Probate

Settle the affairs of an Estate Plan in Tennessee

Probate is the process by which property is transferred from one generation to the next. The goal of probate is to gather all of a decedent's property, pay any debts owed, and distribute the estate to the proper beneficiaries. At Ingraham Pautienus & Tidwell, PLLC, located in Brentwood, just outside Nashville, Tennessee, we work with personal representatives to complete the probate process as quickly and efficiently as possible.

The Probate Process

Probate is a court driven process that transfers estate property to beneficiaries and heirs at the time of a person's death. The distribution of property can occur in two ways. When the person who has died has a will, he or she is said to have died 'testate' and the property will be distributed according to the will. However, when the person does not have a will, he or she is deemed to be 'intestate' and the estate will be distributed according to Tennessee law. Thus, in order to distribute your assets according to your wishes, your must have a will, preferably as part of a comprehensive estate plan, in place.

While the law does not require a person to hire a lawyer during the probate process, it can often be beneficial. Probate and estate administration have the potential of being complicated processes. If not familiar with the process, it is easy to make a mistake. A skilled probate attorney can help you negotiate the process. Here is a brief sketch of the probate process:

• Identification or appointment of the personal representative
• Approval and Delivery of Will - Either done by through a self proving clause, or made by written statement
• Inventory and Appraisal of Estate Property
• Notice to Creditors - Written to known creditors and published in the local newspaper for any unknown
• Notification provided to heirs and beneficiaries
• Payment of all estate taxes, debts, and money owed to TennCare
• Payment of remaining estate property to heirs and beneficiaries
• Filing for the final approval and closing of the estate

To learn more about wills, trusts, and probate issues, contact a lawyer at Ingraham Pautienus & Tidwell, PLLC for a free initial consultation. We represent people throughout Middle Tennessee, including people in Brentwood, Murfreesboro, and Clarksville.