Tennessee WILLS - Probate of Wills in Common Form (Probate)
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FAQ
Only assets that the deceased person owned in his or her own name, alone, must go through probate. All other assets pass to new owners without oversight from the probate court. Assets that go through probate make up what's called the "probate estate."
Does Tennessee Law Require Probate? Yes, probate is a requirement for estates in Tennessee. This is the method used to distribute the assets to the heirs and ensure the will is followed.
Tennessee probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
Probate in Tennessee can take anywhere from six to twelve months.
What is probate in Tennessee? Probate is a legal process that validates the last will and testament of a person who has died, appoints an executor (if one is not named in the will) and oversees the distribution of assets outlined in the will.
Common form probate is used when the situation is relatively straightforward and a contest of the Will is not anticipated. Solemn form probate is advised when a Will may be contested or challenged or for special circumstances as recommended by an attorney.
How long probate takes in Tennessee varies from estate to estate. Generally, this can take anywhere from six months to a year. Following the deceased's passing, the executor has 60 days to turn in an inventory of the deceased's assets that need to go through probate.
Does Tennessee Law Require Probate? Yes, probate is a requirement for estates in Tennessee. This is the method used to distribute the assets to the heirs and ensure the will is followed. In some cases, it is possible to avoid probate, especially if you utilize estate planning.