The loss of a loved one can be devastating. At Turner Law Offices, P.C., our Nashville probate attorneys understand how hard the death of a loved one can be on the family, both emotionally and financially. You can count of one of our caring, compassionate probate lawyers to guide you through the probate process and to minimize the frustration normal in the legal process. Our probate team has extensive experience in large high asset estates, small estate administration, and will contest litigation.
Probate is a commonly used term after the death of a loved one. Probate, however, has specific legal meanings, and basically means that a Last Will & Testament is presented to the Probate Court to determine the validity of the Will, then to make sure that all of the valid, legal debts are paid and the remaining assets are distributed pursuant to the Will. “Probating a Will” simply means the legal process of determining whether a Will is legally valid and then following the directives contained in a will.
Generally speaking, personal property owned solely in the name of the deceased person is subject to the probate process. All jointly owned personal property and real estate passes outside the will, and is generally not part of the probate estate. Life insurance proceeds are not part of the probate estate unless the life insurance policy names the estate as the beneficiary. Accounts that name a beneficiary, i.e. retirement accounts, 401K, etc., are not part of the probate estate.
The general steps of the legal probate process are the following:
If there is a will and the value of the estate is less than Twenty Five Thousand Dollars ($25,000.00), a small estate administration is a quicker, less expensive option in some cases. This process is similar to “probating a will”, but is done in a less formal manner and is generally done via a Small Estate Affidavit. The affiant is the personal representative, and is required to pay all legally valid debts and distribute the remaining assets pursuant to the directives of the will.
If a person dies without a will, the legal process is called Intestate Administration. The probate process is very similar; however, the property of the deceased passes based on the law of intestate succession. Intestate succession is very complicated, and only an experienced probate attorney can effectively administer the estate. The general steps of the administration process are the following:
In addition to decedents estates, the Probate Court handles the following types of cases:
The probate processes is extremely complicated to people without prior experience in handling these matters. Turner Law Offices, P.C. works closely with our probate clients to timely and effectively handle probate matters in a competent, compassionate manner. Hire a probate lawyer who understands probate practice and has experience handling complex probate matters. Request Free Consultation Online or call our office today and schedule your free in person meeting with one of our probate attorneys.