Murfreesboro Probate Lawyers
Helping You Through the Toughest Times
When a loved one passes, it may seem like there are insurmountable forces you now have to face. In addition to the grief and pain a you may feel from losing a dear family member or friend, you may also be suddenly confronted with the challenges of probate and potential litigation.
In some states, probate refers to portions of the estate administration process that center on disputes and is a process that many people desire to avoid. In Tennessee, however, probate is a court-supervised process that provides many advantages to the family of the deceased, which is required in a significant number of situations.
Therefore, it is crucial to plan out what to expect during the process, and to determine beforehand how to protect your assets for your family. Navigating through difficult times is hard enough without the complications of sudden legal matters adding to the burden, which is why you should seek counsel from probate lawyers in Murfreesboro.
Let our attorneys at Murfree, Goodman & Rosado, PLLC, guide you and your family through this process with legal experience and personal compassion.
Call us today at (615) 895-7000 or contact us online to learn how our attorneys can protect and preserve your personal choices.
Is Probate Required In Tennessee?
In Tennessee, probate is not always required, but understanding when it is necessary is vital for estate planning. Whether probate is necessary depends on several factors, including the presence of a will, the value of the estate, and the types of assets involved.
If a decedent left behind a will, probate is typically required to validate the will and appoint the executor to manage the estate. However, if the estate's total value falls below a certain threshold, specifically if the personal property is valued at $50,000 or less, a simplified process called the Small Estate Affidavit may be an option, bypassing the need for formal probate.
Assets solely owned by the decedent without designated beneficiaries or joint ownership usually require probate. This includes properties like real estate and bank accounts. On the other hand, assets with named beneficiaries or jointly owned with rights of survivorship typically avoid probate. These may include life insurance policies, retirement accounts, and properties held in a trust.
Consulting with a probate lawyer in Murfreesboro at can help determine whether probate is necessary for your situation. Professional guidance is essential to navigate the complexities of estate administration and ensure that assets are distributed according to the deceased’s wishes and Tennessee law.
When Should You Hire a Probate Lawyer?
An attorney is not strictly required for the probate process. However, there are many probate situations that are best handled with the guidance of an attorney for probate.
A lawyer can help you fill out:
- All appropriate court forms
- Understand state succession laws
- Manage and change complex ownership of assets
- Counsel you on paying estate expenses
- And more
In Tennessee, the probate process typically lasts between six months and a year. It is wise to have identified an experienced probate lawyer who can answer your questions, provide guidance, and give you legal representation, should it become necessary.
Two Key Components of Service That Our Clients Especially Desire Include:
Probate Litigation
If anyone should question part of a will, contest the authorization of the administrator, dispute the shares of a spousal claim, or even question the terms of guardianship, it is essential to have a highly experienced legal team break down these terms for you and ensure that your prioritized choices are taken care of.
Estate Administration
Probate litigation is just one small component of the entire process of carrying out all issues in disseminating:
- Personal possessions
- Finances
- And property
During this event, the executor will have to first determine what has been left by the deceased in terms of both assets and debts, before figuring out how to pay back these debts or collect finances accrued.
Finally, the process also includes dispersing the deceased’s remaining property and money to the beneficiaries.
What Assets Should Be Protected?
Some assets will pass on to your family or other designated beneficiary without having to go through the probate process. Other assets will be passed in accordance with the probate court’s instruction (and your will).
Allow our attorneys to work with you and your family to identify these different types of property and coordinate the smooth transition of property after the passing of a loved one.
Through the probate process, the executor – also commonly referred to as an administrator or personal representative – will be called upon to provide stability and financial decisions.
Collecting the deceased’s money and opening a checking account for the estate, for example, might be one responsibility. This checking account can be used to pay off debts or taxes still owed by the estate.
Can Probate Be Avoided?
In Tennessee, probate can often be avoided with proper estate planning. Utilizing strategies like setting up a revocable living trust, establishing joint ownership with rights of survivorship, and designating beneficiaries on accounts can help bypass the probate process. These methods ensure that assets are transferred directly to beneficiaries without court intervention. Consulting with a Murfreesboro probate lawyer can provide personalized advice and develop an estate plan tailored to your needs. At Murfree, Goodman & Rosado, PLLC, our attorneys are well-equipped to guide you through these effective probate avoidance strategies.
Reliable Consultations Statewide
When you have questions regarding your estate, or you need advice about how to help your surviving heirs avoid legal battles after your passing, we encourage you to schedule a consultation at our firm, Murfree, Goodman & Rosado, PLLC. Our probate lawyers in Murfreesboro are prepared to help clients statewide.
Contact us now at (615) 895-7000 to put our wisdom to work for you.