When a loved one passes away, the legal and financial responsibilities of handling their estate can feel overwhelming. At Aubrey Givens & Associates, PLLC, our probate lawyers provide compassionate, knowledgeable guidance to families in Madison, Tennessee and the greater Nashville area. Whether you need help navigating the probate process, contesting a will, or planning your own estate, our attorneys are here to ease the burden and protect your family’s best interests.
What Probate Is and When It’s Required in Tennessee
Probate is the legal process of administering a deceased person’s estate—settling debts, distributing property, and carrying out their final wishes. Every estate, regardless of size, must be handled according to Tennessee law. Unfortunately, this process can be complex, time-consuming, and at times, emotionally challenging for families already dealing with loss.
That’s where an experienced Tennessee probate lawyer can help. At Aubrey Givens & Associates, PLLC, we guide clients step by step through probate, making sure everything is handled properly and efficiently.
Do You Always Need Probate After a Death?
In Tennessee, not every asset has to go through probate. Property held in joint tenancy with right of survivorship, assets with beneficiary designations (such as life insurance or retirement accounts), and assets titled in a trust typically pass outside of probate. However, if the person who died owned property solely in their name, like a house, bank account, or vehicle, probate is often required so the court can authorize someone to transfer those assets, pay valid debts, and distribute the remainder to heirs or beneficiaries.
There are also special options for smaller estates. If the value of the probate estate is under a certain dollar amount and meets other legal requirements, Tennessee law may allow a simplified “small estate” process instead of full probate, which can save time and expense for the family.
Probate is only one side of estate law. Many clients in Madison and Nashville come to us before probate becomes necessary, seeking to plan ahead for themselves and their families. Our estate planning attorneys provide personalized strategies that help you control how your estate is managed and distributed.
What Happens If There Is a Will vs No Will
If your loved one left a valid will, the document is filed with the probate court, and the judge formally appoints the executor named in the will to carry out those instructions. The will typically controls who receives which assets, who serves as guardian for minor children, and how debts and taxes should be handled, as long as the terms comply with Tennessee law.
When there is no will (this is called dying “intestate”), Tennessee’s intestacy laws decide who inherits. The court appoints an administrator instead of an executor, and state law sets out which family members receive shares of the estate, often starting with a surviving spouse and children, regardless of what the decedent may have informally said or intended. The attorneys at Aubrey Givens & Associates, PLLC, can help families understand what these rules mean in real-life situations and pursue options, where available, to protect vulnerable family members.
Who Can Serve as Executor or Administrator
In Tennessee, an executor (if there is a will) or administrator (if there is no will) is the person the court authorizes to manage and settle the estate. In the event that the authorized person cannot serve as executor or administrator, the court will look to close family members or another suitable adult. Most adults who are mentally competent, not disqualified by serious criminal convictions, and able to perform the required tasks can serve.
You can also name a professional, such as a bank or trust company authorized to act as a fiduciary in Tennessee, to serve in this role, which may be appropriate for large or complex estates. Our firm counsels clients on choosing the right representative during the estate planning process and, after a death, helps proposed executors or administrators understand what is involved before they accept the appointment.
Executor Responsibilities (What You’re Legally Required to Do)
Serving as an executor or administrator is a serious legal responsibility, not just an honorary title. In Tennessee, this fiduciary must file the will (if there is one), open the estate with the probate court, and obtain official authority from the court, often called “letters testamentary” or “letters of administration.” After that, the executor must:
- Identify, secure, and inventory all probate assets.
- Notify heirs and beneficiaries and, where required, publish notice to creditors.
- Evaluate and pay valid debts, expenses, and taxes from estate funds.
- Keep careful records and provide accountings to the court when required.
- Distribute the remaining property to heirs or beneficiaries and close the estate.
Executors and administrators can be held personally responsible if they mishandle funds or fail to follow court orders. Our probate lawyers work closely with personal representatives to keep them on track, explain deadlines, and help them avoid costly mistakes.
The Basic Probate Timeline (What to Expect Step-by-Step)
While every estate is different, most Tennessee probate cases follow a similar pattern. A typical timeline includes:
- Filing the will and death certificate with the probate court and petitioning to open the estate.
- Appointment of the executor or administrator and issuance of official letters giving them legal authority.
- Notifying heirs and beneficiaries and, where required, giving notice to creditors (often through a published notice).
- Gathering and inventorying estate assets, including real estate, bank accounts, investments, and personal property.
- Paying approved creditor claims, funeral expenses, taxes, and administrative costs.
- Preparing any required accountings for the court.
- Distributing remaining assets to beneficiaries or heirs and requesting to close the estate.
In straightforward cases with no disputes, Tennessee probate commonly takes six months to a year, though more complex or contested estates can last longer.
What Documents You’ll Need to Start Probate
Families are often unsure what to bring to the first meeting. To open a Tennessee probate estate efficiently, it helps to gather as many key documents as you can, including:
- Original last will and testament and any codicils (amendments), if they exist.
- Multiple certified copies of the death certificate.
- A list of known assets and approximate values, such as bank accounts, retirement accounts, life insurance policies, vehicles, and real estate.
- Recent financial statements, deeds, titles, and tax returns.
- Contact information for immediate family members and anyone named in the will.
- Any existing trust documents or prior estate planning paperwork.
If you cannot find everything right away, that is okay. At Aubrey Givens & Associates, PLLC, we can help you identify what is missing, work with financial institutions to obtain records, and prepare the petitions and forms the court requires.
How Debts and Creditors Are Handled During Probate
One of the main purposes of probate is to ensure that legitimate debts and expenses are paid before assets are distributed. After the estate is opened, the executor or administrator must notify known creditors and, in many cases, publish a notice to creditors so that anyone with a claim has an opportunity to come forward within the statutory time period. Claims that are timely and legally valid are typically paid from estate assets, while improper or excessive claims can be challenged.
If there are more debts than assets, Tennessee law provides an order of priority for which obligations get paid first, such as administrative expenses, funeral costs, and certain taxes. Our firm helps personal representatives evaluate creditor claims, negotiate where appropriate, and apply the priority rules so they follow the law and reduce the risk of personal liability.
How Assets Are Located, Valued, and Distributed
Locating and valuing assets is a critical part of probate. The executor or administrator must identify what the decedent owned, determine whether each asset is part of the probate estate or passes outside probate, and obtain appropriate valuations. This can involve reviewing bank and investment records, arranging for appraisals of real estate or valuable personal property, and confirming beneficiary designations on life insurance or retirement accounts.
Once debts, taxes, and expenses have been paid, the remaining assets are distributed according to the will or, if there is no will, Tennessee intestacy law. Real estate may require new deeds, financial accounts may be retitled or liquidated, and personal belongings may be divided among heirs. Our lawyers help families work through this process in a way that complies with court requirements and, whenever possible, respects family dynamics and practical concerns.
What Probate Costs in Tennessee (Fees and Common Expenses)
Understandably, many families worry about how much probate will cost. In Tennessee, the main categories of probate expenses typically include:
- Court filing fees
- Publication costs for creditor notices
- Attorney fees
- Executor or administrator compensation
- Miscellaneous costs such as certified copies, postage, and appraisals.
Attorney fees in Tennessee are usually hourly or flat-fee based, not a percentage of the estate value as in some other states. At Aubrey Givens & Associates, PLLC, we are transparent about expected costs and work to keep your matter as efficient as possible so more of the estate is preserved for your loved ones.
How Long Probate Takes and What Causes Delays
Most Tennessee probate estates can be completed in roughly six months to a year, but this is only a general guideline. The law builds in time for creditors to file claims and for the executor to collect information, pay debts, and prepare any required accountings. Small or very simple estates may move faster, while estates with complex business interests, tax issues, or property in multiple states often take longer.
Delays can arise for many reasons, including family disputes, will contests, difficulty locating heirs, missing documents, uncooperative financial institutions, or real estate that is hard to sell. Our attorneys focus on anticipating these issues early, communicating clearly with the court and stakeholders, and keeping your case moving forward so you are not left in limbo any longer than necessary.
Probate Disputes: When Families Don’t Agree
Family dynamics can complicate even the simplest estate. Disagreements over inheritance, questions about a will’s validity, or tensions between siblings can quickly lead to disputes. Our probate attorneys approach these situations with both legal knowledge and sensitivity.
We work to resolve issues fairly and efficiently, striving to maintain family harmony whenever possible. And when disputes cannot be settled peacefully, our attorneys are prepared to represent your interests in probate court.
Real Estate in Probate (Homes, Deeds, and Sales)
The family home and other real estate are often the most significant assets in an estate. In Tennessee, if real property is owned solely in the decedent’s name, probate may be needed to pass clear title to the heirs or beneficiaries. The executor or administrator may need to maintain the property, make mortgage or insurance payments from estate funds, and ultimately decide with the family whether the property should be sold or distributed in-kind.
Transferring or selling real estate through probate typically requires court approval and properly drafted deeds or closing documents. At Aubrey Givens & Associates, PLLC, we work with local title companies, realtors, and appraisers throughout Tennessee to help families understand the value of real estate, avoid avoidable delays at closing, and ensure deeds and other filings are prepared correctly the first time.
Probate for Small Estates (When a Simplified Process May Apply)
Tennessee law offers a simplified procedure for certain smaller estates, commonly referred to as a “small estate” or small estate affidavit process.
To qualify, the probate estate generally must be below a specific dollar threshold and meet additional legal requirements. When available, this option can streamline matters by reducing court involvement, shortening timelines, and cutting costs for the family.
Even a “small” estate can feel complicated when you are grieving. Our attorneys can quickly help you determine whether your loved one’s estate qualifies for a simplified procedure and, if so, prepare and file the necessary small estate paperwork with the appropriate court.
If the estate is too large or does not meet the criteria, we can explain your options for full probate and help you choose the most efficient path forward.
Out-of-State Executors and Multi-State Issues
Today, many families are spread across multiple states. It is common for a Tennessee resident to name an executor who lives elsewhere or to own property in more than one state. Tennessee law does allow nonresidents to serve as executors, but they may be required to appoint the Tennessee Secretary of State as their agent for service of process, post a bond, or, in some situations, serve alongside an in-state co-executor, depending on local court rules.
If the person who died owned real estate in another state, an additional limited probate proceeding may be needed in that other state to transfer that property, even if the main estate is being handled in Tennessee.
At Aubrey Givens & Associates, PLLC, our probate lawyers regularly assist out-of-state executors and families dealing with multi-state estates, coordinating with local counsel when necessary so you have one primary point of contact guiding you through the entire process.
Probate Help for Madison/Nashville Families (Local Focus)
Choosing the right probate or estate planning attorney is an important decision. Here’s why families in Madison and the Nashville area trust Aubrey Givens & Associates, PLLC:
- Local focus: We know the probate courts, judges, and processes in Tennessee.
- Compassionate approach: We understand the emotional weight of probate and estate matters and treat clients with care.
- Experience with disputes: Our attorneys have handled complex will contests, trust disputes, and probate litigation.
- Full-service support: From probate administration to estate planning, we cover every aspect of Tennessee estate law.
Serving Memphis Families When Probate Touches West Tennessee
Although our primary focus is on Madison, Nashville, and Middle Tennessee, families come to us when an estate stretches across different parts of the state, including West Tennessee and the Memphis area. In those situations, probate may be required in the county where your loved one lived or where certain property is located, and local procedures can vary. We work with courts throughout Tennessee and, when needed, coordinate with local professionals in West Tennessee to keep your matter organized and moving.
Talk to a Probate Attorney (Calm Next Step)
You don’t have to go through probate or estate planning alone. With the right legal guidance, you can reduce stress, avoid mistakes, and protect your family’s future.Contact our law firm to find out more about how we can help you and your family. Aubrey Givens & Associates, PLLC has offices located in Nashville and Memphis. Our estate planning attorneys currently provide representation to clients across the great state of Tennessee.
