Guidance for Families in Probate and Estate Administration
The death of a spouse, parent or child is an emotional, and sometimes overwhelming, point in your life. If your loved one suddenly died as a result of a tragedy, your days are spent trying to determine how to get through one day and onto the next. Dealing with legal proceedings involving your loved one's estate is probably the last of your priorities.
Our Clarksville attorneys at Patton & Pittman are here to take on these burdens for you. We are available to lead you through probate and estate administration proceedings or handle these proceedings entirely so that you can focus on what is important during this time. We focus on completing probate and estate administration matters quickly and correctly so that your family can move on. Contact us to schedule a free initial consultation about your needs.
Know What to Expect in Probate and Estate Administration
There are important procedures to follow before inheritance can be passed to heirs when a loved one passes away. If your spouse or parent has passed away, it is important to learn if he or she had a will and who was named as the personal representative to handle legal proceedings. Once you contact us, we can handle the work from there.
- Will or no will? Many people believe that if there isn't a will, assets pass to heirs without going through probate. However, probate is still required and assets will be distributed according to Tennessee intestate laws.
- Is the will valid? When there is a will, the probate process begins with the court determining if the will is valid and granting authority to the personal representative to administer the estate according to the will. It may be necessary to resolve will contests and other probate litigation, causing delays in the process.
- How long is the process? The probate and estate administration process can vary significantly depending on the complexity of the estate, if there are probate disputes and various other factors. However, notification of the death must be given to creditors through required publication methods and creditors must be given four months from the date of the publication to make claims against the estate in most cases.
- What else is required? In order for assets to be distributed and for the estate to close, Tennessee law requires all known claims/debts to be paid or resolved, estate tax matters handled and TennCare matters addressed. If it is determined that the estate is not large enough to be a taxable estate, an inheritance tax clearance letter is required. Whether or not the decedent obtained TennCare benefits, a TennCare release is also mandatory prior to closing the estate.
Estate Administration
Our attorneys have the experience to handle all aspects of probate and estate administration, from assisting the personal representative in the gathering of assets or paying debts to distributing inheritance to heirs and conducting final accounting.
Our attorneys also are trial lawyers with experience in probate litigation (will contests). We can represent the estate, beneficiaries, excluded heirs or the personal representative in probate disputes over undue influence, testamentary capacity or misappropriation of assets.
Contact a Tennessee Probate Lawyer
Some families choose not to hire a lawyer to handle probate and estate administration proceedings simply because they feel they cannot afford an attorney. It is important to understand that nothing is paid up front in probate and estate administration cases. All fees associated with probate and estate administration — including attorney fees — are deducted from the estate at the conclusion of the process. In fact, Montgomery County has established a local rule dictating this process.
Call our Clarksville office at 931-266-4703 (in Clarksville) or toll-free at 866-936-9758, or contact us online to arrange a free initial consultation with our probate and estate administration lawyer, Nathan Hunt. We provide probate and estate administration services for clients throughout Montgomery County and the surrounding counties of Tennessee.
