Probate Case Resources
Bond for the Personal Representative
The personal representative is required to get a bond in order to probate an intestate estate (one with no will). These bonds may be purchased from insurance companies. They are relatively expensive and good for only one year. If the probate is not completed within the year, the bond will need to be renewed at additional cost. Successful completion of the probate does not result in a refund of any portion of the bond.
Not everyone can get such a bond. Persons with a criminal conviction or a poor credit rating are not always eligible. The purpose of the bond is to assure that the personal representative handles the estate properly. The bonding company must pay the estate for any misdeeds of the personal representative. The bonding company may pursue the personal representative for restitution of money paid under the bond for the personal representative's wrongdoing.
The costs of the bonds vary, typically an estate of $125,000 would have a bond of approximately $500.
Most people waive the requirement for posting a bond when they make out their will.
What is TennCare (Medicaid) Estate Recovery?
The State of Tennessee is required by federal and state law to have a program that seeks to recover certain funds paid by the TennCare (Medicaid) program after the person is deceased.
States must pursue recover of costs for medical assistance consisting of:
Nursing home or other long-term institutional services;
Home- and community-based services (including home health and private duty nursing);
Hospital and prescription drug services provided while the person was receiving nursing home or home- and community-based services and;
At State option, any other items covered by the Medicaid State Plan.
Whose estate is subject to TennCare (Medicaid) Estate Recovery?
The estate of any person age 55 and older for whom TennCare (Medicaid) has paid for nursing home (or other long-term institutional) services or Home and Community Based Services and the estate of any permanently institutionalized individual is subject to TennCare (Medicaid) Estate Recovery. If the estate is not being probated, you do not have to provide the probate court information, but you must obtain a release of TennCare's claim prior to disbursement of funds and/or assets.