Probate Information

Probate is the word used to describe the activity of taking care of the assets and debts of a deceased person under the protection of the law, typically a probate court. Once an estate is administered through the orders of a probate court, one is assured that all the deceased person's assets were legally distributed to the proper persons (heirs) and that all the deceased's debts were legally paid or denied.

Every county in Tennessee has a Probate Court. There is no requirement of a Last Will and Testament (Will) for a deceased person's estate to be probated, but having a Will is helpful and sometimes less expensive. Probate attorney fees begin at $1800 and the court costs are generally about $200, which includes all newspaper publication. The procedure usually takes from five to twenty-four months, depending on how big the estate is and how many heirs there are.

Avoiding Probate
Probate, although not an ugly or expensive matter, is sometimes not desirable. Many people avoid probate by making deeds, trusts and other transfers before they die. Any adult with enough assets should think about what might happen to those assets if he or she suddenly died. A consultation at one of the law offices or in your home can be arranged by contacting us. The fee is $35 at the office and $60 in the home for less than one hour.

"Mini" Probate
Tennessee has a quick probate for transferring ownership of real estate from a deceased party to another in situations where it is clear in a Last Will and Testament that such was what the deceased intended. This type of probate is often handy where the deceased only has one home or parcel of land as the sole asset needing a transfer of title and there are no debts in the deceased's name. There are other situations where this probate is useful. This attorney has nicknamed the Muniment of Title Probate as "Mini Probate." The cost of "Mini-Probate" is usually about $500 and the court costs and recording fees are about $100.

Another "mini" probate is for small estates of less than $25,000. Many families can do this probate themselves. Click on the free Small Estates form. This attorney charges $500 for probating a small estate, simply because it remains open for two years.