A nonresident person, bank or trust company cannot serve in a fiduciary capacity in Tennessee unless and until it has appointed in writing the Tennessee Secretary of State as its agent for service of process.  This appointment authorizes the Secretary of State to receive and to forward to the nonresident fiduciary by registered or certified mail all process in any action or proceeding relating to any trust, estate or matter within this State in which the person, bank or trust company is serving as fiduciary. 

The appointment document submitted to the Secretary of State must contain the following items: 

• The name of the specific trust, estate, or person for which the fiduciary has been appointed; 
• The name and out-of-state street address (including zip code) of the fiduciary; 
• A statement clearly designating the Tennessee Secretary of State as agent for service of process; 
• An original signature of the nonresident person or the representative of the bank or trust company (or a certified copy of the signed appointment document); and 
• The date the document is signed. 
• The appointment document need not be in affidavit form or notarized. 
• The appointment document must be accompanied by a filing fee of $10.00.  Please make checks or money orders payable to the Tennessee Secretary of State. 

Agent Appointment by Nonresident Fiduciary form is also available.