Without a qualified Memphis probate attorney to help shepherd you through the process, the Shelby County, Tennessee probate process can be intimidating. In fact, certain courts in Tennessee will not allow non-lawyers to file applications to probate a will or open an estate and will also not allow non-lawyers to represent the estate in Court, not to mention the difficulty involved with deciding the type of probate, navigating the courts and filing processes, and navigating your duties to multiple beneficiaries, without a qualified Memphis probate lawyer guiding you through.
Probate is the legal process of a court acknowledging the death of the deceased, opening his or her estate, appointing an executor to manage the estate, and oversee the payment of his or her bills and distributing his or her estate. Your Cypress probate attorney will file an application to open probate.
This is the person who has passed away and whose estate is to be opened in probate.
Often called a “Will” for short, this is the legal document in which someone describes how he or she would like his or her assets distributed. The Will is the document that the Cypress probate lawyer will apply to have admitted into probate.
An estate consists of all the decedent’s assets. These include cash, bank accounts, safe deposit boxes, real estate (houses, buildings, land, etc.), stocks and bonds, life insurance, investment accounts, vehicles, tools, and personal belongings. Your Cypress probate lawyer will help you inventory these assets once the estate is opened.
These are loved ones named in a will, or heirs determined by the court (if there is no will), who will receive assets from the decedent’s estate.
The person named as the Executor in a Will is charged with managing the estate. These duties include taking an inventory and catalogue of the decedent’s assets; pay debts of the decedent from his estate; pay taxes of the estate; collect monies owed to the decedent and estate; file lawsuits for claims owed to the estate; and distribute assets from the estate to the beneficiaries as named in the decedent’s last will and testament. Depending on your engagement, your Cypress probate law firm can assist you with the probate administration.
When the decedent has died without leaving a valid will (and thus, no executor has been named), your Cypress probate attorney can petition the court to appoint an administrator to carry out the duties of an executor after the court has made a determination of heirship. The court will often appoint one of the primary heirs to act in this capacity but it can be a third party if the heirs cannot agree.
The property of someone who died in Shelby County will be distributed through the Tennessee probate process and under the supervision of the court UNLESS he or she dies and leaves assets that have previously been removed from the jurisdiction of the court through 1) the transfer into a trust, 2) the change of title of an asset to joint ownership with a right of survivorship or to a “transfer on death” title, or 3) the designation of a beneficiary to certain “transfer on death style” accounts, such as life insurance policies, pensions, or retirement accounts. A qualified Memphis probate attorney can help determine what assets to include.
Probate administration is the name of the process whereby the Tennessee probate court, your Memphis probate attorney, other probate counsel (if contested), and other probate lawyers possible hired by the probate court (called Attorney Ad Litem) facilitate the probate process.
For small estates, an experienced Memphis probate lawyer can complete the whole Tennessee probate process within six months. However, if the original will cannot be located, the will does not allow for independent administration, or someone challenges the will, the process could take a year or longer for even the best Memphis probate attorney.
If the decedent dies in Shelby County with a valid last will and testament, the executor or named representative will contact a Memphis probate attorney to receive a consultation and file a petition to open the estate in Shelby County Probate Court.
If the deceased dies in Shelby County, Tennessee with a valid last will and testament, the personal representative named in the will typically reaches out to a Memphis probate attorney. Following a consultation, the Memphis probate attorney will initiate the probate process on behalf of the personal representative.
A petition for probate must be filing by your probate attorney in the proper Tennessee court in the county where the decedent resided or died. See T.C.A. § 30-1-117. Additionally, Tennessee law requires other information and documents to be filed with the petition. See T.C.A. § 30-1-117.
Generally, when the decedent dies with a will, the court will appoint the named personal representative as the executor. However, the named personal representative does not possess any powers over the estate until they obtain letters of administration or letters testamentary. See T.C.A. § 30-1-101. If the Will did not name a personal representative or the named personal representatives cannot serve, the court will appoint an executor that possesses the same power as the personal representative. See T.C.A. § 30-1-115.
Within 60 days of being appointed as executor by the court, the personal representative must notify all heirs and beneficiaries of the probate proceedings. See T.C.A. § 30-2-301(b)(1)(A). In order to notify the beneficiaries, the personal representative must send the beneficiary a copy of the will and a copy of the paragraph which names the beneficiary. See T.C.A. § 30-2-301(b)(1)(A). After sending notice to the beneficiaries, the personal representative is required to file an affidavit with the court stating that the representative delivered notice. See T.C.A. § 30-2-301(b)(3).
Within 60 days of being appointed as executor by the court, the personal representative must create an inventory of the decedent’s assets and have them appraised. See T.C.A. § 30-2-301(a). This requirement can be waived when the Will of the decedent excuses the personal representative from creating an inventory of assets. See T.C.A. § 30-2-301(a).
There are several expenses that must be paid in the order provided by Tennessee law, which is 1) costs of administration, 2) funeral expenses, 3) taxes, 4) creditors. See T.C.A. § 30-2-317. It is important to understand that the expenses and fees must be paid in the order designated by Tennessee law. See T.C.A. § 30-2-317(b). The first expense that must be paid is the cost of administration, which consists of fiduciary bonds, compensation for the personal representative, and attorney’s fees. See T.C.A. § 30-2-317(a)(1). The second expense that must be paid are the funeral expenses. See T.C.A. § 30-2-317(a)(2).
After all outstanding claims and debts are paid, the remaining assets are distributed to the beneficiaries according to the will.
After the expenses are paid and the remaining assets have been distributed, the personal representative must create a final accounting for the estate. See T.C.A. § 30-2-601(a)(3).
Once the final accounting is approved, the court will issue an order to close the estate. Upon the estate closing, the executor will be discharged from their duties.
If the decedent dies in Shelby County, Tennessee without a valid last will and testament, the heirs will contact a Memphis probate Attorney. Following a consultation, the Memphis probate attorney will file a petition for the appointment of an administrator with the appropriate probate court.
When the decedent dies without a valid will, Tennessee law provides that the petition to open the estate can be filed by 1) the spouse of the decedent, 2) the decedent’s next of kin, and 3) any creditors who can prove the decedent’s debt. See T.C.A. § 30-1-106. Your Memphis probate attorney can help to ensure that the petition is filed by the right person.
After the filing of the Petition, the court will appoint an executor of the estate. Preference for the appointment of the executor is 1) the spouse of the decedent, 2) the decedent’s next of kin, and 3) any creditors who can prove the decedent’s debt. See T.C.A. § 30-1-106. In cases where there is more than one next of kin, the court will decide which person will be executor. See T.C.A. § 30-1-106.
Within 60 days of entering administration, the personal representative must notify each residuary distribute by sending a copy of the letters of administration. See T.C.A. § 30-2-301(b)(1)(B). The personal representative must also file an affidavit with the court stating that the representative notified the bureau of TennCare of the decedent’s death. See T.C.A. § 30-2-301(b)(5). Within 30 days of the issuance of letters, the clerk of the probate court is required to post notice to the estate’s creditors. See T.C.A. § 30-2-306(a).
Within 60 days of being appointed as executor by the court, the personal representative must create an inventory of the decedent’s assets and have them appraised. See T.C.A. § 30-2-301(a).This requirement can be waived if all beneficiaries agree to waive the creation of an inventory of assets. See T.C.A. § 30-2-301(a).
There are several expenses that must be paid in the order provided by Tennessee law, which are 1) cost of administration, 2) funeral expenses, 3) taxes, and 4) creditors. See T.C.A. § 30-2-317. It is important to understand that the expenses and fees must be paid in the order designated by Tennessee law. See T.C.A. § 30-2-317(b). The first expense that must be paid is the cost of administration, which consists of fiduciary bonds, compensation for the personal representative, and attorney’s fees. See T.C.A. § 30-2-317(a)(1). The second expense that must be paid are the funeral expenses. See T.C.A. § 30-2-317(a)(2).
The distribution of assets is more complicated for intestate probate cases because there is no will that dictates how assets should be distributed. The surviving spouse of the decedent will receive the entire estate if there are no surviving issues of the decedent; however, the surviving spouse will receive 1/3 or a child’s share if there are surviving issues. See T.C.A. § 31-2-104(a). The rest of the estate not left to the surviving spouse will be split equally between the next of kin depending on the degree of kinship. See T.C.A. § 31-2-104(b). If there is no surviving spouse, the entire estate will be distributed equally between the next of kin depending on the degree of kinship. See T.C.A. § 31-2-104(b).
After the expenses are paid and the remaining assets have been distributed, the personal representative must create a final accounting for the estate. See T.C.A. § 30-2-601(a)(3).
Once the final accounting is approved, the court will issue an order to close the estate. Upon the estate closing, the executor will be discharged from their duties.
The person named as the Executor in a Will is charged with managing the estate. These duties include taking an inventory and catalogue of the decedent’s assets; pay debts of the decedent from his estate; pay taxes of the estate; collect monies owed to the decedent and estate; file lawsuits for claims owed to the estate; and distribute assets from the estate to the beneficiaries as named in the decedent’s last will and testament. Depending on your engagement, your Memphis probate law firm can assist you with the probate administration.
When the decedent has died without leaving a valid will (and thus, no executor has been named), your Memphis probate attorney can petition the court to appoint an administrator to carry out the duties of an executor after the court has made a determination of heirship. The court will often appoint one of the primary heirs to act in this capacity but it can be a third party if the heirs cannot agree.
An estate consists of all the decedent’s assets. These include cash, bank accounts, safe deposit boxes, real estate (houses, buildings, land, etc.), stocks and bonds, life insurance, investment accounts, vehicles, tools, and personal belongings. Your Memphis probate lawyer will help you inventory these assets once the estate is opened.
This is the legal document in which someone describes how he or she would like his or her assets distributed. The Will is the document that the Memphis probate lawyer will apply to have admitted into probate.
These are loved ones named in a will, or heirs determined by the court (if there is no will), who will receive assets from the decedent’s estate.
This is the person who has passed away and whose estate is to be opened in probate.
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