Personal Representatives in Tennessee

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What Are Personal Representatives

Personal representatives are those who represent the personal interests of the deceased. If a person passes away, the person appointed by the testator to carry out the terms of the Will is named executor. If someone has passed away without a will, the court will appoint an administrator during probate proceedings in place of the executor. Administrators and executors are both personal representatives of the deceased, and bear the responsibility of carrying out their final wishes. Both executors and administrators also bear the responsibility of closing the estate, or probate. Anytime a personal representative is appointed, it means there is a probate case happening. Probate is when someone has passed away and now someone must close their estate and distribute their remaining personal belongings.

Role and Responsibilities

Though getting to be appointed an executor or administrator is a different path, much of the responsibilities are the same. Both executors and administrators bear the probate responsibilities, including but not limited to assessing the estate, paying off debts, and distributing assets. One thing to note is that executors are responsible for carrying out final wishes, whereas administrators are not, because the decedent left no will and no wishes. Where executors distribute assets according to the will, administrators distribute assets according to Intestacy laws here in Tennessee, covered in T.C.A. § 31-2-101.  

Compare and Contrast 

Despite both positions maintaining the same general responsibilities, there are slight differences between the two. Both must go through the probate litigation procedures, attend court hearings, account for assets, and distribute them accordingly, but where an executor distributes according to their Will, administrators follow Tennessee Intestacy laws. Say a woman, Tessa, passes away. Tessa has no children, and is 27 years old. On her commute to work with 2 of her coworkers, the three are hit by a drunk driver in a pickup. According to Tennessee Intestacy laws, distributing her assets according to T.C.A. § 31-2-101 is like so:

  • First, because Tessa is only 27, she didn’t make a will, so the court appoints an administrator to distribute Tessa’s belongings. Then the administrator must find and contact Tessa’s parents’ to inform them of her passing (if they do not already know) and inform them that they are her heirs-at-law. Tessa’s mother and father are divorced, but both are still alive, so the administrator must decide how to split the assets equally among the two. 

Now let’s take the same exact situation, but where Tessa did make a Will:

  • Tessa, despite being 27, already wrote up an early will. During the initial hearing, her Will is validated, and the court makes her mother the executor, like she requested. In her Will, Tessa requests that her physical belongings, like her car, jewelry, and clothes, are given to her siblings. Tessa’s executor, her mother, gives Tessa’s sister her clothes and jewelry, and gives Tessa’s brother her car, so that the belongings are split equally. Tessa also requests any money in her checking account be divided between her brother and sister, but requests that any money in her savings and work retirement/401k be put in her parents’ retirement fund.

These two situations are similar, and yet still distinctly different. Despite all other factors being the same, because Tessa had a Will, the outcome of her case was drastically different. When Tessa passed away Intestate, the court and her family had no idea what her final wishes could have been, and had no idea how she wanted her belongings to be distributed. However, in the opposite situation, where she did have a will, her family all knew what she wanted to go where. Tessa’s family can grieve in peace knowing they fulfilled their daughter’s final wishes, and Tessa can rest peacefully knowing her things went to her family just how she wanted them too. Comparing the situations, we can clearly see the small nuances that make them different from one another. 

Living Representatives

A form of representation, guardianship and conservatorship pertain to watching over the general wellness of another individual, making sure they have all their basic necessities met and are in the best possible state of mind. Guardianship and conservatorship, like executors and administrators, have a distinct key difference. Guardianship is given to those deemed too young to take care of themselves, whereas conservatorship is given to those too old or incapable of taking care of themselves. Like executors and administrators, the responsibilities pertaining to the two roles are very similar. Medical visits, appropriate nutrition, clothes, and education are all responsibilities conservators and guardians have, alongside financial responsibilities over the estate of those they are taking care of. Those being taken care of are allowed to contest guardianship or conservatorship if they want to, and the court only determines conservatorship and guardianship in the most severe cases, as the decision is limiting for the conservatee and guardee in regard to personal choice and preference.

Conclusion

Personal representatives are vital and necessary for the smooth flow of probate, but holding the title comes at a cost. Losing your loved one is already difficult, and if you need help getting a foot in the door, call our office today. Our seasoned attorneys have years of probate experience and would love to help you.

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.

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