Clinton Probate Lawyer
Losing someone you love is one of the hardest things you will ever experience. The last thing you want to think about during this difficult time are court proceedings. Whether you need help administering a small or large estate, or need help through the probate process, our experienced Clinton probate lawyer is here to help.
What is Probate?
Many people are familiar with the term ‘probate,’ but do not really understand what it is, or what the process entails. When a person passes away and has left a will behind, the probate process ‘proves’ the document, or establishes its validity. Probate is also the legal process that determines how property in an estate is distributed upon a person’s death. Property can be distributed according to the provisions within a will, or according to the interstate laws of the state. Creditors can also make claims against the estate during probate and if a claim has credit, the debt is paid from the estate.
Non-Probate Assets
Contrary to what many people believe, not all property has to go through the probate process. Probate mainly addresses property a decedent has in their name only. Property that does not usually have to go through probate includes:
- Property held in tenancy by the entirety
- Property held in joint tenancy
- Proceeds held in life insurance policies
- Payable-on-death bank accounts
- Assets in a living trust
- Retirement accounts
- Property registered in transfer-on-death form
The Probate Process in Clinton
The probate process is a court-supervised method of transferring your property within the estate. There are many steps involved in the process and they are as follows:
- The court will determine if property is subject to the probate process.
- The will is submitted to the court to determine if it is valid. A self-proving will is one that was signed by a notary and does not require witness testimony. If a will is not self-proved, witnesses may have to appear to testify about the validity of the document.
- The executor, or the personal representative of the estate, is appointed. If the will names a personal representative, they will be appointed. The court will choose a personal representative when there is no will.
- The beneficiaries and creditors are notified of the opening of the estate.
- The personal representative gathers the property of the estate.
- Debts owed by the estate are paid.
- Assets are distributed to the beneficiaries according to the will or the intestate laws in Tennessee.
- The estate is closed.
Our Probate Lawyer in Clinton Can Help You Through the Process
The probate process in Tennessee is one that can be long, expensive, and exhausting. At Fox, Farley, Willis & Burnette, our Clinton probate lawyer can make it much easier. Our seasoned attorney knows the pitfalls to avoid and will guide you through every step so the process is as easy as possible for you and your family. Call us now at 865-457-6440 or contact us online to request a consultation with our experienced attorney and to get more of the information you need.
