Probate Of Estates
We find many clients have heard how the probate process can be time consuming and expensive. In other states, it often can be. In Wilson, Smith, Trousdale, Macon, Jackson, Dekalb, Sumner, Rutherford, Putnam, and Davidson counties, the process can be taken care of in four months. Fortunately, the cost is very reasonable.
To navigate the Probate of Estates, you must be informed. Our office guides you through the Probate Process, making sure you know what to do each step of the way. In addition to the various pleadings filed with the Probate Courts, a TennCare release must be obtained and filed. For example, if the Decedent’s date of death was less than one year from the case opening, a notice of passing must be published in a local newspaper. Since many pass away with debts, such as loans and medical bills, this publication is required as a way of notifying any creditors.
Also, consider you can’t deed or sell real estate you’ve inherited if the Estate hasn’t been properly handled. Do note you will need Tax Clearance letters and TennCare waivers. Furthermore, you must ensure the proper notices to creditors have run in the paper and have been mailed out.
Our Probate Attorneys can handle all of this for you. The Executor of the Estate is required to bring us the original Last Will & Testament. Once this has been provided your attorney can take care of almost everything. Typically, the Executor is required to make a one-time Court appearance. After that, unless there are problems with the estate, most Court appearances are handled without the Executor being present.
While it is a more complicated process, if you can’t find the Original Will, we have a process for proving the copy is the Last Will & Testament.
What if there isn’t a Will?
If there isn’t a Will, we still Probate the Estate. The Court will appoint an Administrator to serve in the same capacity as the Executor would have served. In cases without a Will, the estate is divided pursuant to Tennessee law. In this state, if you don’t prepare your own Will, the State of Tennessee basically prepares one for you. This will be done through the Laws of Intestate Succession. Preparing a Will is important, without one you may not like who ends up with your life’s earnings. Without a doubt, we urge everyone to look into preparing a Will. We can help, schedule a consultation with us today.