Probate and Estate Administration
The loss of a loved one is a difficult time for a family. While still grieving and dealing with the loss, the loved one’s estate must still be addressed. Often times this may require court oversight through a process known as probate.
Probate is the process in which a person’s Will is presented to the court for authentication and the subsequent appointment of an executor or personal representative. This personal representative is tasked with administering the estate according to the terms of the will. Once appointed as the personal representative, there are certain steps and deadlines the representative must follow. And remember, the personal representative has numerous items which must be completed. There are time sensitive deadlines and certain notifications which must be made. The personal representative will be dealing with creditors of the deceased, family members who are anxious to receive their portion of the estate, TennCare (if the person has reached a certain age), paying any estate taxes if applicable, and defending the estate against any lawsuits should they arise. In addition, it is the personal representative’s duty to account for all of the decedent’s assets and insure their safekeeping until they are properly transferred to the rightful heir. It is easy to see how trying to navigate through the court system to administer the estate may become an added stressor for one unfamiliar with the process.
Some of you reading this may now be asking “what if there was no will?” When this occurs and the estate needs to be probated, the court will appoint a personal representative. Tennessee statutes provide guidance to the judge on who should be appointed. Once appointed, instead of following the terms of a will, the personal representative must then administer the estate according to Tennessee’s intestacy laws.
Be mindful that not all of a loved one’s assets must go through probate. Determining which assets do and which do not is just one more role the personal representative must take on. In addition, there are several forms of probate in Tennessee. While the probate process in Tennessee is not overly burdensome, one can easily run afoul of the court rules and statutes if they are unfamiliar with the process. Contact attorney Chad Turnbow who will insure the estate is probated properly and you as the personal representative do not make a mistake which leads to you being personally liable.