Franklin Probate Lawyer

Franklin Probate Attorney

When a person passes away, their estate is typically required to pass through the legal process known as Probate. This process involves many steps that must be completed, with the final result being the distribution of the deceased person’s assets to their heirs according to the will. If no will exists or the existing will was proven to be invalid, the assets are distributed according to state law. A skilled Franklin Probate Lawyer can assist in navigating this complex process to ensure everything is handled properly.

At Emmack Probate and Estate Law Group, I offer experienced legal representation to individuals involved in any type of probate matter. This includes assisting executors or personal representatives whose role is to administer the estate under the supervision of the court. If you have been designated in such a role, I can assist you in fulfilling your fiduciary duties in carrying out your legal obligations in accordance with the highest standards.

I also provide legal help to other parties who may have concerns or issues with the probate process. When you need a dedicated attorney on your side, turn to Franklin probate lawyer Shanone Emmack.

Understanding the Probate Process in Tennessee

The probate process includes the following obligations and duties:

• Filing an application for probate and the appointment of an executor or administrator
• Notifying beneficiaries and heirs
• Conducting an inventory and appraisal of the estate assets
• Collecting the assets
• Identifying the decedent’s creditors
• Paying the decedent’s debts to creditors
• Filing the decedent’s final income taxes
• Paying any applicable estate taxes
• Distributing the remaining assets to the beneficiaries

As your Franklin probate lawyer, I can help you successfully navigate through all complex probate matters in Tennessee.

The Probate Process in Tennessee

Probate in Tennessee can take anywhere from six months to a year, depending on the specific circumstances of the estate. The duration of probate can be influenced by factors such as the complexity of the estate, the presence of a will, disputes or court fights over the will, unusual assets, and creditor claims. Generally, it takes a minimum of four months following the time of first publication to fully probate an estate.

However, if there are complications or disagreements, the process can take longer. It is advisable to consult with an attorney specializing in estate law for personalized guidance on the probate process in Tennessee.

Essential Documents Needed for Probate Court in Tennessee

When your family is grieving the death of a loved one, facing probate court can be an overwhelming and difficult experience. One of the first steps to successfully undertaking probate is to ensure you have the necessary documents when heading into probate court. In some cases, there may be disputes regarding the validity of a will or trust, or conflicts over how assets should be distributed. In these situations, trust litigation may become necessary to resolve disagreements and ensure that the decedent’s wishes are properly carried out. This can provide you peace and clarity during this difficult time. The essential documents to bring into a probate court proceeding include:

• The Last Will and Testament: This is a legal document created by the deceased that outlines their wishes for their estate after their passing. It may appoint the executor of the estate who will manage the estate throughout the probate process. If there is no valid will, the courts will appoint an administrator, and the estate’s assets will be distributed through the state’s intestacy laws. This may or may not align with the deceased’s wishes.
• Death Certificate: A certified copy of the death certificate of the deceased will be required for the probate process to begin. This document can validate the death and provide the necessary information such as the date and cause of death. It is important to obtain multiple copies of the death certificate.
• Letters of Administration or Letters Testamentary: These documents will allow the executor or the administrator the legal ability to act in their role. This will allow the individual to begin handling all payment of debts and distributing all assets.
• Inventory of Assets: This document will provide an inventory of all the assets owned by the estate, such as real estate, bank accounts, investments, and any other assets.
• Statements of all Financial Accounts: Statements of bank accounts, retirement accounts, and investment accounts give the probate court an accurate picture of the financial holdings of the estate.
• Documentation of Debts and Liabilities: This document will show all the debts and liabilities owed by the estate. The executor can pay these off with the assets of the estate before distributing the remaining assets amongst the beneficiaries.

FAQs

What Assets Must Go Through the Probate Process in Tennessee?

In the state of Tennessee, there are several assets that must process through the probate courts following the death of an individual. These assets typically include all real estate property, vehicles owned by the estate, personal property such as jewelry, clothing, antiques, and other collectibles, and certain bank or financial accounts.

How Much Does a Probate Lawyer Charge in Tennessee?

It can be difficult to offer an exact number as to how much a probate lawyer may charge in Tennessee. There are several different factors involved that impact the final cost analysis of a case. These factors include the duration and complexity of the case, as well as the skill level, effort, location, and experience of your attorney.

What Is the Average Fee for an Executor of an Estate in Tennessee?

It can be difficult to determine an exact average fee for an executor of an estate in Tennessee. The fees can fluctuate depending on the complexity and nature of the estate. Typically, an executor takes a certain percentage from the estate for their fee once all debts have been paid.

How Long Does the Probate Process Take in Tennessee?

The Tennessee probate process can vary in length from case to case. There are several factors that may impact the time frame. These factors can include the size of the estate, the number of assets and debts in the estate, any disputes between the beneficiaries regarding the will, and any conflicts between the executor and the beneficiaries.

Contact Franklin’s Trusted Probate Attorney for a Free Consultation

Get the help you need in a Tennessee probate matter by contacting Emmack Probate and Estate Law Group online or at 615-920-0906. Your initial consultation is FREE.

SHANONE EMMACK

Shanone strives to make each of her clients a priority and will work with you to develop a strategy that will serve your individual case.

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Let’s Get Through It Together

The probate process can be intimidating and confusing. If you have been made responsible for the process with a fiduciary duty to all parties involved, you are obligated to act in the best interests of those parties. Having the assistance and support of a probate attorney can be invaluable to ensure that you are acting in accordance with the law.

Executors and personal representatives can be subject to legal claims and lawsuits by beneficiaries if they believe fiduciary responsibility has been breached. For these reasons and because probate can be a complex matter to those without experience in managing it, I recommend that you get the legal assistance you need from a trusted Franklin probate attorney. I can work closely with you to help you work through and complete the process effectively.

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Trusted Representation Throughout Middle Tennessee

My experience in helping probate clients extends to individuals involved in the probate process as executors, personal representatives, beneficiaries, and other interested parties. If you have questions, concerns, or need guidance with a probate matter, please do not hesitate to call on me. I take pride in providing detailed, personalized, and competent legal representation from start to finish.

Contact Our Experienced Probate Lawyer Team for Legal Assistance

Contact my firm online or at 615-920-0906 today to work with an experienced Franklin probate lawyer. Serving clients in Brentwood, Nashville, and the Counties of Williamson, Davidson, & Rutherford.