Probate/Trust Administration
If you're on this page, you probably have a lot of questions about the Probate Process. What is Probate? Do I need a Probate attorney? What is the Probate process? How to avoid probate?
If you are here to learn about probate in Tennessee after the passing of a loved one, we first want to say that we are deeply sorry for your loss. We hope that the information you find on this page will help simplify any legal and administrative steps during such a difficult time.
Probate in Tennessee is a court-supervised procedure that helps to ensure the legal transfer of assets from the deceased to the rightful heirs or beneficiaries. Probate in Tennessee may also be necessary to:
Prove the validity of the will
Appoint someone to manage the estate (the "administrator" if there is no will or the "executor" if there is one)
Inventory and appraise the estate property
Pay any debts or taxes (including estate taxes)
Distribute the property as direct by the will—or by the state law if there is no will
Probate FAQ
Our firm represents non-contested probate matters only. If you are seeking to dispute or contest a Will, or are in need of Probate & Estate Litigation services, unfortunately, that's outside of what we practice here at our firm.
Many residents in Tennessee have heard that probate is bad news. It tends to be very expensive, it's time-consuming, and it's also a public process.
The easiest way to avoid the probate process is to plan. However, if you are now in a situation where you must go through probate court to finalize the estate of a loved one, the best thing you can do is get educated and get help to complete the process as painlessly as possible.
Although any beneficiary or creditor can initiate probate, usually, the person named in the will as the Executor starts the process. They do so by filing the original will with the Court and filing a Petition with the probate court. Typically, if there is no will, a close relative of the decedent who expects to inherit from the estate will file the Petition.
If the decedent had a will, the person named in the will as the Executor will serve, if eligible. However, if that person is unable or unwilling to serve as Executor, or if there is no Will, any interested family member or person can petition the Court to be the administrator of the estate.
Being an Executor is a big responsibility. Tennessee's probate code contains pages upon pages of complex legal rules and procedures that an Executor must follow during the probate. Also, there are specific deadlines that an Executor must meet in filing papers with the Court. If an Executor violates any of these rules, they can be held personally liable for losses to the estate.
Tennessee law provides that the Executor gets paid a "reasonable fee" for the work that they put in. The Probate Court ultimately approves the fee.
In most cases, no. If your loved one's assets are owned in the name of a trust, the family should contact an experienced trust lawyer. We can complete the required paperwork and guide the loved ones through the process with ease without the need for court involvement.
Unfortunately, many people who have a trust think they are taken care of. But time and again, family members of a recently passed loved one come into our office, only to find out they are facing the frustration, expense, and delay of probate, even though the person they loved had a trust.
Often the trust was prepared many years ago and was never updated. Frequently, the trust was not regularly reviewed to ensure that assets remained titled correctly. That is why it is crucial that you carefully choose your estate planning attorney and periodically review your plan and assets so that the planning you do now works as planned later.
It's why we do things so much differently than most other lawyers and law firms.
Assets owned solely in the name of the deceased person are subject to probate. Assets that pass through title, such as real estate titled as "Joint Tenants with Right of Survivorship" or bank accounts titled as "Transfer On Death," are not subject to the probate process. Likewise, assets that pass using a beneficiary designation, such as life insurance or some retirement accounts, are also not subject to probate. However, in some situations, assets that would otherwise pass by title or beneficiary designation can be subject to the probate process. Talk to an attorney if you have questions about your specific situation.
If there is no will or trust, the estate will be distributed according to Tennessee probate and intestate laws, which state that a person's estate will generally be distributed in the following order:
- Spouse
- Children (and your children have no children)
- Parents (if you have no children)
- Siblings (if you have no children or parents)
The length of time of probate takes will depend on several factors. However, it usually takes a minimum of 6 months and can take up to two years or even longer for complex cases.
Getting Help: Choosing The Right Attorney For Your Probate Case
The best way to ensure your probate is done right is to choose your attorney wisely. Unfortunately, not all attorneys are created equally. Many lawyers only "dabble" in probate or trusts. Choosing the wrong lawyer can lead to delays and mishandling of an estate.
You also are not obligated to use the attorney who prepared the Will. Just because a particular attorney prepared the Will does not mean that attorney must handle the probate, nor are they necessarily the right person for the job. However, you should choose an attorney with whom you have comfort and confidence. Choosing your lawyer for probate and estate administration is one of the most important decisions you will make. The right lawyer will be an expert guide who will help you navigate the probate process.
Contact Linville Estate Law to help you navigate probate
If you are ready to get started with the probate process after the passing of a loved one, contact us to help determine what steps you should take. We are here in service to make this all as easy as possible.
Click the link below to schedule a complimentary 15-minute phone consultation with a member of our Client Services team. You can generally request a call for the same day or as soon as possible. In addition, you will learn more about working with us and get a few preliminary questions answered before connecting with a member of our Probate team.
The following step is an Estate Administration Review, where we will answer all of your questions about probate and guide you and your family through the process. We would be honored to help you administer your loved one's estate as quickly and efficiently as possible.
Probate Lawyer Franklin | Linville Estate Law
We Help You Protect What Matters Most
We help families answer questions about their future by being a trusted guide that:
Provides custom estate planning solutions like wills, trusts, and powers of attorneys.
Helps loved ones walk through the legal process after a family member passes away.
Helps guide the legal process of buying and selling real estate through title and escrow services.
Linville Estate Law 830 Crescent Centre Dr, Suite 320, Franklin, TN 37067
Phone Number: (615) 200-0791
Hours: Monday to Friday, 9:00 AM - 5:00 PM
Founded in 1799, this city named after Benjamin Franklin is one of the fastest-growing cities in the US. Carnton is the site of one of the bloodiest battles during the Civil War: The Battle of Franklin. Tour the historic Carter House, which bore witness to this momentous event.
After soaking up on history, it’s time to experience what Franklin has to offer. You can stay at the Dark Horse‘s Recording Studio, an Airbnb property that’s also the recording studio of Taylor Swift, Carrie Underwood, and Keith Urban. Catch the sunrise at Natchez Trace Parkway, and sip fine Tennessee whiskey at Leiper’s Fork Distillery. Catch open mic night at Puckett’s Grocery & Restaurant and watch local musicians perform.
Driving Directions to Franklin, TN from Columbia, TN:
Get on TN-396 E in Spring Hill
15 min (10.5 mi)
Take I-65 N to Cool Springs Blvd in Franklin. Take exit 68A from I-65 N
17 min (19.2 mi)
Continue on Cool Springs Blvd to Carothers Blvd. Turn right.
1 min (0.2 mi)
Continue on Carothers Blvd to Cresent Centre Drive. Turn right. Your destination is on the left, 830 Crescent Centre Drive.
1 min (0.2 mi)
Reviews:
Read on and see why Linville Estate Law is a highly recommended Franklin Probate & Estate Administration Lawfirm.
“I chose to work with Trent because he was able to save me over $100 in title fees when I was refinancing my house. What I didn’t expect was the professionalism, punctuality and genuine care for our transaction that we would experience during the closing. He truly wanted us to understand each part that we were signing with no hesitations. I would recommend Trent Linville for any service he offers. 10/10" - Mikayla Walker
“Through this process, Trent was one of the most genuine people in this industry that we worked with. He made the entire process very easy to understand and we were able to simply walk through all of the decisions we needed to make for our estate planning. Trent is possibly one of the nicest guys I have ever met and I knew once we began working on this process with him that we would be taken care of. I avoided this process for some time because it was overwhelming and seemed difficult but Trent showed us that this was way easier than what we had in mind and no matter what the scenario, our family would be taken care of. If there were an option for 10 stars, I would give that rating all day!” - John Beene
“Using Trent for our family’s future planning was one of the best and easiest decisions my family has ever made! During our first interaction, Trent made me feel confident, and, that he was committed to guiding me and my wife through the daunting task of ensuring our family would be well taken care of. I appreciate Trent’s attention to detail and his wealth of knowledge about Estate Planning, Wills, and Trusts, as well as his transparency about which of those suited our needs best.” - Stanley Vaughn
You may have found us by searching for some other common Estate Planning categories:
Franklin Probate & Estate Administration Lawyers
Estate Administration Attorneys in Franklin
Estate Planning, Wills & Probate Attorneys in Franklin
Franklin Estate Planning & Probate Attorney
Some other important pages:
Home
Estate Planning Attorney Nashville
Estate Planning Attorney Spring Hill
Estate Planning Attorney Columbia TN
Estate Planning Attorney Brentwood
Other cities near Franklin TN:
Brentwood, Spring Hill, La Vergne, Nashville, Smyrna, Columbia, Mount Juliet, Murfreesboro, Gallatin, Lebanon
Zip Codes near Franklin TN:
37179, 37174, 38401, 37024, 37027, 37064, 37065, 37067, 37068, 37069
Neighborhoods in Franklin TN:
Ashton Park, Franklin / Barrington, Franklin / Chardonnay, Franklin / Delta Springs, Franklin / Henley, Franklin /Ivan Creek, Franklin / Leeland, Franklin / Westfield Estates, Franklin / Yorktown, Franklin / Tap Root Hills, Franklin
