Caring Attorneys Assisting You With The Tennessee Probate Process
The legal and financial aftermath of a loved one’s passing is an emotional process. Settling an estate requires careful attention to detail and a thorough understanding of state laws to distribute assets correctly. At Kuebler & Associates, PLLC, our attorneys assist families with the legal process of transferring assets to beneficiaries. Our Chattanooga probate lawyers help settle estates. With decades of collective experience, our attorneys put the needs of personal representatives and their families first.
How Probate Works In Tennessee
A local court oversees the distribution of the estate of a person who has died. When someone passes away with a valid will, the court formally approves the executor named in the document. If a person dies without a will, the judge appoints an administrator to manage the estate. In rare cases where a person leaves no will and has no living heirs, the state claims the property.
What Is A Will Contest?
Sometimes, an interested party files a lawsuit claiming a will lacks legal validity. This civil litigation proceeding forces the proponent of the document to defend it against the challenger. Our civil litigation attorneys represent clients on both sides of these disputes. We work to prove or challenge the validity of the document under the law.
Probate In Tennessee: Step-By-Step Overview
Knowing the legal timeline helps you prepare for the court process. The Tennessee probate process involves these steps:
- Filing the will and a petition to open the estate
- Getting court approval to act as the executor or administrator through letters testamentary or letters of administration
- Sending formal notice to heirs, beneficiaries and creditors
- Finding and valuing estate assets to build the inventory
- Paying valid claims, debts and court costs
- Filing final tax returns and paying required taxes
- Handing out the remaining assets and closing the estate
If you are designated as a personal representative, you are expected to pay close attention to detail during each phase. You are also required to meet all state deadlines to avoid delays.
Duties Of A Personal Representative In Tennessee
Many people feel unsure when a judge names them as an executor or administrator. As a personal representative, you are required to manage the estate from start to finish. First, you file the initial petition in Hamilton County or your local probate court. After you open the estate, you need to notify all known creditors. Unless the court waives the rule, you also need to build a complete inventory of all property. Next, the administrator or executor pays final debts and settles any taxes. Finally, you give the remaining property to the rightful heirs.
Assets That May Avoid Probate In Tennessee
Not all property needs a judge’s approval before it transfers to a new owner. You may bypass the probate system with several types of assets:
- Real estate titled as a joint tenancy with survivorship rights
- Financial accounts that include payable on death (POD) or transfer on death (TOD) instructions
- Retirement accounts and life insurance policies with designated beneficiaries
- Property held inside a properly funded trust
These nonprobate assets pass directly to the right people. The transfer follows the rules of the specific contract, beneficiary designation or deed terms.
Seek Guidance From Our Chattanooga Probate Lawyers
Whether simply probating a will or challenging it, Kuebler & Associates, PLLC, is prepared to help during this very difficult time. You can reach our Chattanooga office at 423-822-5915 or contact us through our online form.