Forest Hills Probate Lawyer

Probate Attorney In Forest Hills, TN

While imagining the loss of a loved one can be disheartening, the grieving process tends to be made even more overwhelming when the deceased individual has not prepared their estate for the probate process. Instead of navigating probate with clarity and peace, you and your loved ones may find yourselves embroiled in familial disputes and confusion. Fortunately, if you hire a skilled Forest Hills, TN, probate lawyer, you can reduce your stress and more easily sort out important details.

An Overview of Probate in Forest Hills, Tennessee

Before you look into hiring a Forest Hills, Tennessee, probate lawyer, you may benefit from learning more about the Tennessee probate process, as well as how hiring the right probate lawyer can make a huge difference in your overall experience.

The probate process is often made even more complicated when the deceased individual did not have a will in place prior to their passing. Unfortunately, it is estimated that only 32% of Americans have produced and finalized a will.

A lack of clarification can lead to disputes, which are somewhat common in estate planning and probate cases, as approximately 35% of adults in the United States know someone who has faced familial disputes directly related to these proceedings or have even experienced them firsthand.

What the Probate Process Covers

It’s important to learn about how the probate process works so that you can grow your understanding of what to expect. Here are some of the major steps each probate case will undergo:

• The validating of the will: In order to start the probate process, the court needs to validate the deceased’s written will.
• The appointment of an executor/administrator: In accordance with the will of the deceased, the court will appoint a personal representative, more commonly known as an executor, to manage the estate and its distribution process. If there’s no will, the court will appoint an administrator instead.
• The notifying and paying of all creditors: Once any known creditors have been notified, there will be a period of time when they are permitted to file any claims against the estate.
• The paying of taxes: The personal representative is typically responsible for filing any outstanding tax returns on the deceased’s behalf, as well as paying any necessary probate taxes.
• The distribution of assets: Once all debts and taxes have been settled, the court can authorize the distribution of any remaining assets to the listed beneficiaries and/or heirs.
• The closing of the estate: The estate will officially be closed after all the necessary legal and financial matters have been addressed and finalized.

When Probate Is Necessary

Probate is required for most assets that do not have a designated beneficiary or joint ownership, including:

• Bank accounts and investments solely in the deceased’s name
• Real estate titled only in the deceased’s name
• Assets not passed to a spouse or partner through other legal means

Exceptions to Probate

It is important to note that there are some exceptions to the probate process, including the following:

• Jointly owned property: Property held with “rights of survivorship” will automatically be transferred to the surviving owner.
• Trust assets: If the property has been held in a living trust, this generally means that it will not be counted as part of the probate estate.
• Beneficiary-designated accounts: Accounts with Payable-on-Death (POD) or Transfer-on-Death (TOD) designations can pass directly to the named beneficiary.

Why Should I Hire a Probate Lawyer in Forest Hills, Tennessee?

When you hire a probate lawyer, you can receive a multitude of services. One example of the help you can access through a lawyer is scheduling assistance and guidance for your probate case, should you need to spend time at the Historic Davidson County Courthouse Probate Court.

While not every case requires the added involvement of the Tennessee probate court, it is always better to be prepared, and having a Forest Hills, Tennessee, probate lawyer can increase the likelihood of this going smoothly.

Why Should I Choose Emmack Probate and Estate Law Group?

One of the many perks of working with Emmack Probate and Estate Law Group is that we offer ongoing membership opportunities to all our clients. Should you sign up for this membership, you can receive added guidance and services that cover the various estate and probate needs that may arise over time. This gives you the chance to get the help you need to make changes to all of your estate planning documents, plans, and desired outcomes during the probate process. Talk to our attorney Shanone Emmack to get help with your case.

FAQs

How Long Will My Probate Process Take to Resolve in Tennessee?

Each probate process is unique, and the amount of time each case takes tends to reflect this fact. Some cases prove to be more complex and, therefore, require more time. There are also outside influences, such as the availability of everyone else involved in your probate process and, if the need should arise, the schedule of the local courthouse that is involved in your case.

Can I Navigate the Probate Process Without a Probate Attorney in Tennessee?

Yes, it is perfectly legal for you to undergo the probate process without hiring a probate lawyer in Tennessee, but many individuals have found that the added guidance of a skilled probate lawyer can prove to be incredibly helpful and make a noticeable change in the amount of confusion and stress that they experience. When you lose a loved one, the last thing you want is added stress. Let Emmack Probate and Estate Law Group help you avoid this stress.

What Does Probate Law Cover in Tennessee?

Tennessee probate law covers the legal process involved in settling a deceased person’s estate. This usually includes validating their will, paying any remaining debts and/or taxes, appointing a personal representative, and distributing assets to any beneficiaries or heirs declared in the will. These steps will be overseen by the chancery court to ensure that property and assets owned solely by the deceased are managed in accordance with their will.

If there’s no will, officials will follow Tennessee intestate succession laws.

How Much Does It Cost to Hire a Probate Lawyer in Tennessee?

Due to the unique nature of each probate process, the cost of hiring a probate lawyer tends to vary based on unique variables in the state of Tennessee. The most common of these variables tends to be who you hire to handle your probate proceedings, the level of complexity your case presents, and the amount of time your case will require to sort out and finalize all relevant details. Hiring a probate lawyer can be incredibly worthwhile, though.

Get More Information Today

Contact Emmack Probate and Estate Law Group today, and let us help you sort out your probate needs.

Forest Hills Probate Resources

How Long Does Probate Take in Tennessee?

Why Would I Want to Avoid Probate in Tennessee?