It is never easy to lose a loved one in Tennessee and there is a grieving process that the family will go through no matter what the circumstances were. However, when people die there are also legal matters that need to be addressed to deal with the deceased’s estate. As people are aware people cannot bring their possessions with them when they die. Therefore, the courts need to ensure that these possessions are given to the proper people.
These court proceedings are referred to as probate. Most estates have to go through probate whether the deceased had a will or not, but how difficult the process will be often times depends on whether they did or did not. Either way someone within the family or the named personal representative in the will need to start the probate matter to ensure everything goes to the appropriate people.
In order to do this they need to submit a petition with the court. This petition must contain specific information though in order to be valid. The petition must state the name and address of the petitioner; the name, date and place of death of the deceased; whether there is a will or not and if so name the beneficiaries named in the will; if there is no will the names and addresses of the deceased’s heirs; inventory and fair market values of assets unless that accounting is waived by the will and other requirements as well.
There are many people who have wills in Tennessee and many who do not. While having a will can make the probate process easier and smoother, almost all estates must go through probate. In order to do this a petition must be submitted to the court. As indicated above, this petition must contain very specific and in some situations complicated information. Experienced attorneys understand the probate process and may be able to guide one through it.