Losing a loved one is a difficult experience for anyone. Having to navigate the probate system can only add to the stress. One of the most common Tennessee probate questions we receive is, “How much does probate cost?”
Probate costs in Tennessee are generally paid out of the decedent’s estate. The executor or heirs are not paying out of pocket. The costs to the estate can be a few thousand dollars or more, depending on the complexity of the estate. Hiring an experienced lawyer can help you avoid mistakes and reduce stress.
How Much Does Probate Cost in Tennessee?
Cost is one of the most common Tennessee probate questions. The entire probate process can range anywhere from a few thousand dollars to tens of thousands depending on the particular estate.
The variables affecting cost include the size of the estate, the number of claims against it, and if there are disputes among the beneficiaries.
The complexity of the decedent’s estate can also play a role in the cost of your probate case. For example, if the decedent owned real estate outside of Tennessee, this is more complicated than if they only held property within the state.
Some of these factors can be difficult to ascertain at the start of the process, but others are easier to estimate. For probate in Tennessee, you can estimate some of the costs including:
- Court fees
- Attorney fees
- Executor fees
From there, you can begin to look at other expenses including paying off creditors and taxes. Other fees may include accounting and appraisal fees.
Court Fees
Court filing fees can vary from county to county in the state of Tennessee. It typically ranges from $100 to $600. You can call the probate court in the county where the decedent lived to learn what to expect when submitting a court file.
Attorney Fees
Similarly to court fees, your attorney fees can vary depending on what firm you choose. Hourly rates can vary from $150 – $400. Many probate lawyers have moved to a flat rate structure so you know what to expect throughout the process. At Johnson, Murrell & Associates, we show complete transparency, informing you of the cost upfront and charging a flat fee for the services provided.
Contact Johnson, Murrell, & Associates to begin the probate process.
Executor Fees
Executors and personal representatives can also be paid for their services in the state of Tennessee. Once again, this amount comes from the estate. Unless it’s specified in the will, the probate court determines a reasonable amount for the executor to receive. The executor cannot set their own salary, so to speak.
Other Fees & Expenses
There are other possible fees and expenses you may encounter during probate. This can depend on the debts and assets owed and owned by the estate.
Other fees and expenses during probate may include:
- Appraisal fees
- Accounting fees
- Taxes
Appraisal fees may be necessary when estimating the market value of real estate or other property. You may need to hire an accountant for some aspects of the probate process, resulting in accounting fees.
The decedent may still owe taxes, so it’s important to pay those off along with other debts before the assets can be split among the beneficiaries. To clarify, taxes are paid out of the decedent’s estate. An executor is not personally liable for the decedent’s tax bill.
Do I Need a Probate Lawyer?
It is possible to do probate on your own, but it’s not recommended. Probate can be a complex and time-consuming process. By hiring an experienced attorney, you can have all of your Tennessee probate questions answered and handled by a professional.
You shouldn’t have to worry about the intricacies of your passed loved one’s estate or comb through every bill they owe when you’re healing from their death. A probate lawyer can carry the burden for you so you can focus on what matters most.
A probate lawyer can help you:
- Navigate the legal process
- Negotiate with creditors
- Handle beneficiary disputes
- Manage debt claims filed against the estate
- Represent you in probate court
- Submit paperwork
- Avoid making mistakes
Learn how long you have to file probate in Tennessee
Negotiate with Creditors
Creditors must be notified of the decedent’s death so they can make any necessary claims. This is done first through the probate clerk’s office when a petition is filed and the original will and death certificate are deposited.
Paying off creditors can be straightforward in cases where there is enough money from the estate to cover taxes, funeral costs, and medical debts. On the other hand, getting legal advice is ideal if there isn’t enough money, since state law may prioritize some debts over others.
Handle Beneficiary Disputes
Losing a loved one is hard enough, but trouble among family only makes it worse. Although rare, a contested will is a clear sign that you will need a probate lawyer. These types of issues can destroy families and drain money from the estate in the process. Hiring an experienced attorney will help you avoid going to court as well as protect your family and the estate.
Contact Johnson, Murrell, & Associates for Your Tennessee Probate Questions
Since 1976, Johnson, Murrell, & Associates has provided legal services to Sevierville and the East Tennessee area, including:
When you choose us, you are choosing a team that understands how legal issues affect you, your family, and your business. We provide the much-needed detail and attention you need to get the results that you want.
Do you need help with probate in Tennessee or another legal issue? Contact us today to schedule your free consultation!
The Tennessee probate process can cost as little as a few thousand or as much as tens of thousands of dollars. The final cost that you pay will depend on a variety of factors, but court, attorney, and executor fees can be more easily estimated. An experienced lawyer can help streamline the process and reduce stress for clients no matter the size of an estate.
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 to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.
