Do I Need an Attorney to Probate an Estate in Tennessee?

Following the death of a loved one, someone must step in and address the practical and legal ramifications of their passing. Among other things, that means initiating the probate of the decedent’s estate. If you are the person designated to oversee probate, the prospect of navigating the legal system may be daunting, leading you to wonder if you should employ the services of an attorney. Although there is no legal requirement to retain an attorney for probate, a Murfreesboro probate attorney at Bennett | Michael | Hornsby discusses several important benefits you receive if you work with an attorney during the probate of an estate in Tennessee.

Last Will and Testament Document Ready to Sign. Last Will Document and Fountain Pen Closeup Photo.

Tennessee Probate Basics

Probate is the word used to refer to the legal process typically required following the death of an individual that is used to identify and value estate assets, settle debts of the estate, and eventually transfer assets to beneficiaries and/or heirs of the estate. In Tennessee, most jurisdictions have a separate Probate Court that handles probate cases. If the decedent left behind a Last Will and Testament, the terms of that Will are used to determine how assets are distributed. If the decedent died intestate (without a Will or trust), the Tennessee intestate succession laws dictate who inherits from the estate. Although each estate is unique, steps involved in the probate of an estate usually include:

  • Initiate Probate: If an Executor was named in a Will, that person files the required documents with the Probate Court in the county where the decedent was a resident at the time of death. If there is no Will, a family member or interested party may petition to initiate and oversee probate. The court will appoint the Executor or Administrator (in an intestate estate) to oversee the probate process.
  • Inventory and Value Assets: The Executor or Administrator must identify, locate, and obtain a date of death value for all the decedent’s assets.
  • Notify Creditors: Creditors must be notified personally or via publication, giving them an opportunity to file claims against the estate. The Executor/Administrator then reviews all claims and approves or denies them.
  • Litigate Challenges: If someone contests the Will, the entire probate process can grind to a halt while the validity of the Will is litigated because the outcome of that litigation determines how assets are distributed. Litigation may also occur as a result of contested creditor claims or debts of the estate.
  • Payment of Debts: All approved debts are paid using estate assets. This includes any taxes owed, such as federal gift and estate taxes.
  • Distribute Assets: After settling debts and expenses, the remaining assets are distributed to beneficiaries and/or heirs of the estate.

Benefits of Having an Attorney during Probate in Tennessee

The law does not mandate retaining an attorney to assist you during the probate of an estate in Tennessee; however, there are several important benefits to having an experienced Tennessee probate attorney on your side, including:

  • Handling Complex or Valuable Estates: A modest estate with uncomplicated assets can be probated relatively easily. Tennessee even offers a simplified small estate alternative for estates without real property that are valued at less than $50,000. For more complex and/or valuable estates, however, the assistance of an experienced attorney can make the process more efficient and dramatically reduces the likelihood of costly mistakes.
  • Knowledge of Law and Procedure: Like all legal processes, probate is governed by a complex set of laws and procedures. As such, there are strict rules and deadlines that must be followed to avoid delays or even personal liability for the Executor or Administrator. An experienced probate attorney can help you navigate the legal process to prevent missing deadlines or inadvertently causing delays.
  • Addressing Family Disputes: When all interested parties agree to the distribution of an estate it makes it easier to accomplish without the help of an attorney. If, however, disputes arise over the Will or asset distribution, it can cause costly delays. An experienced probate attorney can offer impartial advice and help mediate family conflicts. If it becomes necessary, an attorney can also help you litigate conflicts that cannot be resolved outside the judicial process.
  • Peace of Mind: If you are responsible for probating the estate of a loved one, you are likely also still grieving a significant loss. Working with an attorney allows you to focus on your own grieving process and that of your family members, providing you with invaluable peace of mind.  

Contact a Murfreesboro Probate Attorney 

If you find yourself charged with overseeing the probate of an estate in Tennessee and would like the assistance of an attorney, contact an experienced Murfreesboro probate 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