Tennessee Probate and Estate Administration
Navigating the probate process can be complex, but you don’t have to do it alone. At Rochford Law & Real Estate Title, PLLC, our attorneys offer trusted guidance through every step of probate—from validating wills and settling debts to distributing assets in accordance with Tennessee law. With deep experience in estate law, we’re committed to making the probate process as smooth and efficient as possible during what can often be a difficult time. Whether you’re planning ahead or managing a loved one’s estate, our team is here to help. Contact us today for a free consultation.
Nashville Probate Attorney
What is Probate? Probate is the process of admitting a last will and testament to court to distribute a deceased person’s assets and estate. When a person passes with a last will and testament, that person will designate an administrator or executor to deal with the distribution of assets. Probating a will allows this executor to be granted authorization to tend to the details of closing a deceased person’s estate. These duties include settling debts, withdrawing stocks and bonds, closing accounts, selling property, and distributing assets to beneficiaries. At Rochford Law & Real Estate Title, PLLC, our experienced attorneys can guide you through the probate process. Give us a call today to discuss your probate case.
What if there is no will to probate? Individuals who die without a will are said to die “intestate.” When this occurs, Tennessee law dictates the flow of estate and assets to surviving family members. For assistance with an intestate death, give our Nashville Probate Attorney a call
Probate FAQs
The length of the probate process varies from case to case. Once an initial hearing date is set, the parties to the probate case will appear in court, at which time the judge will appoint an executor or administrator and open the estate for probate. Once the estate is opened there is a four-month creditor period. During this time, the estate must remain open and all assets in the estate are withheld from disbursement to the beneficiaries in order to allow any creditors to make a claim against the estate. Upon the expiration of the four-month creditor period, the executor can typically disburse the estate to beneficiaries and close the estate. Depending on the availability of a court date, the existence of none or many creditors, and the complexity of handling the assets of the estate, a probate case can take a minimum of five months to over a year or more to settle.
Determining whether or not to file a probate case is often dependent on if assets of the deceased individual are available in the absence of a court order appointing an executor. Some assets, such as real property, can pass outside of probate. However, in certain instances, such as when real property is willed to an individual who is not a direct family member (spouse or child) or to the exclusion of other heirs at law, the probate process is necessary to transfer title to real property. Further, assets such as bank accounts, retirement accounts, and CDs can typically only be accessed if the bank or financial institution has evidence of a court appointed executor, demonstrating someone has the authority to access a deceased person’s account.
When a person dies without a will, they are said to die “intestate.” When a person dies intestate, Tennessee law takes over and identifies those who are considered the heirs at law. In Tennessee, upon a person’s intestate death, assets of the decedent are immediately vested in their heirs as defined by TN Code Ann. 31-2-104. Even if a person dies intestate, the decedent’s estate can still be probated so that the heirs at law can access assets of the estate.
A will is a document that identifies an executor of your estate and also identifies who you wish to leave your personal assets after your death. A will is utilized after a person passes away for the deceased person’s family to handle the assets the person left behind and determine who was appointed executor of the estate to handle the disbursement of assets. A trust is a legal document utilized to hold assets. For example, people often hire an attorney to create a trust for which will then hold real property. The attorney will create a trust and then prepare a deed, deeding the property title to the trust entity as the new owner. A trust will name the person that created the trust, the trustee or manager of the trust, and the trust beneficiary. If an asset is held in a trust, the trustee can disburse the assets in trust to the beneficiary according to the language of the trust document.
A durable power of attorney remains in effect if the principal becomes incapacitated, whereas a general power of attorney would not be in effect if the principal was incapacitated.