Probate law governs the legal process of administering a deceased person’s estate. This process includes validating a Will (if there is one), appointing an executor or administrator, paying off debts, and distributing assets to the rightful heirs or beneficiaries. Probate ensures that the deceased’s final wishes are honored and that their estate is handled legally and organized.
In Tennessee, the probate process is overseen by probate courts, which ensure that all legal requirements are met. Depending on the complexity of the estate, the process can take several months or even years to complete. However, with the help of a skilled probate lawyer, it can be smoother and less stressful.
What Does a Probate Lawyer Do?
A probate lawyer is an attorney who specializes in helping clients navigate the probate process. Their role may include:
Filing the necessary paperwork: This includes submitting the will to the probate court, if one exists, and applying for the appointment of an executor or administrator.
Guiding the executor or administrator: A probate lawyer assists the executor or administrator in fulfilling their duties, such as gathering assets, paying debts, and distributing the estate to beneficiaries.
Handling probate disputes: A probate lawyer can represent your interests in court if disputes arise during probate, such as contesting a will or disagreements among beneficiaries.
Advising on tax matters: Probate lawyers also help clients understand the tax implications of estate administration, including estate taxes and inheritance taxes.
At Douglass & Runger, our probate attorneys provide comprehensive support throughout the probate process, helping you manage your responsibilities and avoid potential pitfalls.
Tennessee Probate Law: The Basics
Probate law varies from state to state, so it’s important to understand how probate works, specifically in Tennessee. Here are some key aspects of Tennessee probate law that you should know:
Probate Is Required with or Without a Will: Whether your loved one passed away with a valid will or without one (intestate), probate is typically required in Tennessee to administer the estate. The court will ensure that debts are paid and assets are distributed either according to the will or, in the absence of a will, according to Tennessee’s intestacy laws. You can, however, avoid probate altogether by implementing estate planning strategies such as a Revocable Living Trust or Irrevocable Trust (internal link)
Executor vs. Administrator: If there is a will, the court will appoint the executor named in the will to manage the estate. The court will appoint an administrator to perform the same duties if there is no will.
Simplified Probate for Small Estates: Tennessee offers a simplified probate process for small estates. If the estate’s total value is less than $50,000 (excluding real estate), a small estate affidavit can be filed, simplifying and speeding up the probate process.
Tennessee Probate with No Will (Intestate Succession): When someone dies without a will, Tennessee’s intestate succession laws determine how their assets are distributed. Typically, the estate is divided among the closest living relatives, such as a spouse, children, or parents. The estate may escheat (revert) to the state if no relatives are found.
Navigating these laws can be challenging, especially during a time of grief. The experienced probate attorneys at Douglass & Runger can help you understand your rights and responsibilities, ensuring that your loved one’s estate is handled according to Tennessee law.
Probate Law and Wills
A will is a legal document outlining how a person’s assets should be distributed after death. During probate, the court will verify the validity of the will and ensure the will meets all of the requirements of a valid will in Tennessee (internal link to requirements for valid Will) and that all of the provisions in the will are followed. Here are some key points about probate law and wills:
Validity of a Will: To be considered valid under Tennessee law, a will must be written, signed by the person making it (the testator), and witnessed by at least two individuals. During probate, the court will confirm that the will meets these requirements.
Executor’s Role: The executor is responsible for carrying out the instructions in the will. This includes gathering the deceased’s assets, paying off any debts, and distributing the remaining assets to the beneficiaries named in the will.
Contesting a Will: If someone believes that a will is invalid—perhaps due to undue influence, lack of mental capacity, or improper execution—they can contest the will during probate. These disputes can be complex and emotionally charged, so working with an experienced probate attorney is important if you’re facing a contested will.
Trust and Probate Law
Trusts are a valuable estate planning tool that can help avoid probate. Unlike wills, assets placed in a trust are not subject to probate, allowing for a quicker and more private transfer of assets after death. However, trusts can still intersect with probate law in certain situations.
Revocable vs. Irrevocable Trusts: A revocable trust can be changed or revoked by the grantor (the person who created the trust) during their lifetime. Upon the grantor’s death, the assets in the trust are distributed to the beneficiaries without going through probate. On the other hand, an irrevocable trust cannot be changed once it is created, and probate cannot be avoided.
Trust Administration: Though trusts avoid probate, they still require administration after the grantor’s death. The trustee, who is appointed to manage the trust, is responsible for distributing assets according to the trust’s terms. In some cases, probate courts may still be involved if disputes or legal challenges relate to the trust.
At Douglass & Runger, we can help you understand how trusts work with probate law and assist you in creating a comprehensive estate plan that meets your needs.
Probate Family Law
Probate law often intersects with family law, especially when it comes to distributing assets among family members. Disputes over inheritance, guardianship of minor children, or the management of family businesses can all arise during probate. Family law and Probate law often come together in the following situations:
Family Disputes: The probate court handles disputes among family members over inheritance, including cases where a will is contested or when heirs disagree on how assets should be divided. These disputes can be emotionally charged, making it important to have a probate lawyer to help mediate and resolve the conflict.
Guardianship of Minor Children: If a deceased parent did not appoint a guardian for their minor children in their will, the probate court will determine guardianship during the probate process. This critical decision impacts the children’s future, and probate attorneys can help navigate this sensitive issue.
Probate Administration
The administration of a probate estate involves several steps, including gathering the deceased’s assets, paying off debts, and distributing the remaining assets to the rightful heirs or beneficiaries. The probate court oversees this process to ensure that everything is done legally and according to the deceased’s wishes.
Responsibilities of Executors and Administrators: Executors (if there is a will) and administrators (if there is no will) are responsible for managing the estate throughout the probate process. This includes inventorying the estate’s assets, notifying creditors, paying debts and taxes, and distributing assets.
Handling Debts: One of the primary tasks in probate administration is settling the deceased’s debts. Creditors must be notified, and valid debts must be paid before any assets can be distributed to beneficiaries.
Distributing Assets: Once all debts have been settled, the executor or administrator is responsible for distributing the remaining assets to the heirs or beneficiaries. This must be done according to the terms of the will or, if there is no will, according to Tennessee’s intestate succession laws.
At Douglass & Runger, our probate attorneys are skilled in all aspects of probate administration. We’re here to guide you through the process, ensuring that your loved one’s estate is managed efficiently and fairly.
