifts to a child of the deceased considered an “advancement?”

In certain instances, gifts to children during a decedent’s life are considered an advance share of the beneficiary’s portion of the estate. If the gift is considered an advance, then the amount a child receives is reduced by the “advanced” amount.  Under Tennessee law, T.C.A. § 31-5-101 provides that property given during the decedent’s lifetime to a child should be treated as an “advance” if one or two circumstances are present:

(a) If an individual dies intestate as to all or a portion of the individual’s estate, property the decedent gave during the decedent’s lifetime to a child of the decedent is treated as an advancement against the child’s intestate share only if:

(1) The decedent declared in a contemporaneous writing, or the child acknowledged in writing, that the gift is an advancement; or

(2) The decedent’s contemporaneous writing or the child’s written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent’s intestate estate.

Under Tennessee probate law what happens when an heir or beneficiary cannot be located for a final distribution of the estate?

T.C.A. § 30-2-702 sets forth what happens when the personal representative of an estate for a deceased person is ready to make a final report and distribution settlement and an heir cannot be located.  If an individual who is an heir or who is entitled to a distribution from the estate cannot be located, then such share must be paid to the state treasurer as discussed in T.C.A. § 30-2-702.

What probate court handles the estate of an individual who dies without a will?

When an individual dies without a will (“intestate”) then the probate court of the county where the intestate individual had usual residence at the time of death is the appropriate jurisdiction for the probate of the estate.  Specifically, T.C.A. § 30-1-102 provides as follows:

Letters of administration shall be granted by the probate court of the county where the intestate had usual residence at the time of the intestate’s death, or, in case the intestate had fixed places of residence in more than one county, the probate court of either county may grant letters of administration upon the intestate’s estate.

Is jointly held property considered part of the decedent’s estate under Tennessee probate law?

It depends. Under Tennessee law, jointly held property is typically considered part of the deceased individual’s taxable estate.  T.C.A. § 67-8-305 discusses property transfers that occur upon someone’s death by right of survivorship (often under tenants by the entirety or tenancy by the entirety) or any payable on death accounts including joint accounts held in multiple people’s names.  Under T.C.A. § 67-8-305, if such transfers occur between husband and wife at the death of the decedent then only one half of the value of the account or property is considered as part of the decedent’s estate.

However, if the accounts or property are owned jointly by individuals who are not husband and wife then the “entire value of any such property shall be deemed to have been transferred from the decedent to the survivor” and therefore is subject to the Tennessee inheritance tax – unless the survivor can show he deposited money in the bank account or paid for part of the property that was jointly held, then that amount will reduce the taxable estate of the decedent.

Elective shares for surviving spouses under Tennessee probate law?

A surviving spouse of an intestate decedent or a surviving spouse who elects against a will has a right of election under T.C.A. § 31-4-101.  Specifically, this statute provides that depending on the length of the marriage, the surviving spouse can elect to receive a certain percentage of the net estate instead of receiving what is provided for in the will or in an intestate situation.  T.C.A. § 31-4-101(a) provides as follows:

(a)(1) The surviving spouse of an intestate decedent who elects against taking an intestate share, or a surviving spouse who elects against a decedent’s will, has a right of election, unless limited by subsection (c), to take an elective-share amount equal to the value of the decedent’s net estate as defined in subsection (b), determined by the length of time the surviving spouse and the decedent were married to each other, in accordance with the following schedule:

If the decedent and the surviving spouse were married: The elective share % is:

  • Less than 3 years – 10% of the net estate
  • 3 years but less than 6 years – 20% of the net estate
  • 6 years but less than 9 years – 30% of the net estate
  • 9 years or more – 40% of the net estate

It is very important to have Tennessee Probate attorney review the calculations necessary to determine what a surviving spouse may receive if they elect to receive an elective share under the statute.  There are many considerations that need to be made in order to evaluate the best manner in which the surviving spouse should proceed to determine whether to demand an elective share.

What does the “Years support” consist of under Tennessee law?

The surviving spouse of an intestate individual who dies is entitled to a “support allowance” totaling one year of support after the death of the spouse.  This option is also available to a surviving spouse who elects against the deceased’s will.  T.C.A. § 30-2-102(a) provides as follows:

(a) In addition to the right to homestead, an elective share under title 31, chapter 4, and exempt property, the surviving spouse of an intestate, or a surviving spouse who elects to take against a decedent’s will, is entitled to a reasonable allowance in money out of the estate for such surviving spouse’s maintenance during the period of one (1) year after the death of the spouse, according to the surviving spouse’s previous standard of living, taking into account the condition of the estate of the deceased spouse. The court may consider the totality of the circumstances in fixing the allowance authorized by this section, including assets that may have passed to the spouse outside probate.

The court will consider all of the circumstances surrounding the estate as well as any money the spouse received outside of the probate estate to determine the amount of the “year’s support” in Tennessee.  The court also takes into consideration the spouse’s standard of living to determine the appropriate amount of the support allowance.

It is important to note that this statute also provides that if the individual who died does not have a surviving spouse but instead is survived by minor unmarried children, then the support allowance (“year’s support”) can be provided to the unmarried minor children in Tennessee.  This is provided for in T.C.A. § 30-2-102(b) which states as follows:

(b) The allowance so ordered shall be made payable to the surviving spouse, unless the court finds that it would be just and equitable to make a division of it between the unmarried minor children. If there is no surviving spouse, the allowance shall be made to the unmarried minor children.

What is considered exempt property for a surviving spouse or unmarried minor children under Tennessee law?

T.C.A. § 30-2-101 provides that a surviving spouse of a person who died without a or a surviving spouse who elects against their spouse’s is entitled to receive certain exempt property from the estate.  Specifically, the surviving spouse can receive exempt property having a fair market value that does not exceed $50,000.00 as set forth in T.C.A. § 30-2-101:

(a) The surviving spouse of an intestate decedent, or a spouse who elects against a decedent’s will, is entitled to receive from the decedent’s estate the following exempt property having a fair-market value (in excess of any indebtedness and other amounts secured by any security interests in the property) that does not exceed fifty thousand dollars ($50,000):

(1) Tangible personal property normally located in, or used in or about, the principal residence of the decedent and not used primarily in a trade or business or for investment purposes, and

(2) A motor vehicle or vehicles not used primarily in a trade or business. If there is no surviving spouse, the decedent’s unmarried minor children are entitled as tenants in common only to exempt property as described in subdivision (a)(1). Rights to this exempt property are in addition to any benefit or share passing to the surviving spouse or unmarried minor children by intestate succession, elective share, homestead, or year’s support allowance.

This exempt property is in addition to other benefits (including the elective share, homestead, or year’s support allowance) the surviving spouse or minor child would receive as specifically stated in subsection (a)(2).  If there is no surviving spouse, then unmarried minor children are entitled to own the exempt property as tenants in common with each other.  Keep in mind that exempt property does not include things that are used mainly in a business or for investment purposes.

The provision for exempt property is very important to consider when dealing with an elective share situation or where a spouse dies without a will (intestate).  This can be a significant benefit in the favor of the surviving spouse or certain minor children.  Consult with an experienced Tennessee probate attorney to make any decisions about how to handle an elective share situation as well as decisions about exempt property.

When is the Tennessee inheritance tax of an estate due to the department of revenue?

The inheritance tax is due to the Tennessee Department of Revenue nine months after the death of an individual who owes the tax.  This is set forth in T.C.A. § 67-8-419(a).

When is a person considered deceased for estate purposes under Tennessee law?

T.C.A. § 30-3-102 provides that an individual who has been absent from their place of residence and unheard of for a period of seven years, when the absence is not explained, is considered to be deceased for Tennessee law purposes. The state also provides that this presumption can be rebutted by specific proof with a hearing.

Can a witness to a will benefit under that will?

Yes.

An individual who benefits under a will can serve as an attesting witness to the execution of a will, however, there is a great risk they will forfeit some or all of the benefits they would recover under the will.  T.C.A. § 32-1-103(a) directs that “any person competent to be a witness generally in this state may act as attesting witness to a will.”  However, T.C.A. § 32-1-103(b) states there is a great risk for an individual who will inherit under a will to serve as a witness to the signing of a will by the testator because he will only obtain the amount available had the decedent died intestate.

As a result, it is always best practice for any individual who would or could inherit under a will to not serve as a witness to the execution of the will by the testator.

Under Tennessee law are “half-bloods” equal to “whole bloods?”

T.C.A. § 31-2-107 provides as follows:

Relatives of the half-blood inherit the same share they would inherit if they were of the whole blood.

Under what circumstances can a parent inherit from a deceased child’s estate under Tennessee law?

Under Tennessee law a parent can inherit from the deceased child’s estate. However, if a parent owes child support, that parent cannot inherit from their child in a situation where the child does not have a will.  T.C.A. § 31-2-105(b) provides specific requirements for any parent to inherit from a child when that parent owes child support.  This statute provides:

(b) In no event shall a parent be permitted to inherit through intestate succession until all child support arrearages together with interest thereon at the legal rate of interest computed from the date each payment was due have been paid in full to the parent ordered to receive support or to the parent’s estate if deceased.

Thus, a parent must pay all back child support as well as interest from the date each payment was actually due to be made.  If the parent to whom child support is owed is deceased, then the surviving parent must make payments owed to the deceased parent’s estate before the parent can inherit from the child.

What are the strict requirements of a will under Tennessee law?

The statutory requirements under Tennessee law for the signing of a will are found in T.C.A. § 32-1-104 and provide as follows:

The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows:

(1) The testator shall signify to the attesting witnesses that the instrument is the testator’s will and either:

(A) The testator sign;

(B) Acknowledge the testator’s signature already made; or

(C) At the testator’s direction and in the testator’s presence have someone else sign the testator’s name; and

(D) In any of the above cases the act must be done in the presence of two (2) or more attesting witnesses.

(2) The attesting witnesses must sign:

(A) In the presence of the testator; and

(B) In the presence of each other.

It is incredibly important to have a will properly executed under Tennessee law with a competent experienced estate planning attorney.  Even if the intentions of the decedent may be clear that he intends to effectuate a will, he must comply with the statutory requirements set forth in T.C.A. 32-1-104.  Failure to comply with the technical requirements will result in a void will.

Conservatorships

What is the priority for who should be considered to be appointed as a conservator for a “disabled person”?

T.C.A. § 34-3-103 provides a list of those individuals that the court should consider for appointment as the conservator for the “disabled person.” This statute provides the following list of priority:

(1) The person or persons designated in a writing signed by the alleged disabled person;

(2) The spouse of the disabled person;

(3) Any child of the disabled person;

(4) Closest relative or relatives of the disabled person; and

(5) Other person or persons.

Who can file a petition for the appointment of a conservator in Tennessee?

T.C.A. § 34-3-102 provides that anyone who has knowledge of the circumstances necessitating the appointment of a conservator can petition the court for one. Therefore, the only requirement is the petitioner must have knowledge of the circumstances.