Trust us—if we could snap our fingers and complete the probate process in a day, we would. But the reality is that probate proceedings are often longer than people expect. One of the biggest questions we get is, “How long does probate take?” There’s no clear answer, but we will walk you through the required steps for probate and outline some time estimates for probate in Chattanooga, TN.
Under normal circumstances, probate typically takes six months to a year. The probate process lengthens if there are unique or complex assets, complicated family dynamics, or no will present. Any one of these scenarios can add several months to the process, especially if a will is contested.
How Long Does It Take to Probate a Will?
Probate can take six months to a year depending on the situation. If assets are complex and hard to divide, the process can take longer. Difficult family relations can also draw out the process, especially if the heirs or beneficiaries contest the will. In these scenarios especially, professional probate assistance will streamline the process and negate legal errors.
See how a probate attorney can help you.
The length of probate also depends on how quickly the executor moves through the steps. In Chattanooga and in Tennessee in general, there are laws on how long the executor or personal representative has to complete each step of probate. The timeline starts as soon as the executor is appointed.
Learn how long you have to file probate after a person passes.
Within 60 days of being appointed, the executor should:
- Notify known creditors of the death
- Notify the individuals who are beneficiaries or heirs
- Compile estate assets and submit them to the court
- This isn’t necessary if the will waives this requirement or the beneficiaries or heirs agree it’s not necessary
- Request release of debt from TN tax authorities and TennCare
In Hamilton County and all of Tennessee, creditors have one year from the date the deceased passed to make any claims against the estate. Beneficiaries or heirs have two years from the date the will was submitted to probate to contest the will.
Once the executor has completed the aforementioned actions, they must pay any debts and taxes that remain. After that, the executor is able to distribute assets to the appropriate beneficiaries, closing out the probate process.
How Long Does Probate Court Take?
Probate court supervises the execution of wills, including the management of the estate, guardianship, and conservatorship. Essentially, probate court is a quality assurance check, confirming that the will is executed properly.
Probate court responsibilities include:
- Validating the will
- Checking that debts of the estate are paid
- Verifying that assets are properly distributed
- Determining the beneficiaries if no will is in place according to Tennessee intestate laws
The duration of probate court can vary. This is due to the timing between steps and how long it takes the executor or personal representative to file certain documents.
The probate court process includes:
- Executor or family member of the deceased files a petition for probate
- Executor or family member of the deceased files will and a copy of the death certificate
- Appointment of an executor if there is a will or a personal representative if there isn’t one
- Overseeing the executor
- Approving the executor’s account of how the estate was handled
The probate court process begins when a person files a petition for probate and ends when the court approves the account the executor provides of how the estate was handled. It’s hard to give a definitive timeline of how long each step of the process would take, but it typically doesn’t outlast a year.
How Long Does Probate Take Without a Will?
Ideally, a will is present so the exact wishes of your loved one are upheld. However, that is not always the case. Without a will, the process will take longer because the court will need to appoint a personal representative or administrator. Once the personal representative has been appointed, the probate process resumes as it would if a will was present.
Rather than assets being distributed according to a will, assets are distributed according to Tennessee’s intestate succession laws.
For a complex situation like this, a probate attorney can make the administrator’s job much easier. A probate lawyer can advise you and help you make additional claims, as well as walk you through the entire process from filing a will to distributing assets.
Contact an experienced probate lawyer to help simplify and accelerate the process.
If there are unique or complex assets in the estate, such as complicated family dynamics among beneficiaries, or no will present, the probate process can become lengthy. With any of these variables, the process can take several months longer. Generally, probate takes six months to a year, but the timeline greatly depends on the factors outlined above.
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 process so you understand what’s to come. To schedule a consultation, call us at 865-453-9943 or schedule an appointment.
