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.

Forest Hills TN Trusts Lawyer - Free Consultation

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Trusts Attorney In Forest Hills, TN

A common misconception about trusts is that they are only for the wealthy, but in reality, they can be useful for all income levels. A skilled Forest Hills, TN, trusts lawyer can provide experienced legal guidance to help you create a trust and other arrangements that secure your wishes and support your loved ones.

forest hills tn trusts lawyer

About Emmack Probate and Estate Law Group

At Emmack Probate and Estate Law Group, we’ve spent years assisting the people of Franklin, Nashville, Forest Hills, and throughout the surrounding Middle Tennessee cities with the creation of their trusts. Our founder, Shanone Emmack, has decades of legal experience primarily focused on estate law. She takes a client-first approach to her practice, with one-on-one representation and a personalized approach that matches the unique circumstances of each person.

If you’re looking to plan comprehensively for your future, our Forest Hills estate planning lawyer can help you coordinate trusts with wills, powers of attorney, and other essential legal documents.

Overview of Trusts in Tennessee

Trusts and estate planning are an important step you can take to provide for your family after you have passed. A 2025 report found that only 13% of Americans hold a living trust, with more than 50% of respondents having no plan for death or incapacity.

A trust is a legal arrangement comprised of three parties. The first is the grantor, the person who creates the trust and transfers assets into it. Next is the trustee, the person or group responsible for managing the trust and ensuring the grantor’s wishes are met. Finally, there are the beneficiaries. These are the people who receive benefits from the trust in the form of income, property, or financial support.

Tennessee Code Annotated 35-15-402

Tennessee Code Annotated, 35-15-402, loutlines the requirements for a valid trust in the state, including identifiable assets, a named trustee, and the need for the trust to be in writing. Trusts can also serve as powerful tools for protecting property. In many cases, placing your home in a Tennessee trust to safeguard it from creditors allows families to maintain control of their assets while ensuring compliance with state law.

Types of Trusts

Trusts can be customized to match your specific needs. Some types include:

Revocable living trust. This is the most common type of trust, providing flexibility and opportunities to modify during your lifetime.
Irrevocable trust. These trusts are difficult to change after creation due to their strict modification requirements, and are used primarily to protect assets from taxes and potential tax benefits.
Testamentary trust. Testamentary trusts are created through a will and are designed to manage assets for minor children until they are adults.
Special needs trust. This type of trust is designed for beneficiaries who have special needs or are disabled to give them support without interfering with their ability to receive government benefits. These are supplemental and can provide for health, education, maintenance, and support.
Charitable trust. Charity trusts can be structured to provide different levels of aid to your beneficiaries and to charitable organizations.
Pet trust. Allows you to set aside funds for your pet and designate who takes care of them.

Once a trust has served its purpose, closing a revocable living trust in Tennessee involves specific steps to properly transfer remaining assets and finalize the arrangement in accordance with state law.

Hire a Trusts Lawyer

Trusts can be confusing and frustrating to establish on your own. If you are interested in making estate-related arrangements, it is recommended that you hire a trusts lawyer. A seasoned Forest Hills trust attorney can assist you at every stage of your trust creation and management. A few services that Emmack Probate and Estate Law Group can provide include:

Advice on which type of trust matches your needs
Drafting documents using extensive legal experience that can help avoid future confusion
Funding the trust properly so that it remains valid
Coordinating the trust with other estate planning documents to maximize benefits
Modifying your trust from the initial draft to accommodate changes
Assisting your trustee and beneficiaries by guiding them through the proceedings and resolving any future disputes

How Much Does a Trust Lawyer Cost in Tennessee?

How much your Tennessee trust lawyer costs is based on the complexity of your case, the work hours it requires, and the size of your estate. An elaborate trust with complicated factors that involve high-value assets will be more expensive than a simple trust with minimal provisions. Different law firms will also have different forms of payment, such as flat fee services or hourly rates.

What Is the Difference Between a Trust and Estate Planning Attorney in Tennessee?

The main difference between a trust and estate planning attorney in Tennessee is the scope of their practice. A trust lawyer focuses primarily on the many details and complications that can come with creating and managing a trust. Estate planning attorneys cover not only trusts, but also all different types of estate planning documents. Both often have significant overlaps in knowledge and experience.

What Are the Benefits of a Will vs a Trust in Tennessee?

In Tennessee, a trust can come with many benefits over a standard will. One key upside to a trust is that it can take effect when you are still alive but become incapacitated, or in other scenarios. Another advantage is that trusts avoid probate at Davidson County Probate Court in Nashville, a lengthy legal process that must go through the court. Finally, trusts offer more flexibility and control over how your estate is managed.

What Are the Most Common Types of Trusts in Tennessee?

In Tennessee, revocable living trusts and irrevocable trusts are the most common trusts created. A living trust can be changed or revoked at any time, becomes active during your lifetime, and can avoid probate. An irrevocable trust is difficult to change once established, but it offers greater protection against taxes, fees, and creditors. Emmack Probate and Estate Law Group can assist you in deciding on which type of trust fits your needs.

Speak With a Forest Hills Trusts Attorney

Emmack Probate and Estate Law Group understands how confusing it can be to establish or manage a trust on your own. Our team has the legal experience, knowledge, and skills that can ease the process and ensure your wishes are met.

Contact us today for a free consultation, where we can discuss which type of trust matches your needs. If you want to drop in to our office, we are located on North 3rd Avenue, just south of Franklin City Cemetery.

Forest Hills Trusts Resources

During the pandemic, it is easy to forget what you need to be doing but not Mrs. Emmack. She researches the law, kept me and others informed on what needs to happen next, and was always professional.

Nancy D.

Shanone Emmack did a wonderful job on my estate documents. She was professional, friendly, and responsive to my questions and concerns. She made the document signing and notarization an easy, quick and simple procedure. Her fee was reasonable and payment…

Michael M.

It was a pleasure working with Shanone. Very professional and efficient.

Doug R.

My situation was somewhat unique and other attorneys I spoke to seemed apathetic. Shanone was kind, helpful and got it done quickly. Very grateful for her help!

Sandy K.

She is amazing,helped me and believed in me when nobody else wanted to hear me out! Let's just say she is a BLESSING!

Danielle S.

I tried to script our wills using NOLO, and I hired Shanone to review them. Ended up having her draft the documents with more precise Tennessee language. (NOLO gave us a great start on the process, but in the future,…

Kim D.

She really helped me out and was always there to answer any questions I had.

Forest Hills Trusts Lawyer