{"id":408,"date":"2011-11-03T06:00:49","date_gmt":"2011-11-03T10:00:49","guid":{"rendered":"http:\/\/purplelawfirm.com\/blog_news\/?p=408"},"modified":"2019-03-09T13:28:44","modified_gmt":"2019-03-09T18:28:44","slug":"probate-a-will-in-tennessee-hamilton-county","status":"publish","type":"post","link":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/2011\/11\/03\/probate-a-will-in-tennessee-hamilton-county\/","title":{"rendered":"Probate a Will in Tennessee"},"content":{"rendered":"

Probate a Will in Tennessee<\/h1>\n

\"\"<\/p>\n

In Tennessee if a person who dies has a Last Will and Testament<\/strong> then the Will<\/strong> typically must be administered in probate.\u00a0 <\/strong>In order for the Executor<\/strong> to gain control over the decedent’s estate<\/strong>\u00a0 the Last Will and Testament <\/strong>is filed in\u00a0the Probate\u00a0Court. The court officially declares the Will to be valid. \u00a0The Court\u00a0supervises the administration<\/strong> of the decedent’s estate<\/strong>.<\/p>\n

A Last Will and Testament is a legal instrument which is a declaration of a person’s intentions in regards to the division and distribution of property after death. Unlike a Trust<\/a>,\u00a0 a Will<\/em> is not a contract, therefore it must be authenticated by the court and the provisions of the legal document<\/strong>\u00a0 must be tested and proven in the court.\u00a0 Probating a Will<\/em> is the legal process<\/strong> of the court supervising the management of the property and debts of the the person who died according to\u00a0 the decedent’s Last Will and Testament.<\/p><\/blockquote>\n

The General Process of Tennessee Probate<\/strong><\/h2>\n
    \n
  1. The Attorney for the Estate<\/strong> will file the Last Will and Testament in the Probate Court in the Decedent’s Tennessee county of residence.<\/li>\n
  2. In Tennessee probate<\/strong> is an exclusive function of the Chancery Court<\/em>.<\/li>\n
  3. The court appoints a Personal Representative<\/strong> of the decedent’s estate. Typically the court will appoint the person listed as Executor or Executrix <\/a>in the Last Will and Testament<\/strong>\u00a0 as the Personal Representative.\u00a0 However, if this person resides outside of Tennessee then an Administrator c.t.a.<\/em> must also be appointed by the court to assist in administering the estate.<\/li>\n
  4. Unless specifically waived by the decedent in the written instrument creating the Will<\/em>, the Personal Representative must post a surety bond equal to the value of the estate. A probate bond<\/strong> is designed to protect the beneficiaries<\/strong> named in the Will\u00a0<\/em> and the creditors of the estate.<\/li>\n
  5. If the decedent was age 59 or older then a TennCare Release must be filed in the Probate Court. This is a determination that the person who is deceased did not have medicaid claims during his\/her lifetime.\u00a0 Medicaid claims are a priority in probate cases.<\/li>\n
  6. All known debts of the decedent must be paid from the estate, including any claims filed in the probate court. The court will publish a notice to creditors in the local newspaper, and the administrator of the estate<\/strong> is required to notify all known creditors<\/em> of the person who is deceased.<\/li>\n
  7. A Tennessee inheritance tax<\/strong> return or request for waiver pf tax must be filed with the Tennessee Department of Revenue and a Tax Release must be filed in the Probate Court<\/li>\n
  8. Unless waived by the Last Will and Testament, a complete inventory and accounting of the estate must be completed and filed in the court.<\/li>\n
  9. All special bequests<\/strong> and other distributions must be made by the Personal Representative according to the terms of the Will<\/em>, unless modified by the court.<\/li>\n<\/ol>\n

    An attorney is required to probate a Will in Tennessee<\/h3>\n

    The process of administering an estate<\/em> of a person who is deceased is a complex legal<\/strong> process involving many steps and procedures that must be completed.\u00a0 Probate procedures<\/strong> are defined in Tennessee law<\/strong> and include time limitations which must be strictly adhered to, unless extended by order of the court. Because of the high degree of legal complexity it is required that the Personal Representative<\/strong> be represented by an attorney licensed to practice law in Tennessee<\/strong>.\u00a0 You are required to retain an attorney who specializes in probate, but it is advisable to engage a lawyer who is experienced in probate and estate law.<\/p>\n

    Experience Matters in Probate<\/h3>\n

    There are different types of probate and many other issues involved in the process of supervision and management of the property and debts of a person who is deceased.\u00a0\u00a0 The attorneys<\/strong> of Purple Law Firm \u00a0<\/a>practicing probate law and estate administration in Tennessee. \u00a0<\/strong> If you are the named\u00a0 Executor <\/strong> of a Last Will and Testament contact<\/a> our lawyers<\/strong> in order to proceed with probate<\/strong> or administration of the decedent’s estate.<\/p>\n","protected":false},"excerpt":{"rendered":"

    Probate a Will in Tennessee In Tennessee if a person who dies has a Last Will and Testament then the Will typically must be administered in probate.\u00a0 In order for the Executor to gain control over the decedent’s estate\u00a0 the Last Will and Testament is filed in\u00a0the Probate\u00a0Court. The court officially declares the Will to be valid. \u00a0The Court\u00a0supervises the administration of the decedent’s estate. A Last Will and Testament is a legal instrument which is a declaration of a person’s intentions in regards to the division and distribution of property after death. Unlike a Trust,\u00a0 a Will is not a contract, therefore it mustRead More →<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","ghostkit_customizer_options":"","ghostkit_custom_css":"","ghostkit_custom_js_head":"","ghostkit_custom_js_foot":"","ghostkit_typography":"","footnotes":""},"categories":[19,26],"tags":[53,105,118,150,214,220,272,273],"yst_prominent_words":[2239,453,2240,397,2023,2012,2011,361,2019,2017,2021,353,2013,452,450,393,2020,485,2018,458],"class_list":{"0":"entry","1":"post","2":"publish","3":"author-admin","4":"post-408","6":"format-standard","7":"category-estate_planning_wills_trusts_estates","8":"category-legal-terms","9":"post_tag-attorney-at-law","10":"post_tag-court","11":"post_tag-decedent","12":"post_tag-estate","13":"post_tag-last-will-and-testament","14":"post_tag-lawyer-legal-professional","15":"post_tag-probate","16":"post_tag-probate-a-will"},"featured_image_src":null,"author_info":{"display_name":"Todd Couvillon","author_link":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/author\/admin\/"},"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false,"hoot-small-preview":false,"hoot-large-preview":false,"hoot-medium-preview":false,"hoot-wide":false,"hoot-extra-wide":false,"hoot-boxcontent":false},"uagb_author_info":{"display_name":"Todd Couvillon","author_link":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/author\/admin\/"},"uagb_comment_info":3,"uagb_excerpt":"Probate a Will in Tennessee In Tennessee if a person who dies has a Last Will and Testament then the Will typically must be administered in probate.\u00a0 In order for the Executor to gain control over the decedent’s estate\u00a0 the Last Will and Testament is filed in\u00a0the Probate\u00a0Court. The court officially declares the Will to…","_links":{"self":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts\/408","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/comments?post=408"}],"version-history":[{"count":0,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts\/408\/revisions"}],"wp:attachment":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/media?parent=408"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/categories?post=408"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/tags?post=408"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/yst_prominent_words?post=408"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}