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10 Common Steps in the Tennessee Probate Process

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Stan Bennett Will

The death of a loved one brings not only emotional hardship but also legal responsibilities for those left behind. If you are named as the Executor of an estate, you are tasked with guiding it through Tennessee’s probate process, the legal procedure intended to ensure assets are properly managed, debts are resolved, and beneficiaries receive what is rightfully theirs. To give you an idea of what to anticipate, an estate planning attorney at Bennett | Michael | Hornsby explainswills-img 10 common steps in the Tennessee probate process.

  • Filing a Petition to Begin Probate. The process starts by filing a petition with the Probate Court in the county where the decedent lived. If a Last Will and Testament exists, it must be submitted as well. If no Will is found, Tennessee’s intestate succession laws determine how assets are distributed. The court will appoint an Executor (or Administrator), granting legal authority through Letters Testamentary or Letters of Administration.
  • Locating and Securing Assets. After appointment, the Executor must identify and safeguard the decedent’s assets, including things such as real property, financial accounts, investments, retirement funds, and personal belongings. Steps should be taken to protect these items, such as maintaining insurance and securing property, while accurate documentation is vital.
  • Notifying Heirs and Beneficiaries. All individuals entitled to a share of the estate, whether named in a Will or entitled by law, must receive written notice that probate has begun. This allows those with legal standing to contest the Will or challenge the Executor’s role if they choose to do so. Following the proper notice procedures ensures transparency and prevents future disputes.
  • Alerting Creditors. Known creditors must be notified directly of the probate proceeding. Tennessee law also requires public notice in a local newspaper to inform unknown creditors, who typically have four months from publication to file claims with the court.
  • Reviewing Claims. Once claims are filed, the Executor evaluates each one for legitimacy and claims determined to be valid must be paid from estate funds. If there are not enough liquid assets, the Executor may need to sell property to satisfy obligations. Disputed claims may end up being litigated and resolved before assets can be distributed to beneficiaries and heirs.
  • Preparing an Inventory and Appraisals. The Executor must compile an inventory of all estate assets, including valuations as of the date of death. Real estate, business interests, and other valuable items may require professional appraisals. This information is filed with the court and used in calculating taxes and distributions.
  • Paying Debts, Expenses, and Taxes. The Executor is responsible for settling all approved claims and administrative costs, such as legal fees, court costs, and property upkeep. Tax obligations must also be fulfilled, including the final income tax return and any federal gift and estate taxes. While some states impose a separate state level estate tax, Tennessee is not one of them.
  • Handling Disputes. Legal challenges can arise during probate. For example, an heir may contest the Will, question asset values, or dispute the Executor’s actions. The Executor must defend the estate and, when necessary, seek resolution through negotiation or the courts.
  • Distributing the Estate. After debts, expenses, and legal matters are addressed, the Executor distributes remaining assets to beneficiaries and/or heirs. Distributions follow the terms of the Will, or if none exists, Tennessee’s intestate succession laws. Sometimes assets must be sold to allow for equitable distribution. A final accounting is typically submitted to the court before distribution occurs.
  • Closing the Estate. To formally close the estate, the Executor submits a petition along with supporting documentation, including proof of all disbursements and the final accounting. Once approved by the court, the estate is closed, and the Executor is discharged from further duties.

Probate can be complicated, but working with an experienced Tennessee probate attorney can help ensure the process proceeds smoothly and in accordance with all applicable laws and procedures.

Contact a Murfreesboro Estate Planning Attorney 

If you have additional questions or concerns about the probate process in Tennessee, contact an experienced Murfreesboro estate planning attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.

 

Stan Bennett
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