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To officially nominate an estate executor, the Tennessee court will issue a letter to the chosen person that serves as evidence of their authority to handle the affairs of the deceased person's estate. This letter is known as a letter of testamentary.
Not all assets need to go through probate. 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."
In order to be appointed as an estate executor, an individual must be at least 18 years of age and a resident of Tennessee. Additionally, they must not have been convicted of a felony in any state.
In Tennessee, a person challenging a will must file a lawsuit with a court. If a person does not file his or her will contest lawsuit within the time required by the statute of limitations, in almost all cases, his or her will contest lawsuit will be forever barred.
In an intestate estate (where the deceased person died without a Will), the Court will appoint a personal representative to administer the estate.
The probate process can last anywhere from four months to a year or more. The length of time depends on a few factors. For example, if the deceased individual had unique and complex assets, such as real estate property that they owned in another state, that can complicate the situation and cause probate to take longer.
The estate will be divided between both parents if they're alive or pass in entirety to one survivor. If no parents are alive, the estate then passes to any siblings. The probate court will seek out the closest surviving cousins if no siblings exist.
In Tennessee, a state executor is an individual named in a deceased's will and appointed by the court to oversee the administration of a decedent's estate. The executor's role is to ensure that the decedent's debts are paid and that their assets are distributed in ance with their wishes.