When a loved one passes away, managing their estate and dealing with the probate process can feel overwhelming. Probate is a legal process through a court that may be required to ensure a decedent’s assets are properly distributed and their debts settled. While it can be complex, knowing how probate works in Tennessee makes it easier to navigate.
What Is Probate?
Probate is the court-overseen procedure used to manage a deceased person's estate. It gives an individual, often a spouse or family member, the authority to:
Gather and manage the deceased’s assets.
Pay off any outstanding debts and taxes.
Transfer the remaining assets to rightful heirs or beneficiaries.
How Long Does Probate Take in Tennessee?
Typically, probate in Tennessee takes six months to a year. Certain circumstances, such as disputes over a will or complex assets, can extend this timeline. However, most estates follow a straightforward path.
When Is Probate Required?
Not all assets need to go through probate. Only those owned solely by the deceased in their name are subject to probate. These assets make up the "probate estate."
Assets that avoid probate include:
Jointly Owned Property: Real estate or bank accounts held in joint tenancy or tenancy by the entirety automatically transfer to the surviving owner.
Payable-on-Death Accounts: Bank accounts or securities with named beneficiaries pass directly to them.
Life Insurance Proceeds: Policies with designated beneficiaries bypass probate.
Retirement Accounts: Funds in 401(k)s or IRAs with named beneficiaries are transferred directly.
Living Trusts: Assets placed in a living trust are distributed by the trustee without court involvement.
The Tennessee Probate Process
1. Filing a Petition in Court
If the deceased left a will, the executor named in the document files it with the county probate court. The court then issues "letters testamentary," authorizing the executor to manage the estate. This may or may not require an appearance in court with a judge to open the estate.
If there is no will, a family member can request to serve as the administrator, and the court will issue "letters of administration."
2. Notifying Creditors
The personal representative must identify creditors using the deceased’s financial records. The court also requires a public notice of death to be published in a local newspaper. Creditors then have four to 12 months to make claims.
3. Inventorying the Estate
Within 60 days of appointment, the personal representative must prepare an inventory of all assets subject to probate. This list excludes items such as jointly owned property or POD accounts.
4. Resolving Claims and Debts
The representative uses estate funds to pay legitimate claims and any outstanding taxes. This includes filing the deceased’s final state and federal income tax returns, which are usually due by April 15 of the year following their death.
5. Distributing Assets
After settling debts and taxes, the remaining assets are distributed according to the will or, if no will exists, Tennessee’s intestacy laws. The court will then require a process to close the estate with the court.
Proving a Will in Tennessee
The court validates the will by reviewing its execution. If the will was signed in front of two witnesses, only one witness may need to testify or provide a sworn statement.
If the will is handwritten (a "holographic will"), two individuals must confirm that the handwriting matches the deceased.
Tennessee Intestate Succession Laws
If someone dies without a valid will in Tennessee (known as dying "intestate"), state law determines who inherits the estate. The distribution follows a specific order based on surviving family members:
If the Deceased Was Married
Spouse and Children: If there are surviving children, the spouse and children share the estate equally, with the spouse receiving at least 1/3
Spouse Only (No Children): The spouse inherits the entire estate
Children Only (No Spouse): Children inherit the entire estate equally
If the Deceased Was Not Married
Children: Inherit everything equally
No Children: The estate passes in the following order:
Parents
Siblings (or their descendants)
Grandparents or their descendants (aunts/uncles, then cousins)
Important Considerations:
Adopted children have the same inheritance rights as biological children.
Stepchildren do not inherit unless legally adopted.
Half-siblings inherit equally with full siblings.
Posthumous children (conceived before death but born after) have equal inheritance rights.
A surviving spouse's share is in addition to other statutory rights, including:
Elective share
Year's support allowance
Homestead rights
Exempt property
This distribution pattern emphasizes the importance of having a will to ensure your assets are distributed according to your wishes rather than state law.
Additional Considerations for Tennessee Probate
Ancillary Probate: If the deceased owned real estate in another state, a separate probate proceeding may be required in that state.
Medicaid Claims: The personal representative must request a release from TennCare, Tennessee’s Medicaid agency, to ensure the state won't seek reimbursement from the estate.
Taxes on the Estate
Federal Estate Tax: This applies only to estates worth more than $13.61 million in 2024, affecting less than 1% of estates nationwide.
Tennessee Estate Tax: Tennessee no longer imposes an estate tax; it was eliminated as of January 1, 2016.
Avoiding the Probate Process with Proper Planning
Proper estate planning can help your loved ones avoid unnecessary complications. Tools like living trusts, joint ownership, and beneficiary designations ensure assets transfer smoothly without probate oversight.
Reasons to Consider Avoiding Probate:
While probate serves an important purpose, many families choose to avoid it by creating a living trust. Here are compelling reasons to consider this strategy:
Privacy Protection: Unlike probate, which creates public records, a trust keeps your family's financial matters private. Court documents, including asset inventories and distributions, are available to anyone who requests them during probate.
Cost Savings: Probate involves court fees, attorney fees, executor fees, and other expenses that can consume 3-7% of your estate's value. While creating a trust has upfront costs, it often saves money in the long run.
Time Efficiency: As mentioned earlier, probate typically takes 6-12 months in Tennessee. A properly funded trust can distribute assets to beneficiaries within weeks of death, providing quicker access to needed resources.
Flexibility During Incapacity: A trust can provide seamless management of your assets if you become incapacitated, whereas probate only deals with assets after death. Your successor trustee can step in to handle your affairs without court intervention.
Multi-State Property Management: If you own property in multiple states, a trust helps avoid ancillary probate proceedings in each state where you own real estate, simplifying administration for your loved ones.
Reduced Family Conflict: Clear trust provisions and avoiding the stress of probate can help prevent family disputes. The private nature of trust administration often leads to fewer challenges than public probate proceedings.
Continuous Access to Assets: Trust assets remain available to beneficiaries without interruption. During probate, access to assets may be restricted until the court grants authority to the executor.
Partner with an Experienced Tennessee Probate Attorney
Managing an estate can be challenging, but you don’t have to face it alone. An experienced probate attorney can help you navigate the process, resolve disputes, and ensure compliance with Tennessee law. Contact our office today to schedule a consultation and let us provide clarity and peace of mind during this difficult time.
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