Get a Secure Inheritance Loan, usually within 72 Hrs if you’re an Heir or Beneficiary of an Estate in Tennessee, in Probate or Trust
If you are currently dealing with, or about to deal with, the Tennessee state court system with respect to a probate or estate issue – the following information should be helpful to you.
Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the “heirs,” or the descendant(s) of the estate.
What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a “petition” to open the estate and name a personal representative who is responsible for the administration of the deceased’s property.
The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
Probate Law in Tennessee
Probate in the state of Tennessee requires that the people managing your estate and inheritance matters are aware how probate is to be conducted in this state, with respect to state probate regulations, deadlines and written documents. These regulations are critical, as proper probate procedure has a material affect on how and when heirs in Tennessee can receive their inheritance.
In Tennessee probate law, it important to know how to prove and record a will; plus “causing” the granting of testamentary letters during probate in this state. The same importance is applied to your “petition for probate” in Tennessee, which is the document that reflects your purpose or intent to proceed with probate, and begins the estate’s probate process. These complicated steps encourage most families to enlist the help of an experienced probate attorney.
Should you want to “contest” a will during probate in the state of Tennessee (all wills are contestable), you would need specific evidence to validate the claim. During probate in Tennessee, all formal probate documents must be written, executed, witnessed, and/or filed in complete compliance with the Tennessee probate code. Hence – in order to probate an estate in Tennessee without inordinate problems or delays, either you or your probate lawyer will have to be able to read and write formal legal documents – plus, be quite familiar with Tennessee probate deadlines and probate process time frames.
Wills in the state of Tennessee are both “proved” and “recorded” in the probate court located in the county where the individual who created the will resided. Related “testamentary letters” are dealt with in probate court as well. It is important, when executing one’s will in this state, to remember that all the witnesses of this will can be called up at some point in the future – if this will should one day be contested; therefore choosing one’s witnesses is of utmost importance, as these witnesses may one day have to show up in probate court for proof.
It would be advisable to have an experienced Tennessee probate attorney involved during probate to accomplish all of these tasks quickly and correctly. Hiring a probate lawyer who is familiar with Tennessee probate law would be helpful. The probate attorney can be there through the entire probate process to make sure the inheritance process is being handled properly. It is not advisable to go through Tennessee probate alone, in order to protect your inheritance and the inheritance of the other heirs, should there be other heirs involved in the estate.
Tennessee has no separate probate court. In Tennessee, Circuit Court has jurisdiction over probate matters and estate cases in general. The Juvenile Court handles cases revolving around issues such as child support, juvenile concerns, child custody, paternity cases, and mental health issues. Tennessee also maintains a General Sessions Court with jurisdiction over estate, mental health, and juvenile issues. General Sessions Court is in 93 counties and has 154 judges. None of these courts permit trial by jury.