Probate and Estate Administration
Adam and his staff understand that you are grieving the loss of a loved one. The thought of probating the estate can be overwhelming. Adam is an established estate and probate attorney, and he and his staff can guide you through the probate process. Our firm will assist the personal representative of an estate from beginning to end at a cost effective and expeditious manner.
What is Probate?
Probate refers to the process of administering the estate of your loved one. Our staff can simplify this process. If your loved one has a Last Will and Testament, the Probate Court will oversee the administration of the estate by the executor named in the Will. If there is not a Will, the Probate Court will appoint an administration. In either case, your loved one’s property will be distributed according to the Will or the laws of the State of Tennessee.
What to Expect During the Administration Process
Whether or not your loved one has a Last Will and Testament, probating their estate will still be necessary. Providing that there is a Will, the probate process begins with the Judge determining if the Will is valid. Upon the validation of the Will, the Judge appoints a personal representative to administer the estate. If there are any contests/conflicts with the Will (will contest), it will be necessary to address these issue before proceeding with administering the estate.
If there is not a Will, then the estate of your loved wone will pass to the heirs-at-law in accordance with the State of Tennessee’s laws on descent and distribution. A personal representative/administrator will be appointed by the Probate Court Judge and administration will proceed from that point.
The probate process varies from case to case depending on the complexity of the estate, the dynamics of your family, disputes regarding the estate, and other variables. Notification must be provided to creditors of the estate through publication methods and the creditors are afforded a period of four (4) months from the date of the last publication for which to file a claim against the estate. Therefore, an estate must remain open, generally, for a period of no less than five (5) months.
Executor and Administrator Duties
The person named by the Probate Court to administer the estate is also known as the “Personal Representative”. This person will have many important duties and functions to complete which could include:
- Gathering, inventorying, and valuing the assets of the estate
- Notifying creditros of the estate
- Obtaining a TennCare Waiver
- Distributing assets to the estate beneficiaries or heirs
- Reporting to the Probate Court
The executor or administrator must act in the best interest of the estate and protect the assets for the beneficiaries or heirs.