Probate is a legal process that may be necessary for distributing assets after someone has passed away. This complicated process gives a designated individual the authority to gather the deceased's assets, pay debts and taxes, and eventually transfer assets to the inheritors. The probate process in Tennessee typically takes six months to a year but can be longer depending on the complexity of the estate or any disputes that may arise. At Smittick Law Firm, we understand the importance of the lengthy and often stressful probate process. So, we do our best to make it a streamlined and stress-free experience for each client.
Only assets owned by the deceased in their name need to go through probate. This includes joint tenancy property, tenancy by the entirety property, payable-on-death bank accounts, assets registered in transfer-on-death form, life insurance proceeds, retirement accounts, and assets held in a living trust.
The Tennessee probate process is relatively efficient when compared to other states. This is because the state has created several measures designed to streamline the process as much as possible.
When a person dies, their estate must go through probate to be distributed according to their will or, in some cases, intestate law. In Tennessee, this process begins when an executor in the will brings the original, signed will to their county's probate office and files it with the court clerk. Once this occurs, letters of testamentary are issued to the executor through a court order; these grant them authority over estate assets in instances where there is no will in place, a close family member of the deceased (usually their surviving spouse or adult child).
The probate process can be complicated and overwhelming, but our experienced probate attorney can help. At Smittick Law Firm, we can assist with managing the probate estate, including opening a checking account for the estate, paying estate expenses from the deceased's funds, and obtaining a taxpayer identification number from the IRS. We can also help notify creditors and provide them with a copy of the will.
The probate process can be complex, especially if there are disputes over the will or the distribution of assets. Our probate law firm is here to help ensure the process goes smoothly and efficiently. We can also advise on how to avoid probate for your assets. Contact us today to learn more.
At Smittick Law Firm, located in Memphis, TN, we understand the various benefits of hiring a probate lawyer. One of the main advantages is preventing personal liability for the executor. If the executor makes mistakes in managing the assets, paying creditors and heirs, or failing to obtain court approval before taking specific actions, they may be held personally responsible. A probate lawyer can ensure that everything is handled correctly to avoid this risk.
A probate lawyer can ensure everything is done correctly and efficiently, minimizing delays. Another benefit of hiring a probate lawyer is the ability to speed up the process. The probate process can be extended for several years if the executor does not correctly prepare and file the necessary documents on time.
In addition to saving time for the executor, hiring a probate process lawyer can also minimize the potential for disputes. If the probate process is handled effectively and efficiently, the risk of expensive and time-consuming litigation is significantly reduced. A probate lawyer can help resolve any disputes early in the process, minimizing costs for all involved.
The probate process can be emotionally difficult for families, and having a professional handle the legal aspects can help minimize the burden on the family. Our probate wills attorney can mediate between the executor and the heirs, helping prevent interpersonal conflicts. At Smittick Law Firm, our experienced attorney can also help reduce stress on the family during the probate process.
Hiring a probate lawyer at Smittick Law Firm in Memphis, TN, can help ensure that the probate process is completed smoothly, efficiently, and with minimal stress on the family. Contact us today to learn more.
