Losing a loved one can be a devastating experience, and dealing with the legal aftermath can add an extra layer of stress. One common concern that many people have after a loved one’s passing is whether or not they’ll have to go through the probate process. 

Probate can be a lengthy and expensive process, so it’s natural to wonder if there’s a way to avoid it. One question that often comes up is whether having a will can help someone skip probate altogether. Here’s a closer look at the probate requirements in Tennessee.

A will doesn’t eliminate probate, but it helps make the process smoother and more efficient. Probate ensures debts are paid and assets are distributed according to a person’s wishes or state law. Trusts can sometimes avoid probate altogether. Johnson, Murrell & Associates can guide you through probate, tailored wills, and trusts.

In Tennessee, Does a Will Avoid Probate?

In Tennessee, probate is generally necessary if someone passes away with assets or property in their name. The presence of a will doesn’t negate the necessity of probate, although it does speed up the process and make it more straightforward. While a will isn’t required for probate, it’s an important component of estate planning.

A will identifies how the assets will be distributed and protects those assets so they’re properly distributed after a person’s passing. If no will is present, state law determines who receives the assets. If the decedent had children, the will can express their wishes as to who the children’s guardians are.

The presence of a will alters the state-appointed probate process. The will determines who represents your estate and carries out your wishes rather than the court choosing a third party. 

What Is the Purpose of Probate?

Probate is the legal process a court uses to wrap up a person’s financial affairs after death. The purpose of probate is to ensure that the deceased person’s debts are paid and their assets are distributed according to the will (or according to state law if there is no will). A family member or other representative typically files the will and a copy of the death certificate with the court to start the court process. If the deceased person has a will, it must be filed with the court, and the executor named in the will becomes responsible for managing the estate during probate. An administrator will be appointed by the court if there is no named executor. During probate, the executor identifies probate assets, pays valid debts and expenses, and then distributes what remains to heirs and beneficiaries, which can vary depending on state law.

How Trusts Can Eliminate the Need for Probate

A revocable living trust is an estate planning tool where a person (the grantor) transfers ownership of assets to a trust they control during their lifetime. This includes instructions for what happens at death. Because the trust, not the individual, legally owns those probate assets, they usually do not need to go through the court-supervised probate process. 

When the grantor dies, the successor trustee distributes trust assets directly to the named beneficiaries. This is often done more quickly, privately, and with fewer procedural steps than probate. Unlike a will, which becomes part of the public record during probate, a revocable living trust generally keeps distributions and asset values confidential. 

Trust administration can also reduce court costs and attorney fees, though there are upfront costs to create and maintain the trust. Proper “funding” is critical: Assets must actually be retitled into the trust or coordinated with it, including accounts and life insurance or retirement accounts where beneficiaries designating the trust may be appropriate. 

If significant assets remain outside the trust, probate may still be required to transfer those assets.

Are There Instances When Probate Isn’t Required?

There are some exceptions to the general rule that probate is required in Tennessee. These exceptions include:

• The estate is worth less than $50,000
• The decedent did not own real estate
• No petition for an appointment of a personal representative has been filed

A Small Estate Affidavit

In Tennessee, an estate is considered a small estate if it is worth less than $50,000 and there is no real property. In this case, heirs can file a small estate affidavit with the probate court, which is a simpler and less expensive process than regular probate.

A small estate affidavit can be filed if:

• The deceased didn’t own any real property
• Their estate is valued at less than $50,000
• No appointment of a personal representative has been filed
• 45 days have passed since the decedent’s death

When we say “an estate valued at less than $50,000,” we really mean all the assets that make up that estate.  This includes property as well as less obvious belongings, including:

• Bank accounts
• Stocks
• Bonds
• Personal belongings

For other smaller estates valued at less than $15,000, the law allows direct transference of those assets without probate in some instances. This assumes the deceased didn’t own any real property. 

Additionally, if the deceased person held assets in a trust, those assets may be able to bypass probate and be distributed directly to the beneficiaries named in the trust.

Choose Johnson, Murrell & Associates for Your Estate Planning and Probate Needs

Having a will does not avoid probate, but it does make the process smoother. At Johnson, Murrell & Associates, we‘re prepared to handle everything from filing the will to administering the estate so your loved one’s wishes are honored.

Johnson, Murrell & Associates has decades of experience in Tennessee estate planning with a focused probate practice. This allows us to provide knowledgeable guidance at every stage of the process. Our team also helps you plan ahead with trusts, wills, and updated beneficiary designations so your estate plan truly reflects your goals and complies with Tennessee law. 

Working with a local estate planning attorney at Johnson, Murrell & Associates ensures a strategy tailored to your needs, county procedures, and state statutes, easing stress during an already difficult time.

While a will doesn’t avoid probate, it streamlines the process and ensures assets are distributed properly after debts are settled. Trusts can sometimes bypass probate entirely. Johnson, Murrell & Associates provides expert guidance through every step of probate and helps you create customized wills and trusts for your estate plan.

At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the probate process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.