Tennessee Probate Law
All probate cases are handled by the circuit court. This is not true for every state. Some states, such as Texas have separate courts that handle probates. Tennessee is not one of these states.
Probate laws govern the division of property, assets and the entire estate after someone has died. These laws ensure that creditors are paid what they are owed and that the written will of the deceased is followed and that beneficiaries are given what was left to them by their family member or loved one. Probate essentially involves the disbursement of an individual’s property after their death. If the decedent did not have a will, intestate laws will apply. These laws determine the distribution of assets and inheritance money.
Wills can be revoked and contested. When this happens, the court gets the final say. They can either revoke the will and it becomes invalid. They also will listen to arguments which contest the will. The probate process can be very long and depending on a number of things, it could take years to fully probate a case.
In Tennessee the circuit court has jurisdiction over probate cases. There are no jury trials.
How Long Does Tennessee Probate Last?
The length of a probate is influenced by the effectiveness of the administrator, the caseload of the court, whether or not the will is being contested, the number of benefactors, creditors and the size of the estate. Most probate cases in Tennessee take between 6 months and 2 years to be closed out.
Opening up the estate and the appointment of an administrator are the first steps in a probate case in Tennessee. After this, creditors and benefactors must be notified. Creditors have a right to collect what is owed them. Beneficiaries or heirs will need to identify themselves and then simply wait until the administrator releases the inheritance.
It could take years in probate before the heirs see their inheritance. This is because the entire probate process takes time to get through the system. The case first has to be opened. Then an administrator is chosen.
Tennessee Administrator Duties
The appointment of the administrator is just the beginning of the probate process. The administrator is chosen based on the particular statutes which govern such matters in that particular state. The Administrator has huge responsibilities. They have to take an inventory of the decedent’s estate, assets and properties and then have them appraised. They must also notify all of the decedent’s creditors and beneficiaries. This step could take months. Creditors then have six months to make a claim against the deceased’s estate. If they fail to do so by this time, then their claims become invalid. The administrator has the right to disallow claims.
The less beneficiaries, creditors and creditors that there are and the smaller the estate, the greater the likelihood that the probate will be closed out faster. When there are lots of creditors, beneficiaries or if the will is contested, the probate may take quite a long time, even years.
Probate Advance Loans
In cases where the probate is being dragged out, beneficiaries are in limbo. They must wait until they are paid or given their portion of the estate. These individuals may have to wait years. If they would rather not wait, they can take advantage of inheritance loans. These loans are given and secured by their inheritance. An inheritance cash advance allows beneficiaries to get money right away even if their case is being held up in probate.
Tennessee Probate Resources
Tennessee Inheritance Taxes
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