The probate process can feel overwhelming, with many steps to complete before an estate’s assets can be distributed. On the other hand, it can also be oversimplified into simply depositing the will and then handing out belongings. Having an objective guide can help you navigate this difficult time with as little stress as possible.

The probate process in Tennessee begins as soon as a death certificate, will, and petition are filed at the probate clerk’s office. The probate clerk then publishes a notice to creditors about the death. The lawyer, executor, or personal representative then notifies any known creditors. 

The executor or personal representative then pays any remaining debt and taxes with the money from the estate. Finally, assets are distributed to the beneficiaries, and the probate process is concluded.

What is Probate?

The court-supervised probate process begins with the will. If a will is present, the executor deposits it at the probate clerk’s office. It must be the probate clerk in the county where the deceased lived. If there isn’t a will, someone in the family must be court-appointed as an administrator. 

The administrator files the death certificate and petition with the probate clerk’s office. Then, the executor or administrator carries out the will, including paying taxes and debts using estate funds. After that, they distribute the remaining assets to the beneficiaries.

That’s an extremely broad overview, which is why we have outlined each step of the probate process below with its specific nuances.

1. The executor deposits the will and death certificate at the probate clerk’s office where the deceased lived and files a petition, typically a petition for probate.
2. The executor is issued letters testamentary, allowing them to access and take control of estate assets.
   1. If there is no will, a family member can request to be appointed administrator.
   2. If the court approves the administrator’s request, they are issued letters of administration.The representative (executor or administrator) obtains a taxpayer ID number from the IRS to open a checking account for the estate.
3. The representative (executor or administrator) obtains a taxpayer ID number from the IRS to open a checking account for the estate.
4. The court affirms the will as valid and enforceable.
5. The local probate clerk publishes a notice of death to notify creditors.
   1. Creditors who receive actual notice of their right to file a claim have 60 days from the date of receiving direct written notice from the date of publication to file a claim against the estate. 
   2. Creditors who do not receive actual notice have up to one year from the date the person died to file a claim against the estate.
6. The representative takes an inventory of the estate’s assets unless the will waives this requirement or all heirs and beneficiaries waive this requirement.
7. Notice is given to the Bureau of TennCare to determine if the decedent received benefits from the state.
8. The representative pays off any remaining debts and taxes with funds from the estate.
9. The representative distributes the remaining assets to the beneficiaries, including a deed to any real property passing via the estate.

What Representatives Must Do Within 60 Days of Appointment

There aren’t hard deadlines for closing out the probate process in Tennessee. As long as the executor can prove progress is being made, the estate can stay open. However, there are certain actions the executor should accomplish within 60 days of being appointed to keep the process moving and to avoid being removed as executor or personal representative. 

Within 60 days of being appointed, the administrator or executor of the estate should:

• Provide an inventory of the deceased’s assets.
  • This isn’t required if the will states otherwise or all the beneficiaries agree that it isn’t necessary.
• Notify people who are beneficiaries.
• File a TennCare Request for Release to avoid paying reimbursements from the estate for the decedent’s nursing home or home care.

If the decedent owned property in another state, it may be necessary to file probate in that state as well (ancillary probate). This method of estate administration transfers the out-of-state property to the beneficiaries. 

Avoiding probate in this instance can be accomplished if the property is titled so that it goes directly to beneficiaries. This must be done before the owner of the property dies.

Personal representatives are required to share certain details about probate administration with beneficiaries. This includes:

• The inventory of estate assets
• Accounting of expenses paid for the estate and monies collected

Beneficiaries have a few different options if they feel that no progress on the estate has been made. This is also the case if the executor hasn’t communicated any information to them.

Beneficiaries can:

• Make a formal demand for action
• Petition the court to force the executor into action
• Ask for a report of actions taken by the executor
• Petition the court to remove and replace the executor

A lawyer may be necessary if the executor isn’t fulfilling their role or keeping information from the beneficiaries. They can move the probate process forward by taking legal action and informing you of your rights. They can even help petition the court to have the personal representative or executor removed from their role.

Do I Have to Go Through the Probate Process in Tennessee?

The probate process is necessary in order to officially distribute assets from the deceased to the proper parties. Many people opt to hire a probate attorney because of how complex and time-consuming certain cases can become. Many jurisdictions even require you to have an attorney to administer an estate during a probate proceeding.

Probate can become more complex in cases where:

• The deceased owns real estate in another state (ancillary probate)
• No will is present (intestate)
• Tense family relations exist 
• Assets are unique and difficult to divide, such as heirlooms or vehicles
• If there are competing versions of the will
• If there are disputed claims against the estate

Any one of these variables can lengthen the probate process. Even with a standard probate case, the steps can be time-consuming. An experienced probate attorney knows the complexities of each case and can carry the burden during a difficult time.

For example, if an estate is worth less than $50,000 and there is no real property, then it’s considered a “small estate.” Small estates are eligible for a simplified probate process, which can make the process quicker.

If the estate qualifies as a small estate, the representative must provide:

• An affidavit outlining the estate’s debts and assets, signed by all beneficiaries
• A death certificate

The process of applying for a small estate has evolved due to recent changes in Tennessee Code § 30-4-101. The requirements for applying for a small estate may vary depending on which county the decedent lived in. Be sure to check the specific requirements for that county to avoid complications.

The court will issue an order appointing a limited representative to collect the assets outlined in the affidavit. They then distribute them to the persons entitled to receive them.

When Is Probate Necessary?

The probate process is necessary when:

• Assets are owned solely by the deceased
• Assets with co-ownership
• Predeceased beneficiaries or no designated beneficiaries exist
• No will is present
• A valid will is present

Assets Are Owned Solely by the Deceased

Some assets are solely owned in the name of the deceased. Since there are no joint owners, probate is necessary in order to transfer the asset to the beneficiary. 

Assets with Co-Ownership

There are two ways for an estate asset to be considered shared ownership. These include:

• Tenancy in common, or TIC
  • In order for the beneficiary to own the property, it will have to go to probate court.
  • To avoid this from occurring,
    • The asset can be retitled into the deceased’s trust
    • Rights of survivorship can be granted
    • Money or assets can be placed in an accounts payable upon death account
• Tenancy by entirety, or TBE
  • This is shared ownership through a marital relationship and grants ownership of the estate asset to the surviving spouse

Predeceased Beneficiaries or No Designated Beneficiaries Exist

When beneficiaries die before they can inherit anything, they’re considered predeceased beneficiaries. In this scenario, assets that were going to the deceased beneficiary must go through probate. This allows them to be transferred to other beneficiaries. The same holds true when no designated beneficiaries are listed in the will.

No Will is Present

When someone dies without a legal will, it’s known as intestate. If someone dies intestate, the probate process is necessary to determine who will receive the assets from the estate. Tennessee law outlines the designated order of beneficiaries when no will is present.

If no will is present, assets will be distributed in the following order:

1. Spouse, if there are no children
2. Spouse and children, if there are children
3. Parents
4. Siblings
5. Nieces or nephews
6. Cousins

If there is a living spouse and no children, then the spouse inherits the entire estate.

If there is no surviving spouse but living children, then the children equally inherit the estate.

If both the spouse and children are alive, then the spouse inherits one-third of the estate or a child’s equal share. The amount they receive is determined by whichever is greater— one-third of the estate or a child’s equal share. The children receive an equal share of the remaining estate.

A Valid Will is Present

Even when a will is valid, the probate process is still necessary to officially transfer ownership of an estate or asset to another person. The probate court must still ensure assets are distributed to the beneficiaries outlined in the will and that all debts and taxes are paid.

What Assets Go Through Probate?

In Tennessee, any asset in the name of the deceased should go through probate. 

However, there are exceptions, such as:

• When there are two people on the deed
  • The remaining living person on the deed would receive the asset if they’re husband and wife or a joint tenant with rights of survivorship.
• When an asset has a named beneficiary
  • The asset typically goes straight to the beneficiary without needing probate.
• When there is a living trust
  • The asset typically goes straight to the beneficiary without needing probate

Everything from bank accounts to personal property must go through the probate process. Taking inventory of all the assets can be extremely overwhelming. The inventory is a standard requirement unless waived by the will or by the unanimous consent of the beneficiaries.

Johnson, Murrell, & Associates can help you through this process. It can be confusing and stressful to figure out the complexities of probate. Our job is to make your life easier, which means guiding you through the entire process.

How Long Does Probate Take?

The length of the probate process varies depending on how complex the estate, assets, and family dynamics are. Under normal circumstances, probate can take anywhere from six months to a year. 

Difficult family dynamics can cause the will to be contested, elongating the process. If the administrator is doing probate without assistance, the process will take longer.

How Long Does Probate Take Without a Will?

If there is no will, the court will need to appoint a personal representative. It can take time to find a personal representative. People can turn down the job. Additionally, if a beneficiary makes additional claims to the estate, it will add more time.

Professional probate assistance can simplify complex cases and streamline the entire probate process. 

A probate lawyer:

• Files the required documents
•  Manages debt claims filed against the estate and the order of payment of debts
• Notifies creditors

The lawyers at Johnson, Murrell & Associates have over four decades of experience in the probate process. We understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Let us take care of administering their estate and probating their will so it goes into effect, upholding their wishes.

How Much Do Probate Lawyers Cost in Tennessee?

Having a lawyer to help you with every step of the probate process sounds great, but then you start to think about how expensive it could be. The nice thing about probate lawyers is that they can be paid out of the estate’s funds.

The cost varies depending on the:

• Size of the estate
• Value of the estate
• Complexity of the estate
• Beneficiaries’ claims or disputes

Some firms charge by the hour, while other firms charge a flat rate. Percentage-based fees are uncommon and must be reasonable. If an estate is bigger and more complex, it will be more expensive than a small, simple estate. Attorney fees vary depending on the firm you choose.

There are also fees outside of a lawyer, including:

• Appraisal fees
• Accounting fees
• Taxes
• Court costs
• Executor & Personal Representative Fees

Appraisal Fees

The estate and its assets may need to be appraised after an inventory of the estate is taken. Many people don’t have the capacity to appraise all of the estate’s belongings, so they hire professional assistance. 

Accounting Fees

If the estate is simple, you may be able to manage the finances on your own. For more complex estates, you’ll probably want to hire an accountant to handle the estate’s finances. 

Accountants can help you:

• Prepare and file estate tax returns
• Manage stocks and investment accounts

Taxes

There is no inheritance tax in the state of Tennessee and most estates will not owe federal inheritance taxes. Income taxes, as well as any other taxes, must be paid off along with all other debts before the assets can be divided among the beneficiaries. These taxes are paid out of the estate instead of the executor being personally responsible for them.

Court Costs

Court fees typically cost $100-$600 depending on the county. To learn the exact court fee, you can call the probate or chancery court in the county where the deceased lived.

Executor & Personal Representative Fees

In Tennessee, executors and personal representatives can be paid for the role out of the estate’s funds. Unless otherwise specified in the will, the probate court determines a reasonable amount.

Do I Need a Probate Lawyer?

Some jurisdictions allow you to do probate on your own, but it’s not recommended. The probate process is time-consuming and complex.

Hiring a probate lawyer assures you that an experienced professional is taking care of the estate. You shouldn’t have to solve probate intricacies or comb through every debt owed on your deceased loved one’s estate. A probate lawyer can carry that burden for you.

They can help you:

• Navigate the legal process
• Represent you in probate court
• Notify creditors
• Negotiate with creditors
• Handle beneficiary disputes
• Pay off bills
• Submit paperwork
• Avoid making mistakes

Contact Johnson, Murrell & Associates for Your Tennessee Probate Questions

Johnson, Murrell & Associates brings decades of Tennessee probate experience. They provide guidance during the process, protecting your rights and reducing the burden.

Since 1976, the firm has provided top-tier probate assistance throughout Tennessee, including:

• Blount County
• Sevier County
• Knox County
• Hamilton County
• Sullivan County
• Washington County

Our team is known for explaining each step, reducing delays and errors, and helping families move forward with confidence.

The probate process in Tennessee begins once key documents are filed with the probate clerk’s office. After filing, the clerk issues a public notice to alert potential creditors. The executor, personal representative, or attorney directly notifies any known creditors.

Next, the executor or personal representative uses estate funds to settle outstanding debts and taxes. The remaining assets are distributed to the designated beneficiaries according to the will or state law. With these final steps completed, the probate process is officially closed.

At Johnson, Murrell & Associates, we understand what you’re going through. Managing a loved one’s estate and bills after their passing is never easy. 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 865-453-1091 or schedule an appointment.