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What type of notice is required to be provided to beneficiaries under a testate (will) or intestate (no will) situation in Tennessee?

Posted on Mar 29 2013 3:44PM by Attorney, Jason A. Lee

Tennessee law requires that the personal representative for an estate must provide notice to beneficiaries under a will or to those entitled to receive distribution in an intestate situation (where there is no will) within sixty days after being appointed as the personal representative.  T.C.A. § 30-2-301(b)(1) provides as follows:

 

(b)(1) Except as provided in subdivision (b)(4), the personal representative, within sixty (60) days after entering on the administration, shall notify:

(A) Each legatee or devisee under the will that that person or entity is a beneficiary by sending, by first class mail or personal delivery, a complete copy of the will to those beneficiaries sharing in the residue of the estate, and by sending a copy of the paragraph or paragraphs of the will containing the bequests to those beneficiaries only receiving bequests; and

(B) Each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration.

 

After the notice has been provided to the beneficiaries the personal representative for the estate must provide, within the same sixty day notice period discussed above, notice to the clerk with an affidavit of compliance with the notice requirements under T.C.A. § 30-2-301.  Specifically, T.C.A. § 30-2-301(3) provides as follows:

 

Within the sixty-day period, the personal representative shall also execute and file with the clerk of the court an affidavit that the required copies have been mailed or delivered to the beneficiaries or distributees, and an explanation of efforts to identify and locate beneficiaries or distributees, if any, to whom copies have not yet been sent.

There is an exemption from the notice requirement when the personal representative is the sole beneficiary of the estate.  Compliance with the notice requirements is waived under T.C.A. § 30-2-301(4) in that situation.  Also, if the decedent's will was admitted to probate in solemn form then there is no requirement to notify under T.C.A. § 30-2-301.


TAGS: Solemn Form Probate, Probate Process, Executor/Executrix, Notice Requirements, Tennessee Probate Law
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Author

Jason A. Lee is a Member of Burrow Lee, PLLC. Contact Jason at 615-540-1004 or jlee@burrowlee.com for an initial consultation on wills estate planning and probate issues.

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Tennessee Wills and Estates Blog
Jason A. Lee, Member of Burrow Lee, PLLC
611 Commerce Street, Suite 2603
Nashville, TN 37203
Phone: 615-540-1004
E-mail: jlee@burrowlee.com

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