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.

Nashville Trust Administration Lawyer

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Trust Administration Attorney In Nashville, TN

Trusts offer a flexible and nuanced approach to estate planning. However, this flexibility can also add confusing, overwhelming, and frustrating elements to the process. If a loved one has recently died and appointed you as trustee, a skilled Nashville trust administration lawyer can help you with your case. They can guide you through each step and assist you in properly managing the trust. It is also helpful to understand the Tennessee probate process to see how trusts effectively bypass these court-supervised proceedings.

nashville trust administration lawyer

About Us

Our team at Emmack Probate and Estate Law Group is committed to helping the people of Nashville, Franklin, and surrounding Middle Tennessee cities with their trust administration cases. Lead attorney Shanone Emmack has experience handling estate planning matters ranging from simple wills to complex, interlocking trusts. She utilizes a personalized, client-focused approach that prioritizes your unique concerns. As a professional Nashville trusts lawyer, she ensures every fiduciary duty is fulfilled to the highest legal standard.

Overview of Trust Administration Cases in Tennessee

Trusts can be a critical tool for estate planning in Tennessee that is underutilized. A 2025 survey found that, out of the 41% of people with estate planning documents, only 13% had a trust. The most common choice was a will, at 24%. One misconception about trusts is that they are for the ultra-wealthy, when in reality they can benefit Tennesseans across all income levels. Trustees should also be aware of beneficiary rights in Tennessee to maintain transparency and avoid legal disputes.

Trusts are a legal arrangement that functions as a separate legal entity to which the grantor can add assets and dictate how they are distributed when they die or are incapacitated. Upon creation, the grantor names a trustee who has a fiduciary responsibility to carry out their wishes, and names beneficiaries who receive property from the trust. Trusts can take many forms, including:

Revocable living trusts
Irrevocable trusts
Special needs trusts
Irrevocable life insurance trusts
Testamentary trusts
Tennessee Investment Services Trust

What Is Trust Administration?

Trust administration is the process by which the grantor’s wishes are met. The exact proceedings change on a case-by-case basis. If the named trustee refuses or is unable to serve, a successor trustee, unanimous agreement among qualified beneficiaries, or a court-appointed party assumes responsibility. Our firm can assist if you need to close a revocable living trust after death in Tennessee to ensure all final tasks are completed.

Once the trustee is established, they are responsible for managing the trust administration proceeding. Key actions required include:

Identifying and securing all trust assets
Notifying beneficiaries in accordance with state regulations
Paying outstanding debts and applicable taxes
Managing trust assets and investing prudently
Supplying periodic reports to beneficiaries regarding actions taken
Distributing property to beneficiaries

Hire a Trust Administration Lawyer

Serving as a trustee can be overwhelming and stressful to handle alone. After assuming this responsibility, hiring a trust administration lawyer can help simplify the process. Your Nashville trust administration attorney can guide you through each step, help you avoid common mistakes, and assist with all aspects of your case. Key services Emmack Probate and Estate Law Group can provide include:

Reviewing the trust and explaining responsibilities. Trust language can be confusing, with complex provisions that are difficult to interpret. We can review the trust, explain your duties, clarify unclear wording, and outline what is required to fulfill the grantor’s wishes.
Drafting necessary paperwork. Trust administration cases require a wide range of notices, reports, and other paperwork. When you hire a trust administration lawyer, they can draft all necessary documents to ensure everything is legally sound.
Carrying out the grantor’s wishes. Some terms of a trust can be hard to complete on your own. A dedicated Nashville revocable trust attorney from our team will provide the technical support needed for asset transfers. Emmack Probate and Estate Law Group can assist in managing assets and advise you on how to follow the grantor’s wishes.
Resolving disputes. Tensions between family members and beneficiaries are often high after the grantor’s passing or incapacitation. Experienced legal counsel can help resolve disputes as a necessary third party that finds solutions before litigation is required. If a disagreement cannot be settled, our reliable Nashville trust disputes lawyer will advocate for the trust’s integrity in court.
Court representation. If a claim reaches court, your attorney can represent you in the proceedings. They can fight for you and advocate for your interests in all hearings, both in and outside of Davidson County Chancery Court.

FAQs

Do You Need a Trust Administration Lawyer in Tennessee?

Tennessee does not legally require you to have a lawyer to manage a trust. However, hiring legal counsel can come with many key benefits. Trust administration cases can be complex, with simple errors resulting in delays and potential litigation. Our trusted Nashville estate planning lawyer will help you fulfill the grantor’s intent while mitigating risk. An experienced attorney can avoid mistakes, match the grantor’s wishes, diffuse any potential disputes between beneficiaries, and bring needed knowledge to the proceedings.

What Cannot Be Held in a Tennessee Trust?

When managing a trust in Tennessee, it’s important to know what can and cannot be included. One key provision that cannot be included is a retirement account while the grantor is still alive. This includes 401(k)s, IRAs, Roth IRAs, and pension plans. These assets require alternative processes. Although you can include life insurance policies in a trust, it is often discouraged, as it can cause additional tax complications. You should also see if you can put your house in a trust to avoid creditors in Tennessee for enhanced asset protection.

What Is the Most Common Type of Trust in Tennessee?

The most common type of trust used in Tennessee is a revocable living trust. The key reasons why it is often chosen are that it is easy to modify, avoids probate, and can become applicable before death. Another frequent choice is an irrevocable trust, which cannot be changed easily, but can offer enhanced protection from creditors and can be used to provide supplemental aid to beneficiaries with special needs while still eligible for government benefits.

How Long Do Trust Administration Cases Take to Resolve in Tennessee?

How long your trust administration case takes to resolve depends on the type of trust, whether it is contested, and the complexity of the estate. A simple revocable trust with minimal provisions, plain terms, and a small group of beneficiaries can take a few months. A high-value complicated trust contested by multiple parties and with many interested parties can take many months or years to resolve. Your attorney can provide a rough timeline for your case.

Speak With a Nashville Trust Administration Attorney Today

Emmack Probate and Estate Law Group understands how difficult it can be to serve as a trustee while grieving. Our experienced Nashville trust administration lawyers can assist you at every stage and make a meaningful difference throughout the process.

Contact us today for your free initial consultation to discuss your trust concerns and explore potential solutions in your case. You may also visit our Franklin office, located on Third Avenue North, a block northwest of Franklin Public Square and southeast of Mt. Hope Cemetery.

Nashville, TN Trust Administration 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.