Tennessee Code Annotated
Tenn. Code Ann. § 34-1-106 (2026)
Petition for appointment of fiduciary
✓ current as of May 2026
- (a) The petition for the appointment of a fiduciary shall be served in accordance with the Tennessee Rules of Civil Procedure. The guardian ad litem appointed may serve the petition on the respondent.
- (b) The petitioner shall give notice to the closest relative of the respondent required to be named in the petition and to the person, if any, having care or custody of the respondent, institution, or residential provider with whom the respondent is living by certified mail or personal service in accordance with the Tennessee Rules of Civil Procedure. If, after reasonable effort, a postal address cannot be ascertained, a notification may be published in a newspaper of general circulation in the county where the petition is filed, or if there is no newspaper of general circulation published in the county, notice may be posted at the county courthouse, except where such petitions are filed by or on behalf of a regional mental health institute owned and operated by the department of mental health and substance abuse services or by or on behalf of the department of intellectual and developmental disabilities pertaining to an individual receiving home- and community-based waiver services or intermediate care facility/intellectual disability (ICF/ID) services.
Amended by 2021 Tenn. Acts, ch. 305, s 1, eff. 5/4/2021.
Amended by 2013 Tenn. Acts, ch. 435, s 8, eff. 7/1/2013.
Acts 1992, ch. 794, § 7; 1994, ch. 855, § 2; T.C.A. §34-11-106; Acts 2007 , ch. 8, § 7.
Notes of Decisions
Cited in 4
cases, 2001–2013 · leading case: In Re Conservatorship of Groves, 109 S.W.3d 317 (Tenn. Ct. App. 2003).
In Re Conservatorship of Groves, 109 S.W.3d 317 (Tenn. Ct. App. 2003). “Groves and that the trial court clerk notified her closest relatives as required by Tenn.Code Ann. § 34-1-106. As required by Tenn.”
In Re: Proposed Conservatorship of Mary F. Stratton (Tenn. Ct. App. 2013). “There are no other relatives other than Petitioner to whom notice is required to be issued in accordance with T.C.A. § 34-1-106 other than [Mother’s] two other living adult children: (1) [Jean] Busby (who is also the person with whom [Mother] is living), whose mailing address is…”
In Re: Conservatorship of Maurice M. Acree, Jr. v. Nancy Acree (Tenn. Ct. App. 2012). “Tenn. Code Ann. §34-1-106 . This local rule does not give William the right, five years into this adversary litigation, to file a new “Complaint” and name additional defendants without the Court's permission.”
Thomas Wynns III v. Rae Cummings (Tenn. Ct. App. 2001). “T.C.A. § 34-1-106 provides: 34-1-106. Petition for appointment in fiduciary.”
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