Nashville Executor Lawyer

Executor Attorney In Nashville, TN

Losing a loved one is never easy. There are often countless personal concerns in the weeks and months after a death that can make handling an estate on your own overwhelming. A skilled Nashville executor lawyer can guide you through this difficult period, assisting you with confusing legal language, managing assets, resolving disputes between beneficiaries, and other common issues. It is also helpful to understand the Tennessee probate process so you know what to expect during each legal phase.

About Us

At Emmack Probate and Estate Law Group, we’ve spent years helping the people of Franklin, Nashville, Brentwood, and cities throughout Middle Tennessee with their estate planning cases. Our lead attorney, Shanone Emmack, takes a client-focused approach to the law, offering one-on-one representation and a personalized approach for those she assists. As a dedicated Nashville probate lawyer, she ensures that every estate is handled with the precision and care it deserves.

Overview of Executor Laws in Tennessee

A 2025 survey found that 24% of Americans had a will, 13% had a living trust, 4% had other arrangements, and 59% no estate plan whatsoever. As a result, the vast majority of estates across the nation will go through probate and require an executor. Many people ask does the executor of a will have the final say in Tennessee, which makes understanding your legal boundaries essential.

The executor is the party named in a will or similar estate planning document who is responsible for carrying out the deceased’s wishes. To qualify as an executor, an individual must be over eighteen years old, of sound mind, and have never served a prison sentence.

If an executor is not predetermined, the courts resort to a set hierarchy to establish a personal representative. The order of operations begins with the decedent’s spouse, then the next of kin, and finally a creditor. It is at the court’s discretion to decide on a personal representative if multiple children wish to serve. Our professional Nashville estate planning lawyer team can help you name these roles in advance to avoid court-appointed representatives.

Probate cases in Nashville are processed through Davidson County Circuit Court at 1 Public Square in Nashville.

Executor Responsibilities

The executor or personal representative must be confirmed by the courts and receive letters of administration or letters testamentary. Once authorized, they are responsible for a few key actions, including:

• Notifying interested parties. The executor must notify creditors and beneficiaries that probate has begun.
• Creating a full inventory of estate assets. They must appraise the value of all estate property, categorize it, and provide a complete list to the courts.
• Paying debts. Before any beneficiaries can receive assets, all remaining creditors and debts must be paid out by the executor.
• Distributing belongings. After all debts are settled, the executor is responsible for distributing the remaining estate to all beneficiaries and heirs. You should also be aware of beneficiary rights in Tennessee to ensure you are fulfilling your fiduciary duties correctly.
• Closing the estate. The final act an executor must take is to draft an account of all actions and petition the courts to close the case. Once approved, their responsibility ends.

Hire an Executor Lawyer in Nashville, TN

Hire an executor lawyer to help you with your probate proceedings. Your Nashville executor attorney can be with you at each stage of your case. A few key services that Emmack Probate and Estate Law Group can provide include:

• Drafting and filing paperwork. The legal documents used in the probate process must use exact language and meet strict deadlines. Experienced legal counsel can petition the court to open probate, issue notices to interested parties, and handle all other required filings.
• Inventory and appraisal. Larger estates can be complex and overwhelming to manage independently. Emmack Probate and Estate Law Group can assist with the inventory and appraisal stage and connect you with forensic accountants and similar professionals who can expedite the process.
• Maintaining clear separation of assets. A frequent source of conflicts and complications in probate is an executor who commingles their assets with the deceased’s. We can help establish needed accounts and maintain clear documentation of distinct transactions.
• Representation in executor disputes. If someone disputes your appointment as executor or contests the process, your attorney can represent you in subsequent legal proceedings and advocate for you both in and out of court.

FAQs

Do You Need a Lawyer for the Executor of the Estate in Tennessee?

In Tennessee, you do not need a lawyer to act as the executor of the estate in any case. However, choosing someone with extensive legal experience can be beneficial to the proceedings. Knowledgeable legal counsel can meet deadlines, avoid easy mistakes, diffuse potential disputes, and bring unique insight into probate law. Our trusted Nashville wills lawyer can review the document to ensure the transition of power is seamless.

How Much Does an Executor Lawyer Cost in Tennessee?

How much your Tennessee executor lawyer costs depends on the complexity of the case, whether there are disputing parties, and the workload of your case. A simple will with minimal details and a speedy probate tends to cost less than a high-value estate with multiple disputing parties that require litigation. In your initial consultation, your attorney can provide an estimate for what your final bill may be.

How Long Does Probate Take in Tennessee?

The length of probate in Tennessee varies based on the court’s workload, the complexity of the estate, and whether there are contested issues. An estate with minimal assets and no disputes may take a few months, while cases involving litigation or complex provisions may take a year or longer. You can learn more about how long probate takes in Tennessee to better manage beneficiary expectations. Your executor attorney can review your situation and provide a general timeline.

Who Is the Executor if Someone Dies Without a Will in Tennessee?

If someone dies in Tennessee without a valid will, the deceased’s estate goes through intestate succession. For these types of probate proceedings, the court appoints a personal representative instead of an executor. The judge utilizes a set priority list to determine this person, beginning with the spouse, then an adult child, and finally a creditor. Dying without a named executor can cost loved ones time, money, and cause interfamily disputes.

Speak With a Nashville, TN Executor Attorney Today

Our team at Emmack Probate and Estate Law Group knows how challenging the time after a loved one’s death can be. We can use our years of experience and legal knowledge to address any issues that arise and make a positive difference in the probate proceedings.

Contact us today to schedule your initial consultation with a Nashville executor lawyer. In this meeting, we can discuss your executor-related needs, explain your options, and aid you in your estate planning concerns. You may also visit our Franklin office, located on Third Avenue North, a block northwest of Franklin City Hall and southwest of Bicentennial Park.