Tennessee Wills With Without Probate
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FAQ
Tennessee law does not give a deadline for submitting a will to probate after someone dies. However, if a will is not submitted to probate, the court will treat the decedent's estate as if a will never existed. The decedent's property gets distributed ing to Tennessee's laws of intestate succession.
Tennessee law requires testators to be 18 and of sound mind, while two or more witnesses must sign the will to make it valid. The state also accepts nuncupative (oral) wills under certain conditions, and holographic (handwritten) wills also are valid. 32-1-102, et seq.
Do I Need a Lawyer to Make a Will in Tennessee? No. You can make your own will in Tennessee, using Nolo's Quicken WillMaker. However, you may want to consult a lawyer in some situations.
Some assets are transferred directly without having to go through the probate process. These include: Assets with joint ownership. This includes real estate property, bank accounts, brokerage accounts, and other assets that are owned by two or more people.
Having a Will does not mean that you can avoid probate. The court must first determine that it is in fact a validly executed Will. Then they will give authority to the designated executor or choose an executor. That kickstarts the Will.