Do I Need a Probate Attorney in Tennessee?

Loss is never easy. After a loved one passes away, the best use of our time is to grieve, spend time with loved ones, and contemplate happy memories. In many circumstances, though, the passing of a loved one means taking care of legal necessities. Their home, belongings, finances, and more must be put into order. If they left behind a will, its contents must be validated, and the instructions followed according to your loved one’s wishes. In other cases, the deceased may owe debts to various creditors, which the executor of their estate must settle.

The process of settling a deceased person’s estate is called probate. While every person’s estate must pass through probate to ensure their wishes are followed and are in accordance with Tennessee law, specific measures taken by the deceased can ease the probate process. This is why it’s valuable to consult with a probate lawyer in Tennessee. A probate lawyer can help you navigate the difficult period after the loss of a loved one, allowing you the time and space to focus on what really matters.

What is Probate?

Probate is a complex legal process that occurs after someone dies. The point of the probate process is to ensure that a deceased person’s estate is distributed accordingly, both according to state law and following their wishes, if they left behind a will. If the deceased left behind no will, probate involves determining what should happen to their estate based on state and federal law.

The probate process includes, but is not necessarily limited to:

• Identifying or Authenticating a Will
• Naming an Executor
• Identifying Creditors
• Inventorying and Valuing the Estate
• Settling Debts
• Paying Outstanding Taxes
• Distributing Assets

If someone leaves behind a will, the probate process ensures the will is valid and that the wishes contained in it are in accordance with the law. If someone left behind no will, the probate process becomes more complex. This is why it’s vital to leave behind. Wills not only ensure your wishes are known, but they also remove a lot of the “guesswork” and potential complications that can arise for your loved ones.

What is an Executor’s Role in the Probate Process?

An executor is responsible for carrying out the wishes in a will and ensuring the deceased’s estate complies with all local, state, and federal laws. Many people believe that if someone dies in debt, this debt is “erased”, and their friends and family can simply claim their estate. This is a false assumption.

One of the key roles of an executor is to ensure all of the deceased’s outstanding debts are settled. This includes medical and credit card debt, as well as any taxes. Depending on how much the deceased was worth when they passed away, an executor may also have to pay estate tax. Estate tax is a tax on certain estates levied after an individual passes away. A probate attorney can help determine if any estate taxes are owed.

An executor is also responsible for identifying and locating anyone who was named in the will or who may be entitled to inherit from the estate. This is another aspect of the probate process for which an experienced attorney is vital. A probate attorney can help determine who is eligible and how to locate them.

How Is an Estate Valued in Probate?

Part of the probate process involves valuing the estate. This is done for multiple reasons, including determining if an estate tax is owed and valuing property for potential sale to pay creditors and outstanding debts. Valuing an estate can become a time-consuming and challenging process. Determining an accurate value is vital, especially if any of it will be sold to pay debts or taxes.

The best option for valuing an estate is identifying a reliable appraiser who can perform a professional valuation for you. Probate attorneys know and work with highly skilled, trustworthy appraisers. By hiring a dedicated probate attorney such as J. Anthony Bradley and his team at Bradley Law, PLLC, you can gain access to appraisers as well as other individuals who regularly work with probate attorneys to ease the process.  

Must Every Estate Go Through Probate?

While many estates will go through the probate process, there are some exceptions. One primary instance is if the estate is valued at less than $50,000. If an attorney or appraiser determines an estate is worth less than this amount, you can file a small estate affidavit. This is a legal document certifying the estate’s value and allowing it to bypass probate.

Although the appropriate forms are available for anyone to fill out and file, the State of Tennessee actively discourages individuals from attempting to represent themselves in any probate proceedings. This especially includes filing small estate affidavits. This is because probate is a complex legal process and requires the individuals involved to be well-versed in Tennessee probate law. Any errors can have serious consequences, and judges are not permitted to give advice, correct mistakes, or intervene on your behalf. This is why an experienced probate attorney is vital under any circumstances.  

What Happens if Someone Dies Without a Will in Tennessee?

If someone dies without a will, they are said to have “died intestate.” When this happens, the state intervenes in the probate process and appoints an executor itself. If the deceased left behind any family members, one of them will most often be appointed as the executor. If the court cannot locate any family members, it may appoint a public administrator. A public administrator is an official whose role is to ensure estates are distributed according to state law and that all outstanding debts and taxes are settled.

Although public administrators are generally sensitive to the nature of their work, few people want strangers in charge of their estates. Most of us feel better about the idea of a family member or friend being responsible for carrying out our last wishes. This is why it’s vital to consult a probate attorney in Tennessee.

What Should I Do if I Need a Probate Attorney in Tennessee?

Due to the way wills and inheritances are often depicted in the media, many people have a skewed perception of what happens to a person’s estate after they pass away. While the process can go smoothly if there is a will in place, probate still takes time. On average, the entire process lasts about 4-6 months. While this may not sound like a lot, it can feel like a tremendous amount of time following the loss of a loved one. This is especially true if there are complicated legal matters to take care of, like settling debt or locating distant family. That’s why if you or a loved one needs assistance navigating probate, you must contact J. Anthony Bradley and his legal team at Bradley Law Firm, PLLC.

J. Anthony Bradley understands that probate law is especially challenging because it necessarily involves the loss of a loved one. He and his team have developed a reputation in Germantown and the surrounding Tennessee region for their compassionate, sympathetic approach to probate law, prioritizing their clients’ emotional well-being. He and his staff can help you navigate the process, allowing you to have as much involvement as you want, depending on your own comfort level and readiness. In challenging situations, he can step in on your behalf and handle the probate process so that you and those close to you can focus on remembering your loved one and moving forward.

Loss is never easy. Navigating Tennessee’s probate process can add unwanted challenges to an already trying time. If you or a loved one needs a probate attorney, don’t hesitate to contact Bradley Law Firm PLC at 901-441-8215 today to schedule a consultation.