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Start the free role checkKey Tennessee Uniform Trust Code provisions
State pension moneys and qualified retirement plan funds exempt; qualified domestic relations orders
Tenn. Code Ann. § 26-2-105 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Homestead exemption (basic exemption)
Tenn. Code Ann. § 26-2-301 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Right of surviving spouse and minor children to exempt property
Tenn. Code Ann. § 30-2-101 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Year's support allowance
Tenn. Code Ann. § 30-2-102 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Assignment of homestead
Tenn. Code Ann. § 30-2-201 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Assignment of homestead out of sale proceeds
Tenn. Code Ann. § 30-2-209 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Claims against the estate; filing; amendment
Tenn. Code Ann. § 30-2-307 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Limitation on the time for filing claims
Tenn. Code Ann. § 30-2-310 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Priority of claims; payment; contested or unmatured claims
Tenn. Code Ann. § 30-2-317 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Vesting of the estate; net estate
Tenn. Code Ann. § 31-2-103 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Share of surviving spouse and heirs
Tenn. Code Ann. § 31-2-104 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Representation
Tenn. Code Ann. § 31-2-106 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Right to elective share
Tenn. Code Ann. § 31-4-101 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Will contests: statute of limitations
Tenn. Code Ann. § 32-4-108 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Prudent investor rule
Tenn. Code Ann. § 35-14-103 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Standard of care; portfolio strategy; risk and return objectives
Tenn. Code Ann. § 35-14-104 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Diversification
Tenn. Code Ann. § 35-14-105 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duties at inception of trusteeship
Tenn. Code Ann. § 35-14-106 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Delegation of investment and management functions
Tenn. Code Ann. § 35-14-111 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Limitation of action for breach of trust
Tenn. Code Ann. § 35-15-1005 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Certification of trust
Tenn. Code Ann. § 35-15-1013 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Place of administration; nexus for a state jurisdiction provision; transfer
Tenn. Code Ann. § 35-15-108 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Alter ego
Tenn. Code Ann. § 35-15-1104 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Dominion and control over a trust
Tenn. Code Ann. § 35-15-1105 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Powers of trust advisors and trust protectors
Tenn. Code Ann. § 35-15-1201 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
No duty to review the actions of a trustee, trust advisor or trust protector
Tenn. Code Ann. § 35-15-1204 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Petition for final accounting on resignation, removal or termination
Tenn. Code Ann. § 35-15-205 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Rights of beneficiary's creditor or assignee
Tenn. Code Ann. § 35-15-501 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Spendthrift provision
Tenn. Code Ann. § 35-15-502 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Exceptions to spendthrift provision
Tenn. Code Ann. § 35-15-503 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Discretionary interests; effect
Tenn. Code Ann. § 35-15-504 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Creditor's claims against settlor
Tenn. Code Ann. § 35-15-505 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Distributions relative to support, mandatory and certain remainder interests
Tenn. Code Ann. § 35-15-506 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Personal obligations of trustee
Tenn. Code Ann. § 35-15-507 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Removal power and a beneficiary-fiduciary's interest not reachable by creditors
Tenn. Code Ann. § 35-15-508 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Judicial foreclosure of beneficial interests and powers prohibited
Tenn. Code Ann. § 35-15-509 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Immunity of entireties property conveyed to a trustee from separate creditors
Tenn. Code Ann. § 35-15-510 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Limitation on action contesting validity of revocable trust; distribution
Tenn. Code Ann. § 35-15-604 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duty to administer trust
Tenn. Code Ann. § 35-15-801 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duty of loyalty
Tenn. Code Ann. § 35-15-802 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Impartiality
Tenn. Code Ann. § 35-15-803 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Prudent administration
Tenn. Code Ann. § 35-15-804 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Costs of administration
Tenn. Code Ann. § 35-15-805 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trustee's skills
Tenn. Code Ann. § 35-15-806 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Delegation by trustee
Tenn. Code Ann. § 35-15-807 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Powers to direct; transitional provisions
Tenn. Code Ann. § 35-15-808 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Control and protection of trust property
Tenn. Code Ann. § 35-15-809 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Recordkeeping and identification of trust property
Tenn. Code Ann. § 35-15-810 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Enforcement and defense of claims
Tenn. Code Ann. § 35-15-811 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Collecting trust property
Tenn. Code Ann. § 35-15-812 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duty to inform and report
Tenn. Code Ann. § 35-15-813 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Exercise of powers over discretionary and other interests; tax savings
Tenn. Code Ann. § 35-15-814 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
General powers of trustee
Tenn. Code Ann. § 35-15-815 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Specific powers of trustee
Tenn. Code Ann. § 35-15-816 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Distribution on termination, removal or resignation; discharge notice
Tenn. Code Ann. § 35-15-817 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trustee's power to appoint in trust (decanting)
Tenn. Code Ann. § 35-15-818 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trustee discretion for settlor tax reimbursement
Tenn. Code Ann. § 35-15-819 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Specifically enumerated fiduciary powers that may be incorporated by reference
Tenn. Code Ann. § 35-50-110 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Life insurance or annuity for or assigned to spouse, children or dependent relatives exempt from creditors
Tenn. Code Ann. § 56-7-203 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Transfers fraudulent as to present and future creditors
Tenn. Code Ann. § 66-3-305 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Tennessee trustee deadlines: what the statutes provide
Reviewed against the Tennessee Statutes on 2026-10-28. General information, not legal advice; the official text controls.
| When | Timing | What the statute provides | To whom | Statute |
|---|---|---|---|---|
| You are named trustee and act on it | No day-count. Acceptance is by the instrument's method or by conduct; the initial notice runs from the later of it and the funding. | Accept by substantially complying with a method of acceptance the terms of the trust provide or, where they provide none or the method is not expressly exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance. | — | Tenn. Code Ann. § 35-15-701(a) ↗ |
| You are named trustee and do not want the office | A designee who does not accept within a reasonable time after knowing of the designation and the assets is deemed to have rejected it. | A designee who has not accepted may reject; without accepting, a designee may act to preserve the trust property if a rejection is sent within a reasonable time to the settlor or, where the settlor is dead or lacks capacity, to a qualified beneficiary, and may inspect the property for environmental or other liability. | — | Tenn. Code Ann. § 35-15-701(b), (c) ↗ |
| You will serve as trustee and you are not a Tennessee resident | Before acting as trustee. | A nonresident individual may serve as trustee; before acting, the fiduciary files with the Secretary of State a writing appointing the Secretary of State as agent for service of process, identifying the trust and stating the fiduciary's street address, with the $10 filing fee. | The Secretary of State | Tenn. Code Ann. § 35-50-107(b)(2) ↗ |
| You accept | At once and throughout; no day-count. | Administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries; solely in the beneficiaries' interests (Tenn. Code Ann. § 35-15-802(a)) and impartially among them (Tenn. Code Ann. § 35-15-803). | — | Tenn. Code Ann. § 35-15-801 ↗ |
| You accept | No day-count; reasonable steps, promptly. | Take reasonable steps to take control of and protect the trust property; keep adequate records, keep the property separate and have it designated as the trust's in third-party records (Tenn. Code Ann. § 35-15-810); compel a former trustee to deliver property and redress a known breach (Tenn. Code Ann. § 35-15-812). | — | Tenn. Code Ann. § 35-15-809 ↗ |
| You accept, or the trust receives assets | Within a reasonable time; no day-count. | Review the trust assets and make and implement decisions about their retention and disposition, to bring the portfolio into compliance with the trust's purposes, terms, distribution requirements and other circumstances — the prudent investor rule, unless the terms provide otherwise (Tenn. Code Ann. § 35-14-103). | — | Tenn. Code Ann. § 35-14-106 ↗ |
| The trust is irrevocable or nongrantor, you have accepted, and the trust has been funded beyond a nominal corpus | Within 60 days after the acceptance and the funding of the trust — the later of the two. | Notify the recipients that the trust has been established — nominal funding for the trust to have corpus and the depositing of insurance policies on the life of a living person excluded. A default rule the terms, or a written direction of a living settlor, trust advisor or trust protector, may change (Tenn. Code Ann. § 35-15-813(e)); not for a trust irrevocable before July 1, 2004 ((f)). | Each current income beneficiary, each vested ultimate beneficiary of a remainder interest and anyone who, in a capacity other than that of a fiduciary, holds a power of appointment (Tenn. Code Ann. § 35-15-813(b)(1)) — or the representative of one (Tenn. Code Ann. § 35-15-301); never an ultimate beneficiary who takes only if every other beneficiary fails (Tenn. Code Ann. § 35-15-103(25)(D)). | Tenn. Code Ann. § 35-15-813(b)(1) ↗ |
| You send the initial notice | With the notice. | Either a complete copy of the document establishing the trust together with the trustee's name, address and telephone number, or an abstract — in the trustee's absolute discretion. The abstract contains each trustee's name, address and telephone number; for a current income beneficiary, the number of other current income beneficiaries, whether income distributions are required or discretionary, whether principal may be distributed and for what purposes, and estimates of the trust's distributable value and of the beneficiary's distributable income; for a remainder beneficiary, the number of other remainder beneficiaries, an estimate of the trust's value and the conditions to distribution; for a power holder, the information necessary or beneficial to deciding whether to exercise the power. | — | Tenn. Code Ann. § 35-15-813(b)(2), (3) ↗ |
| You send the initial notice | By the statute's two methods. | The notice is sent by first-class mail or personal delivery. The general methods of notice — a properly directed electronic message and electronic provision with consent in a record among them — are Tenn. Code Ann. § 35-15-109(a)(2)'s for other notices. | — | Tenn. Code Ann. § 35-15-813(b)(2)(A) ↗ |
| A current income interest terminates | The same notice, to the persons who then take; no day-count stated. | On the termination of a current income interest, the trustee gives the notice of subsection (b) to the beneficiaries who take. | — | Tenn. Code Ann. § 35-15-813(c) ↗ |
| You administer the trust | Throughout; no periodic report is required by statute. | Keep the beneficiaries who are current mandatory or permissible distributees of trust income or principal reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests; a separate share's trustee informs that share's beneficiaries. | — | Tenn. Code Ann. § 35-15-813(a)(1) ↗ |
| A qualified beneficiary, or a nonfiduciary power holder, asks for information related to the administration | Within a reasonable amount of time, unless unreasonable under the circumstances. | Respond to the request; the qualified beneficiary reimburses the trustee's reasonable expenses of responding. The trustee may require a confidentiality agreement before releasing information about a restricted asset ((g)). | — | Tenn. Code Ann. § 35-15-813(a)(2), (3) ↗ |
| A beneficiary waives a report or information | Effective until withdrawn as to the future. | Any beneficiary may waive the right to a report or other information and may withdraw the waiver with respect to future reports or information; a nonfiduciary power holder the same. | — | Tenn. Code Ann. § 35-15-813(d) ↗ |
| The terms of the trust, or a living settlor, trust advisor or trust protector, change the information duties | As the terms or the written direction provide; a settlor's direction ends at the settlor's death or incapacity. | The duties of the section are default rules: the terms, or a written direction delivered to the trustee, may change them, and the settlor may designate a representative to receive the reports and information in a beneficiary's place. | — | Tenn. Code Ann. § 35-15-813(e) ↗ |
| The trust is revocable and the settlor has capacity | While both are so. | The rights of the beneficiaries are subject to the settlor's control, and the duties of the trustee are owed exclusively to the settlor; the trustee may follow the settlor's direction contrary to the terms (Tenn. Code Ann. § 35-15-808(a)); the settlor may remove and appoint trustees by written notice (Tenn. Code Ann. § 35-15-606). | — | Tenn. Code Ann. § 35-15-603(a) ↗ |
| A person other than a beneficiary asks for the trust instrument | No day-count; in place of the instrument. | Furnish a certification of trust signed by the trustees with signatory authority and attested by a notary public, with the nine items the statute lists — the trust's identification number only if essential to the transaction — and the statement that the trust has not been revoked, modified or amended in a manner that would make the representations incorrect; the trustee may provide copies of all or part of the instrument, and a third party may ask for additional information to clarify an ambiguity before contracting. | — | Tenn. Code Ann. § 35-15-1013 ↗ |
| The settlor of a trust revocable at the death dies | Two years after the death — or 120 days after the trustee sends a person a copy of the instrument and the statutory notice, whichever is earlier for that person. | A person commences a judicial proceeding to contest the validity of the trust within the earlier of the two; the notice informs the person of the trust's existence, of the trustee's name and address, and of the time allowed. The trustee may distribute after the death, but is not protected where a contest is pending or a potential contestant's notice is followed by a proceeding within 60 days ((b)). | — | Tenn. Code Ann. § 35-15-604(a) ↗ |
| The settlor dies — a trust revocable at the death | No trustee's clock: the trust answers for the claims the estate's bars leave open. | After the death, and subject to the settlor's right to direct the source of payment, the property of a trust that was revocable at the death is subject to the claims of the settlor's creditors, the costs of administration of the estate and the expenses of the funeral and disposal of remains; a claim barred against the estate is barred against the trust, its trustee and its beneficiaries. Tennessee gives a trustee no publication of its own. | — | Tenn. Code Ann. § 35-15-505(a)(6) ↗ |
| The settlor dies — whether or not an estate is opened | Twelve months after the death, taxes excepted. | All claims against the decedent are barred twelve months from the date of death, whether or not notice to creditors was published; the Bureau of TennCare's claim has its own windows ((c)): with a notice received within twelve months of the death, the later of twelve months from the death or four months from the receipt; without one, 48 months from the death. | — | Tenn. Code Ann. § 30-2-310(a), (b) ↗ |
| You take a fee | Before any fee is taken; no day-count. | Compensation as the terms specify, with the court's power to allow more or less, or reasonable compensation under the circumstances unless a living settlor or a majority of the qualified beneficiaries agreed otherwise; a regulated institution's published schedule is presumed reasonable; expenses properly incurred are reimbursed with interest (Tenn. Code Ann. § 35-15-709). | — | Tenn. Code Ann. § 35-15-708 ↗ |
| You decide to resign | At least 30 days' notice, or the court's approval. | Resign on at least 30 days' notice to the qualified beneficiaries, the settlor if living, and all cotrustees, or with the court's approval; resignation does not discharge liability for acts or omissions (Tenn. Code Ann. § 35-15-705(c)). | The qualified beneficiaries, the settlor if living, and all cotrustees | Tenn. Code Ann. § 35-15-705(a) ↗ |
| You have resigned or been removed | Within a reasonable time; the duties continue until delivery. | Unless a cotrustee remains or the court orders otherwise, a trustee who has resigned or been removed keeps the duties of a trustee and the powers necessary to protect the trust property until it is delivered to a successor or other person entitled to it, and delivers it within a reasonable time. | — | Tenn. Code Ann. § 35-15-707 ↗ |
| A trustee resigns or is removed without a court proceeding, and real estate is trust property | The departing trustee records; if not within 30 days, the successor or remaining trustee records. | Record in the office of the register of deeds of each county where trust real estate lies an instrument reciting the resignation or removal, the name and address of the successor or remaining trustee and each parcel; a court's order of resignation, removal or appointment, or an acknowledged memorandum of it, is recorded the same way ((a)). | The register of deeds of each county where trust real estate lies | Tenn. Code Ann. § 35-1-101(b) ↗ |
| You propose to move the trust's principal place of administration | Notice not less than 60 days before the transfer, with an objection date not less than 60 days after the notice. | Notify the qualified beneficiaries of the proposed transfer, the new jurisdiction, the trustee's new address and telephone number, the reasons, the anticipated date and the objection date; an objection by a majority of the qualified beneficiaries ends the authority to transfer. | The qualified beneficiaries | Tenn. Code Ann. § 35-15-108(e), (f) ↗ |
| The trustee and all qualified beneficiaries propose to modify or terminate the trust during the settlor's life | Notice to the settlor not less than 60 days before. | The settlor receives notice of the proposed modification or termination, its reasons, the anticipated date and an objection date not less than 60 days after the notice; after the settlor's death the trustee and the qualified beneficiaries may agree, or the court may act with the dissenter protected ((b), (c)). | The settlor | Tenn. Code Ann. § 35-15-411(a) ↗ |
| The trust's property is less than $250,000, or the trustee's scheduled fee reaches the statute's percentage | After notice to the qualified beneficiaries; no day-count stated. | The trustee may terminate the trust where the value of the property is insufficient to justify the cost of administration, after notice to the qualified beneficiaries; the court may modify or terminate it, or remove the trustee and appoint another, on the same ground ((b)). | The qualified beneficiaries | Tenn. Code Ann. § 35-15-414(a) ↗ |
| The office of a trust advisor or trust protector becomes vacant | 60 days after the trustee learns of the vacancy, no liability for not exercising the power. | Where the office is vacant, the power vests in the trustee, who is not liable for failing to exercise it during the 60 days after learning of the vacancy; a modification of an existing fiduciary's duties under an allocation takes effect 30 days after written notice is received unless waived (Tenn. Code Ann. § 35-15-716). | — | Tenn. Code Ann. § 35-15-713 ↗ |
| The trust terminates, or you are removed or resign | Within a reasonable time, with a reasonable reserve. | Distribute the trust property to the persons entitled to it within a reasonable time, subject to the right to retain a reasonable reserve for the payment of debts, expenses, attorney fees and taxes. | The persons entitled to the trust property | Tenn. Code Ann. § 35-15-817(a) ↗ |
| You give the discharge notice on a termination, partial termination, resignation or removal | Each recipient has 45 days after receipt to object, receipt presumed five business days after mailing; the statement dated within 30 days; a period of at most three years. | The notice carries a statement of the trust's assets and liabilities at fair market value dated within 30 days, the receipts and disbursements with their sources and payees for a period of at most three years, the remaining fees and the statutory warning; a recipient who does not deliver a specific written objection within 45 days after receipt is barred from the claims the section names, with the preclusive effect Tenn. Code Ann. § 35-15-1005(e) states. | The living grantor, each qualified beneficiary or conflict-free representative, every other serving trustee, trust advisor and trust protector | Tenn. Code Ann. § 35-15-817(c)–(k) ↗ |
| You send a beneficiary information that adequately discloses facts indicating a potential claim, or the beneficiary learns them | One year after the earlier of the sending and actual knowledge. | A beneficiary may not commence a proceeding against the trustee for breach of trust more than one year after that date; information adequately discloses the facts where it provides sufficient information that the beneficiary knows of the potential claim or should have inquired into its existence; electronic access with consent in a record is actual knowledge as the section states ((f)). | — | Tenn. Code Ann. § 35-15-1005(a), (b) ↗ |
| No adequate disclosure or actual knowledge starts the one-year period | Three years after the earliest of the trustee's removal, resignation or death, the end of the beneficiary's interest, or the trust's termination. | Where subsection (a) does not apply, a judicial proceeding against the trustee is commenced within the three years; a court-approved accounting and a compliant discharge notice with no timely objection have the preclusive effect subsection (e) states. | — | Tenn. Code Ann. § 35-15-1005(c) ↗ |
| A trustee gives notice of a proposed action under the Tennessee Uniform Principal and Income Act's procedure | At least 60 days to object after the notice is mailed. | The notice states the proposed action, the time within which an objection may be made and the other statements the section requires; an adult beneficiary who does not object within the time is bound as the section provides. | The adult income and principal beneficiaries | Tenn. Code Ann. § 35-6-105(d) ↗ |
| A person has custody of the decedent's will and learns of the death | On knowledge of the death; no day-count. | Mail or deliver the will to the personal representative named in it, with a copy to the clerk of the court having probate jurisdiction, or the original to the clerk where no personal representative is named, known or willing; a living testator may deposit a sealed will with the court where the clerk has a vault (Tenn. Code Ann. § 32-1-112). | The named personal representative; the clerk of the probate court | Tenn. Code Ann. § 32-1-113 ↗Related estate |
| An estate is to be opened for the decedent | No statutory day-count; letters issue on the petition. | The petition for letters is verified and states the items the section lists, including whether the decedent owned a business; the county's probate court — the chancery court unless a private act provides otherwise (Tenn. Code Ann. § 16-16-201) — issues the letters. | — | Tenn. Code Ann. § 30-1-117 ↗Related estate |
| Letters issue | Within 60 days after entering on the administration. | The personal representative files a verified inventory of the estate's property with the clerk, unless the will excuses it or the heirs and legatees waive it as the section provides. | The clerk of the probate court | Tenn. Code Ann. § 30-2-301(a) ↗Related estate |
| Letters issue | Within 60 days. | The personal representative sends each beneficiary a complete copy of the will, or each heir the letters, and files the statutory affidavit; where the will leaves the residue to a trustee, a complete copy to the trustee, who sends copies to the trust's beneficiaries under Title 35; the TennCare affidavit is filed with the court. | The beneficiaries or heirs; the trustee of a residuary trust | Tenn. Code Ann. § 30-2-301(b) ↗Related estate |
| Letters issue | Within 60 days of letters; the release before the estate closes. | The personal representative gives the Bureau of TennCare the notice on its published form, by certified mail or as the Bureau designates, and obtains the Bureau's release of any claim before the estate is closed. | The Bureau of TennCare | Tenn. Code Ann. § 71-5-116(d), (c) ↗Related estate |
| Letters issue | The clerk publishes within 30 days after the grant of letters, unless letters issue more than one year after the death. | The clerk publishes the notice to creditors in the statutory form, once a week for two consecutive weeks in a newspaper of the county or by posting where none exists; the personal representative mails or delivers a copy to each creditor known or reasonably ascertainable. | The decedent's creditors | Tenn. Code Ann. § 30-2-306(a), (d), (e) ↗Related estate |
| The clerk's notice is first published, or a creditor receives actual notice | Four months from the first publication — or 60 days from the receipt for a creditor given actual notice fewer than 60 days before that date. | A claim not filed with the clerk within the period is barred against the estate — and, by Tenn. Code Ann. § 35-15-505(a)(6), against a trust that was revocable at the death. | — | Tenn. Code Ann. §§ 30-2-306(b), 30-2-307(a) ↗Related estate |
| The personal representative qualifies | Within fifteen months after qualification, then annually, or the statement in lieu. | The personal representative makes an accounting with the clerk of the estate's receipts and disbursements, or files the statement in lieu of an accounting where the statute allows. | The clerk of the probate court | Tenn. Code Ann. § 30-2-601(a) ↗Related estate |
| The estate's personal property is $50,000 or less and there is no real property to administer | An affidavit filed 45 days after the death; limited letters to the first anniversary. | The small estate proceeds on the affiant's sworn affidavit with the court of the county of the decedent's residence, with limited letters and no notice to creditors; the affiant answers for the property as the chapter provides. | The court of the county of the decedent's residence | Tenn. Code Ann. §§ 30-4-102, 30-4-103 ↗Related estate |
| A surviving spouse elects against the will | A petition within nine months after the death, extendable during litigation over the will. | The elective-share amount is 10, 20, 30 or 40 percent of the net estate by the length of the marriage, reduced by the value of everything that passed to or for the spouse from the decedent's gross estate; the exempt property up to $50,000 (Tenn. Code Ann. § 30-2-101), the year's support (Tenn. Code Ann. § 30-2-102) and the homestead (Tenn. Code Ann. § 30-2-201) stand beside it. | The probate court | Tenn. Code Ann. §§ 31-4-101, 31-4-102 ↗Related estate |
| A will is admitted to probate | Two years after the order admitting it. | A proceeding to contest the validity of the will is brought within the two years, with the statute's exceptions for a person under disability. | — | Tenn. Code Ann. § 32-4-108 ↗Related estate |
| The decedent's gross estate exceeds the federal basic exclusion amount, or a return is filed to elect portability | Nine months after the death; no Tennessee inheritance or estate tax applies (Tenn. Code Ann. §§ 67-8-314, 67-8-318). | The federal estate tax return (Form 706) is filed by the personal representative, or by the trustee where none is appointed; an extension of time to file does not extend the time to pay. | The Internal Revenue Service | 26 U.S.C. § 6075(a) ↗Federal |
| The trust has taxable income, or gross income of $600 or more, in a tax year | By the federal due date for the trust's tax year; Tennessee levies no tax on a trust's income (Tenn. Code Ann. § 67-2-124). | The trustee files the federal fiduciary income tax return (Form 1041) with the beneficiaries' Schedules K-1; each year's edition, with its due date and estimated-payment rules, is read when it is issued. | The Internal Revenue Service | 26 U.S.C. § 6012(a)(4) ↗Federal |
Frequently asked questions
- What are a Tennessee trustee's main duties?
- Generally, a Tennessee trustee administers the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries (Tenn. Code Ann. § 35-15-801); solely in the beneficiaries' interests (Tenn. Code Ann. § 35-15-802(a)) and impartially among them (Tenn. Code Ann. § 35-15-803); as a prudent person would (Tenn. Code Ann. § 35-15-804); and keeps adequate records, with the trust's property separate (Tenn. Code Ann. § 35-15-810).
- Does a Tennessee trustee have to notify the beneficiaries?
- Within 60 days after the acceptance and the funding of an irrevocable or nongrantor trust, the trustee notifies each current income beneficiary, each vested ultimate remainder beneficiary and each nonfiduciary holder of a power of appointment that the trust has been established — by first-class mail or personal delivery, with a complete copy of the instrument or an abstract (Tenn. Code Ann. § 35-15-813(b)). The duty is a default rule the terms or a written direction may change (Tenn. Code Ann. § 35-15-813(e)), and it does not reach a trust irrevocable before July 1, 2004 (Tenn. Code Ann. § 35-15-813(f)). No periodic report is required by statute.
- When should a Tennessee trustee involve an attorney?
- The Tennessee Uniform Trust Code does not require a trustee to engage an attorney; a trustee may delegate what a prudent trustee of comparable skills could properly delegate (Tenn. Code Ann. § 35-15-807). Whether to accept, who receives the initial notice, whether a creditor's claim reaches the trust and when a distribution is safe are the kinds of questions a licensed Tennessee attorney of your choosing answers.
General information about Tennessee law, not legal advice.