Practice Area · Executors, Estates & Court Administration
Probate & Estate Administration Attorney in Franklin, Tennessee
Guiding executors and families through the Tennessee probate process with clarity and care.
Overview
What is Probate?
Probate is the court-supervised process of validating a will, paying the deceased’s debts, and distributing the remaining assets to the heirs or beneficiaries. In Tennessee, probate typically runs through Chancery Court (Davidson County has a specialized Probate Court that handles these matters directly), and the process can take anywhere from a few months for uncontested small estates to several years for larger or contested ones.
Estate administration is what happens during and after that process: gathering assets, notifying creditors, filing tax returns, resolving claims, and finally distributing what’s left.
Our Clients
Who We Work With
Our probate clients are executors, personal representatives, and family members trying to figure out what to do next. Sometimes they were named in a will they haven’t seen since it was signed. Sometimes they’re an adult child suddenly responsible for a parent’s affairs. Sometimes they’re a surviving spouse.
Almost none of them have done this before. Our job is to make sure they don’t have to figure it out alone.
Scope of Work
What We Handle
Every estate is different. Common services include:
- Petition for probate (common form or solemn form)
- Small estate affidavits for estates under $50,000
- Notice to creditors and creditor claim resolution
- Estate inventory and asset gathering
- Real estate transfers
- Tax return preparation coordination
- Distribution to beneficiaries
- Estate accountings
- Will contests and probate litigation when disputes arise
Much of what makes probate slow and expensive can be avoided in advance. A properly funded trust built through estate planning keeps most estates out of court entirely.
How We Work
Our Approach
Probate work is often done during grief. We keep that in mind at every step. We handle the court filings, the creditor notices, the paperwork, and the deadlines, so the family can focus on what actually matters.
We keep executors informed at every stage, we set realistic expectations about timelines and cost, and we don’t add friction to a process that’s already hard.
We don’t add friction to a process that’s already hard.
Tennessee Statutes
Probate Under Tennessee Law
Tennessee runs probate on its own statutory framework, and the procedural details matter to executors from the first filing forward.
Tennessee has not adopted the Uniform Probate Code and uses its own framework. Probate takes one of two forms: common form (the default for uncontested wills, faster and less expensive) or solemn form (used when a contest is possible or advisable). Both are governed by Title 30 of the Tennessee Code.
Tennessee’s small estate procedure (T.C.A. §§ 30-4-102 and 30-4-103) allows estates valued at $50,000 or less (personal property only, not real estate) to bypass full probate through a small estate affidavit, filed at least 45 days after death.
Notice to creditors is a required part of Tennessee probate. Creditors generally have four months from the date of publication of notice to file claims against the estate. Executors have specific fiduciary duties under Tennessee law, including duties of care, loyalty, and impartiality to the beneficiaries.
If someone dies without a will, the intestate succession statute (T.C.A. § 31-2-104) decides who inherits, and the court appoints an administrator rather than following a named executor.
Common Questions
Frequently Asked Questions
How long does probate take in Tennessee?
Uncontested probate typically takes six to twelve months from opening to closing, though larger or more complex estates can take longer. The four-month creditor claim period is a fixed part of that timeline. Contested probates, tax disputes, or complicated asset structures can extend the process significantly.
Do all estates have to go through probate?
No. Assets held in a revocable living trust, jointly owned with rights of survivorship, or passed by beneficiary designation (like retirement accounts and life insurance) transfer outside probate. Estates worth $50,000 or less in personal property can use Tennessee’s small estate affidavit process. Only assets titled solely in the deceased’s name without a beneficiary designation typically require probate.
What is the small estate process in Tennessee?
If an estate is valued at $50,000 or less in personal property (not real estate), Tennessee allows heirs to use a small estate affidavit instead of full probate. The affidavit is filed at least 45 days after death and is significantly simpler and less expensive than formal probate. It’s authorized under T.C.A. §§ 30-4-102 and 30-4-103.
How much does probate cost in Tennessee?
Costs vary depending on estate size, complexity, and whether disputes arise. Typical costs include court filing fees, publication fees for creditor notice, bond premiums (if required), and attorney fees. Simple probates are relatively affordable; contested probates can run into significant expense.
What is an executor’s job?
The executor (also called a personal representative in Tennessee) is legally responsible for gathering the deceased’s assets, notifying creditors, paying debts and taxes, filing required accountings with the court, and distributing what’s left to the beneficiaries. Executors have real fiduciary duties and can be held personally liable for mistakes, which is why most work with an attorney.
What happens if there is no will?
If someone dies without a will (intestate), Tennessee’s intestate succession statute (T.C.A. § 31-2-104) determines who inherits. The estate still goes through probate, but the court appoints an administrator instead of following a named executor, and the distribution follows statutory rules rather than the deceased’s wishes.
Next Step
Ready to Get Started?
Schedule a consultation. Whether probate has already started, is about to start, or you’re just trying to figure out what to do first, we can help.