By Jorie Zajicek and Ryan C. Davis
How do you Probate an Estate in Tennessee?
Probate is the process used under the law to settle the estate of someone who has died with the court’s supervision. A person is either appointed under a will as the executor of the estate, or, if there is not a will, the next of kin will typically be appointed as the administrator. The executor or administrator is approved by the court and given the legal authority to act on behalf of the deceased’s estate. The responsibilities of the executor or administrator include gathering and valuing the assets owned by the estate, paying necessary bills and taxes before the proceeds of the estate are distributed, and distributing the assets to the heirs or beneficiaries.
Do You Have to Probate an Estate?
Whether or not an estate must be probated depends on whether the deceased had a valid will, how much property is in the estate, and the wishes of all of the heirs or beneficiaries. An experienced probate attorney can walk you through the probate process from start to finish and determine if there are other more efficient and cost-effective ways to distribute an estate.
What Other Options Are Available to Distribute Estate Property?
In Tennessee, options other than opening a full probate estate include the following: (1) Small Estate Affidavit; (2) Probate for Muniment of Title; and an (3) Affidavit of Heirship.
A Small Estate Affidavit is a more simple, cost-effective, and efficient way to distribute an estate. However, a Small Estate Affidavit is not an option if the decedent had a valid will or if there was any real property. Additionally, a Small Estate Affidavit cannot be used if the total property value in the decedent’s estate exceeds $50,000.
If the only thing in a decedent’s estate is real property, then you may utilize Probate for Muniment of Title or an Affidavit of Heirship. Ordinarily real property does not come into a deceased’s estate. However, a decedent may bring real property into their estate if they included real property in their will. In that event, the executor may file a Petition to Probate for Muniment of Title, which only transfers ownership of real property.
Similarly, an Affidavit of Heirship is used to transfer ownership of real property. However, an Affidavit of Heirship is not appropriate if the deceased included the real property in their will.
While there are many factors to consider when deciding how to manage a loved one’s estate, it is important to consider whether the decedent had a valid will, whether the decedent had any real property, and the estimated value of the estate. Call our experienced probate attorneys at 615-649-0110 today to schedule a complimentary consultation.
