Losing a loved one can be a devastating experience, and dealing with the legal aftermath can add an extra layer of stress. One common concern that many people have after a loved one’s passing is whether or not they’ll have to go through the probate process. 

Probate can be a lengthy and expensive process, so it’s natural to wonder if there’s a way to avoid it. One question that often comes up is whether having a will can help someone skip probate altogether. Here’s a closer look at the probate requirements in Tennessee.

The presence of a will does not avoid probate, but it helps simplify and accelerate the process. There are exceptions to this rule if the estate is valued at less than $50,000. If an estate is worth less than this amount, a small estate affidavit can be filed, which is a simpler and more economical process.

In Tennessee, Does a Will Avoid Probate?

In Tennessee, probate is generally necessary if someone passes away with assets or property in their name. The presence of a will doesn’t negate the necessity of probate, although it does speed up the process and make it more straightforward. While a will isn’t required for probate, it’s an important component of estate planning.

A will identifies how the assets will be distributed and protects those assets so they’re properly distributed after a person’s passing. If no will is present, state law determines who receives the assets. If the decedent had children, the will can express their wishes as to who the children’s guardians are.

The presence of a will alters the state-appointed probate process. The will determines who represents your estate and carries out your wishes rather than the court choosing a third party. 

What is the Purpose of Probate?

The purpose of probate is to ensure that the deceased person’s debts are paid and their assets are distributed according to the will (or according to state law if there is no will). If the deceased person has a will, it must be filed with the court and the executor named in the will becomes responsible for managing the estate during probate. An administrator will be appointed by the court if there is no named executor.

Are There Instances When Probate Isn’t Required?

There are some exceptions to the general rule that probate is required in Tennessee. These exceptions include:

• The estate is worth less than $50,000
• The decedent did not own property
• No petition for an appointment of a personal representative has been filed

A Small Estate Affidavit

In Tennessee, an estate is considered a small estate if it is worth less than $50,000 and there is no real property. In this case, heirs can file a small estate affidavit with the probate court, which is a simpler and less expensive process than regular probate.

A small estate affidavit can be filed if:

• The deceased didn’t own any real property
• Their estate is valued at less than $50,000
• No appointment of a personal representative has been filed
• 45 days have passed since the decedent’s death

When we say “an estate valued at less than $50,000,” we really mean all the assets that make up that estate.  This includes property as well as less obvious belongings, including:

• Bank accounts
• Stocks
• Bonds
• Personal belongings

For other smaller estates valued at less than $15,000, the law allows direct transference of those assets without probate in some instances. This assumes the deceased didn’t own any real property. Additionally, if the deceased person held assets in a trust, those assets may be able to bypass probate and be distributed directly to the beneficiaries named in the trust.

Do you need help with probate? Let our four decades of probate experience simplify the process. Contact us here or call us at 865-453-1091.

While having a will can be an important part of estate planning, it’s not a guarantee that probate can be avoided. However, the presence of a will makes the probate process smoother and less stressful for everyone involved.

If you’re dealing with probate in Tennessee, it’s important to seek the guidance of an experienced probate attorney who can help you navigate the legal requirements and ensure that your loved one’s wishes are carried out. 

At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is making your life easier, which means guiding you through the probate process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.