Why Would You Need a Probate Lawyer in Tennessee and What to Expect from Them?

A probate lawyer in Tennessee can guide you through court procedures, protect your rights, and help you avoid costly mistakes when settling a loved one’s estate. 

Understanding when legal guidance may be necessary and what to expect from your attorney can make the probate process easier to manage.

What Is a Probate Lawyer?

A probate lawyer is a state-licensed attorney who focuses on estate law and helps personal representatives settle an estate. They may also represent the decedent’s heirs or beneficiaries whose rights are affected by the probate process.

A probate attorney’s role varies based on the estate’s circumstances. They may provide guidance throughout the entire probate process or assist only with specific legal matters when they arise.

A probate lawyer should have a thorough understanding of the estate laws in the state where they serve. Their responsibilities include, but are not limited to:

• Navigating Tennessee probate court procedures.
• Meeting filing deadlines.
• Preparing and filing required legal documents.
• Explaining your rights and responsibilities.
• Reviewing and responding to creditor claims.
• Communicating with heirs, beneficiaries, and other interested parties.
• Resolving disputes involving the estate.
• Distributing property according to the will or Tennessee law.
• Representing you in court when necessary.

What Does a Probate Attorney Do in Tennessee?

Under Tennessee probate law, the attorney typically represents the executor or administrator in their role as personal representative, not the estate itself.

Because the executor or administrator hires the attorney, reasonable legal fees for services necessary to administer or protect the estate are generally paid from estate funds. The amount is subject to review and approval by the probate court.

A probate attorney’s primary role is to help the personal representative administer and settle the estate in accordance with Tennessee law. The scope of the attorney’s work may depend on:

• Whether the deceased person left a valid will.
• The size and complexity of the estate.
• Whether an heir, beneficiary, or creditor raises a claim or files a lawsuit.
• Any other legal probate matters that may arise during the probate process

When there is a will

When a valid will exists, the probate attorney may help the named executor present it to the appropriate Tennessee probate court and guide them throughout the probate process. Their responsibilities may include, but are not limited to:

• Preparing the required documents according to state law.
• Assisting the executor in being appointed and obtaining Letters of Testamentary.
• Paying valid outstanding debts, the deceased’s medical bills, estate expenses, and taxes.
• Distributing the remaining assets to people entitled to receive them according to the decedent’s wishes mentioned in the will.

A probate attorney may also assist beneficiaries, heirs, or surviving family members when challenging a last testament. Potential reasons for contesting a will’s validity may include:

• The will was signed under duress.
• Another person used undue influence to affect the terms of the original will.
• The deceased person lacked the mental capacity required to make a valid will.

This is a list of a few possible grounds for contesting a will; other legal grounds that are not listed here may apply depending on the circumstances. 

When a dispute arises, an experienced probate attorney may represent the interested party in mediation, court hearings, or probate litigation.

Without will

Under Tennessee law, not every estate personal representative needs to hire an attorney to represent them. 

However, because intestate estates are typically more complex and take longer to settle, working with a probate lawyer is strongly recommended.

When someone dies without a valid testament, they leave an intestate estate, with their assets distributed to their rightful heirs in accordance with Tennessee intestacy law rather than the deceased’s wishes.

A probate lawyer can assist the family from the beginning by preparing and filing the petition to appoint an administrator and obtain Letters of Administration. 

An attorney may also be hired later in the probate and estate administration process to address creditor claims, inheritance questions, disputes among heirs, or other issues that arise during the administration of the estate.

What Should You Expect from a Probate Lawyer?

What happens to a person’s property after death generally depends on how each asset is titled and whether an estate plan exists. 

Assets owned solely in the deceased person’s name generally pass through probate, regardless of whether they left a will. 

By contrast, property held in a trust, assets with valid beneficiary designations, and property owned as JTWROS generally transfer outside probate.

Depending on the circumstances, an attorney may guide the personal representative through the entire probate process or assist only with specific matters that require legal guidance.

A Tennessee probate attorney may help with tasks such as:

• Helping the decedent’s family members to find the will.
• Preparing, filing, and submitting the petition for opening the probate, along with the last will and other documents required by the court.
• Identifying, collecting, and safeguarding all the decedent’s probate assets, such as their checking and savings accounts, personal properties and real estate, investments, jewelry, vehicles, and more.
• Identifying and collecting non-probate assets, such as properties titled as joint tenancy with right of survivorship, life insurance policies with designated beneficiaries, Transfer on Death (TOD) and Payable on Death (POD) accounts, certificates of deposit, and more.
• Securing appraisals for the deceased’s real estate property.
• Opening and overseeing the estate checking account.
• Coordinating with the estate accountant to calculate and pay the estate debts, expenses, and taxes.
• Distributing the remaining assets under the will or Tennessee intestacy law.
• Retitling the properties in beneficiaries’ names.
• Providing legal guidance throughout probate.
• Representing the estate in negotiations and probate litigation.

Do You Need a Lawyer for Probate in TN?

Not every Tennessee probate case needs additional legal assistance. Whether you would need an attorney depends on the estate’s assets, debts, beneficiaries, and potential legal complications.

However, below are some situations in which you should consider speaking with a probate lawyer, including:

• The estate contains real estate, business interests, or difficult-to-value assets.
• The deceased person’s estate plan is missing, unclear, or incomplete.
• You are unsure which assets must pass through probate.
• The estate may not have enough money to pay its debts and expenses.
• The decedent’s heirs or beneficiaries disagree about the estate, or they intend to challenge the will.
• A creditor has filed a disputed claim.
• You have never served as an executor or administrator.
• You are uncertain about Tennessee probate procedures or your fiduciary duties and responsibilities.

Even when an estate appears straightforward, early legal guidance can help the personal representative comply with Tennessee law, avoid improper distributions, and reduce the risk of personal liability.

Questions to Ask a Probate Lawyer in Tennessee

Choosing the right attorney can ease the process of estate administration and can help prevent costly mistakes.

Before hiring a probate lawyer, you may consider asking these questions to help you evaluate their experience, services, fees, and approach:

• How much experience do they have with Tennessee probate cases?
• How does the probate process work in Tennessee?
• Have they handled estates similar to this one in size and complexity?
• How long might the probate process take?
• Who else in their office works on your case, and how often will you receive updates?
• What major problems or delays might happen during the probate?
• What are their fees and how do they structure them: flat fees, an hourly rate, or a percentage of the estate?
• What additional costs like filing costs and court fees should you expect?
• What information do you need to start the probate process?

This is a list of the most important questions to ask a probate attorney, but it’s not exhaustive.

What Is the Difference Between a Probate Lawyer and an Estate Planning Lawyer?

Although probate attorneys and estate planning lawyers work in related areas, their services typically differ based on when they provide their legal assistance:

• An estate attorney helps people prepare for incapacity or death by writing wills, trust documents, Powers of Attorney, and other estate planning documents tailored to their estate planning needs.
• A probate lawyer assists after someone dies. They may prepare filings for Tennessee probate court, advise the estate administrator or executor, address creditor claims, guide the lawful distribution of estate assets, represent interested parties in probate disputes, and more

Speak With a Probate Lawyer in Tennessee.

From filing the initial petition to distributing the remaining assets and closing the estate, our team provides explicit guidance at every stage of probate. 

We handle the legal details, explain your responsibilities and rights, and help address potential problems so you can focus on your family and your loved one’s legacy.

Whether the estate has multiple and complex assets, is straightforward, or has become the subject of a dispute, timely legal advice can protect your rights and prevent costly mistakes. 

Contact our office to schedule a consultation, learn more about what a probate lawyer in Tennessee does, and discuss how we can assist with your loved one’s estate.

Frequently Asked Questions About the Need to Hire a Probate Lawyer

How difficult is probate in Tennessee?

Probate in Tennessee may be straightforward for a simple, uncontested estate but more difficult when there are complex assets, creditor claims, family disputes, or challenges to the will.

How much does a probate lawyer cost in Tennessee?

The estate’s complexity and size influence probate lawyer fees in Tennessee and may be charged hourly, as a flat fee, or as a percent of the estate. Reasonable attorney’s fees are generally paid from the estate and may require court approval.

How long does it take for a will to go through probate in Tennessee?

In Tennessee, the duration of a probate process depends on multiple factors, including the estate’s complexity and size, the assets involved, and whether disputes arise.