How To Probate A Will In Tennessee Without A Lawyer?

How To Probate A Will In Tennessee Without A Lawyer?


Table of Contents

  1. Do You Need a Lawyer to Probate a Will in Tennessee?
  2. How Much Does it Cost to Probate a Will in Tennessee?
  3. How Long Do You Have to File Probate After Death in Tennessee?
  4. What is Required to Probate Tennessee?

Do You Need a Lawyer to Probate a Will in Tennessee?

Whether you need a lawyer to probate a will in Tennessee will depend on the complexity of the estate and the wishes of the deceased. In Tennessee, the estate must be probated in the county in which the decedent was last domiciled. That means if the decedent owned real estate and resided in a county other than the one to which the will was submitted, the will must be probated in both counties.

In Tennessee, the court may appoint a lawyer to serve as the attorney for the estate. The court-appointed lawyer ensures that the will is valid and all requirements for probate have been met. The court-appointed lawyer is typically required in cases where there are multiple heirs or a large estate.

If the estate is small and there are no disputes between the heirs, you may be able to probate the will without an attorney. You can do this by filing the will and accompanying documents with the probate court in the county where the decedent was last domiciled. The court will assign a case number and will give you a list of tasks to complete.

How Much Does it Cost to Probate a Will in Tennessee?

The cost to probate a will in Tennessee will depend on the complexity of the estate, the number of heirs, and the services you require. Generally, it will cost between $150 and $1,500 to probate a will in Tennessee. This cost includes court filing fees, publication fees, and costs associated with executing the will. The court will also require an estate tax return and death certificate, which will also incur a fee.

If you hire an attorney, you can expect to pay between $2,000 and $10,000 depending on the complexity of the estate. This cost includes legal fees, court filing fees, and other costs associated with probating the estate.

How Long Do You Have to File Probate After Death in Tennessee?

In Tennessee, probate must be filed within six months of the decedent’s death. The probate court will not accept the will after this time period has lapsed. This six-month time period is known as the “statute of limitations” and it is designed to prevent fraud and other issues.

What is Required to Probate Tennessee?

To probate a will in Tennessee, you will need the following documents:

  • Original or certified copy of the will
  • Proof of death (usually a death certificate)
  • Appraisal of the estate and a list of assets
  • Letters Testamentary (granting the executor the power to administer the will)
  • Inventory and Appraisement of Estate (list of assets and liabilities)
  • List of beneficiaries
  • Estate Tax Return (if applicable)
  • Proof of Notice to Heirs (if applicable)
  • Proof of Service to Creditors (if applicable)

The probate court will also require an accurate accounting of all the assets and liabilities of the estate before it can be closed. This includes filing an estate tax return with the Internal Revenue Service.

Leave a Comment

Your email address will not be published. Required fields are marked *