Probate Of Estates
The probate process is a critical step in ensuring that a loved one’s final wishes are honored, debts are settled, and assets are distributed according to Tennessee law. At Kane & Crowell, PLLC, we guide families through every stage of probate with professionalism, clarity, and compassion. Our attorneys handle probate cases throughout Wilson, Smith, Trousdale, Macon, Jackson, DeKalb, Sumner, Rutherford, and Davidson counties, serving clients in communities like Lebanon, Mt. Juliet, Watertown, Carthage, Gordonsville, Trousdale, Lafayette, Gallatin, Nashville and Murfreesboro, helping clients manage the legal and emotional complexities of estate administration.
Whether your loved one left a valid will or passed away without one, you can rely on our experienced team to help you understand your rights and responsibilities, protect estate assets, and ensure that the process moves forward as efficiently as possible.
What Is Probate?
Probate is the legal process through the courts used to settle an estate after someone passes away. It involves confirming the validity of a will (if one exists), identifying and valuing assets, paying any debts or taxes owed, and distributing the remaining property to heirs or beneficiaries. If there is no will, Tennessee’s intestate succession laws determine how assets are divided among surviving relatives.
Our firm guides executors and families through all stages of probate, ensuring compliance with court requirements and state regulations. We also help avoid unnecessary delays or disputes by providing clear, timely communication and dependable legal guidance.
The Probate Process in Tennessee
- Appointment of Executor or Administrator
The process begins when the court appoints an executor (if there is a will) or an administrator (if there is not). This person is responsible for managing and protecting the estate during the probate process. - Notification of Beneficiaries and Creditors
Beneficiaries named in the will, or legal heirs under Tennessee law, are notified about the estate proceedings. At the same time, a notice to creditors must be published in a local newspaper for four consecutive weeks, allowing creditors four months to submit claims. - Identification and Management of Assets
The executor must locate, inventory, and protect the decedent’s assets, which may include real estate, bank accounts, vehicles, and personal property. In some cases, assets may need to be sold to satisfy debts or taxes. - Review and Payment of Claims
All creditor claims must be reviewed and valid debts paid from estate funds. This step also includes paying final taxes and resolving any outstanding financial obligations. - Distribution of Remaining Assets
Once all claims, expenses, and taxes are paid, the remaining estate assets are distributed to the rightful beneficiaries according to the will or, in the absence of a will, under Tennessee’s intestate succession laws. - Closing the Estate
The final step is filing a comprehensive accounting with the probate court, unless waived by the Will or the Court. Once approved, the executor is released from their duties, and the estate is officially closed.
The complete probate process typically takes between five and sixteen months, depending on the estate’s size and complexity.
How Kane & Crowell Can Help
Probate can be overwhelming for families already coping with loss. Our attorneys provide full-service representation to help you manage the process efficiently and avoid costly mistakes. Services include:
- Preparing and filing all necessary court documents
- Handling all court appearances and filings
- Guiding executors and administrators through their legal duties
- Managing communications with creditors and beneficiaries
- Ensuring taxes and debts are properly handled
- Resolving disputes that may arise during administration
- Providing trusted advice on estate distribution and closure
With decades of experience in estate administration, our firm has built a reputation for professionalism, compassion, and results. We are dedicated to easing your burden while protecting your family’s interests.
Frequently Asked Questions About Probate
Assets owned solely by the deceased person without joint ownership or designated beneficiaries are subject to probate. These often include real estate, bank accounts, and investments.
The probate process generally takes five to sixteen months, depending on the estate’s complexity, disputes, and court scheduling.
Yes. The court may remove an executor who fails to perform their duties, acts dishonestly, or becomes unable to fulfill their responsibilities.
When there is no will, Tennessee’s intestate succession laws determine who inherits the estate, typically beginning with the surviving spouse and children.
No. Estate debts are paid from estate funds before distributions are made to beneficiaries. Beneficiaries are not personally liable for those debts.
Trusted Probate Attorneys Serving Middle Tennessee
At Kane & Crowell, PLLC, we are committed to guiding families with integrity and care through the probate process. Our attorneys combine in-depth legal knowledge with compassion for the families we serve. If you need assistance with estate administration or have questions about your role as an executor, we are ready to help.