Knoxville Probate Lawyer

When someone you love dies and leaves a house, a bank account, or a business behind, you face an immediate question: does the estate have to go through court, and who is supposed to handle it? Fox, Farley, Willis & Burnette is a Tennessee law firm that represents families and injured people in Knoxville, Knox County, and throughout East Tennessee, and a Knoxville probate lawyer can help you answer that question before small problems turn into disputes.

In Knox County, probate and estate matters belong to the Chancery Court unless a case has been properly assigned elsewhere. That court oversees the process of proving a will, appointing a personal representative, collecting assets, paying debts, and transferring what is left to the people entitled to it. Some estates move quickly. Others stall because a will cannot be found, family members disagree, or a death was caused by someone else’s negligence and a separate claim has to be pursued alongside the estate.

That last situation matters more than most families realize. A death caused by a car crash, a trucking collision, or an unsafe property can create both an estate to administer and a wrongful death claim, and the two run on different clocks.

Why Choose Fox, Farley, Willis & Burnette for Estate and Probate Matters

Families in Knoxville turn to Fox, Farley, Willis & Burnette for probate matters because the firm pairs practical, personal guidance with the depth of an established Tennessee law firm. Its attorneys are regularly voted among Knoxville’s Top Attorneys by CityView Magazine and hold leadership roles in bar associations across the region.

Estate work is rarely only about documents. The firm takes time to understand family relationships, property, and long-term goals before recommending a plan, and it explains the probate process in plain terms so executors and heirs understand their roles and responsibilities.

Situations That Bring Families to a Probate Attorney

• Opening an Estate After a Death: Someone must be appointed by the Knox County Chancery Court to act as personal representative, whether the deceased left a will or not. Without that appointment, no one has legal authority to sell property, close accounts, or pay bills.
• Disputed or Missing Wills: Siblings disagree about whether a will is valid, a later version surfaces, or the original cannot be located. These disputes can freeze an estate for months.
• Dying Without a Will: When there is no will, Tennessee’s intestacy rules decide who inherits, which often produces results the family did not expect, especially in blended families.
• Wrongful Death Running Alongside Probate: When a death results from a crash, a fall, or a dangerous property, the right to sue passes first to the surviving spouse, then to the children or next of kin, or to a personal representative. Deciding who brings the claim is a legal question, not a family courtesy.
• Estates With Real Estate or a Business: A house on Knoxville’s west side, farmland in Knox County, or a family business all need valuation, management during administration, and a clear path to sale or transfer.
• Creditor Claims and Unpaid Medical Bills: Debts are generally paid from estate assets before heirs receive anything. A final illness or an accident can leave large hospital bills that need to be addressed in order.
• Family Conflict Over the Personal Representative: Heirs sometimes challenge who is serving or how they are handling the estate, particularly when communication has broken down.

What to Do in the First Weeks After a Death in Knox County

Start with the paperwork you can gather. Locate the original will if one exists, along with recent bank and retirement statements, insurance policies, deeds, vehicle titles, and a list of debts. Do not throw away mail. Bills and notices tell you what the estate owes and owns.

Do not distribute belongings or move money out of the deceased person’s accounts on your own authority. Until the Knox County Chancery Court appoints someone, no one can act for the estate, and informal handling can create personal liability or family conflict later. Keep the home secured and insured, and keep vehicles and valuables safe.

Then ask one question that many families skip: how did this person die? If someone else’s carelessness was involved, such as a driver, a trucking company, a property owner, or a cabin operator, the wrongful death deadline may already be running. In Tennessee there is no separate wrongful death deadline. The one-year personal injury period applies, and it runs from the date of the injury, not the date of death. That means a person who survives for weeks in the hospital before dying does not extend the clock. Estate paperwork can wait for a few weeks. This deadline cannot.

Where the case ends up depends on the facts. Estate administration is handled in the Knox County Chancery Court in Knoxville. A wrongful death lawsuit is usually filed in a court of general jurisdiction such as Knox County Circuit Court, and some claims, such as those involving federal agencies or federal law, can end up in the United States District Court for the Eastern District of Tennessee, whose Northern Division sits in Knoxville. Appeals from Chancery Court go to the Court of Appeals.

Common mistakes are predictable. Families give recorded statements to an insurance adjuster before talking to a lawyer. They assume the funeral home or the hospital will tell them about deadlines. They let a relative start closing accounts without legal authority. And they wait to preserve evidence such as vehicle data, maintenance records, or surveillance video until it is gone.

How Probate and a Wrongful Death Claim Fit Together

Probate and a wrongful death case are separate proceedings with separate purposes. Probate settles what the deceased person owned and owed. A wrongful death claim seeks compensation for what the family lost because someone else caused the death. In Tennessee, the claim passes to the surviving spouse first. If there is no surviving spouse, it goes to the children or next of kin, and a personal representative can also bring it. A spouse can lose the right to bring or collect on the claim if the children or next of kin prove the spouse abandoned the deceased or willfully stayed away for two years.

Money matters too. Tennessee generally caps noneconomic damages, such as pain and loss of companionship, at $750,000, and at $1 million in defined catastrophic situations, which include the death of a parent who leaves minor children. Economic losses such as lost income and medical and funeral expenses are not capped. Those caps can be lifted in specific situations, including when the defendant was intoxicated, intentionally caused the harm, or destroyed evidence. A Knoxville probate attorney who also understands injury litigation can plan the estate and the claim together instead of discovering conflicts after the fact.

Fault can also shrink a recovery. Tennessee follows modified comparative fault, so a recovery is reduced by the share of blame placed on the person who died, and it is barred if that share reaches 50 percent. Insurance companies know this and sometimes try to shift blame onto someone who can no longer speak for himself or herself. Investigating early helps counter that.

Questions Families Ask About Probate and Estates in Knoxville

Does every estate have to go through probate in Tennessee?

No. Assets that pass by beneficiary designation, joint ownership, or a trust often move outside of court. Property titled solely in the deceased person’s name generally needs court involvement before it can be transferred. A lawyer can sort out which assets fall into which category.

Which court handles probate in Knox County?

The Knox County Chancery Court handles probate and estate matters in Knoxville, unless a matter has been properly assigned to another court. Appeals from Chancery Court go to the Court of Appeals.

What does a personal representative actually do?

The personal representative collects the estate’s assets, pays valid debts and expenses, keeps records, and distributes what remains to the people entitled to it. The role carries legal duties, and mistakes can create personal exposure.

What happens if there is no will?

The estate passes under Tennessee’s intestacy rules, which set an order of inheritance among the surviving spouse, children, and other relatives. A court still has to appoint someone to administer the estate, and disagreements about who should serve are common.

Can I handle a small estate without a lawyer?

Sometimes. Simple estates with clear ownership and no disputes can be managed with limited help. But once real estate, unclear heirs, creditor claims, or a possible wrongful death claim are involved, mistakes become costly. You can find out which category you are in.

My family member died in a crash. Do I need to open an estate before pursuing a claim?

Often a personal representative needs to be appointed to bring or settle a wrongful death claim, though a surviving spouse or next of kin may be able to bring it directly. Because the one-year deadline runs from the date of injury, you should speak with a lawyer quickly rather than waiting for estate paperwork to finish.

Does the wrongful death deadline start at the date of death?

No. In Tennessee it runs from the date of the injury that led to the death. If someone is hurt in a collision and dies weeks later, the one-year period counts from the collision.

What if the person who died was partly at fault?

Tennessee uses modified comparative fault. The family can still recover if the deceased person was less than 50 percent at fault, but the award is reduced by that percentage. At 50 percent or more, the claim is barred.

Can estate debts reach the money from a wrongful death settlement?

This depends on how the claim is structured and who brings it, and it is one of the reasons the estate and the claim should be coordinated from the start. A lawyer can explain how the proceeds are likely to be treated in your situation.

What if my loved one died in an accident while visiting the Smokies?

Out-of-state visitors who die in Sevier County or the national park leave families who may live far away. We can handle the investigation, filings, and negotiations in Tennessee while keeping you informed at home. If a federal agency is responsible, a written administrative claim to the government under the Federal Tort Claims Act, generally within two years, comes before any lawsuit.

Will you charge me for a consultation?

Fees depend on the type of matter, and the firm explains its fee arrangement clearly at the first meeting, before any work begins. No.

Serving Probate Clients Across Knoxville and East Tennessee

We represent families throughout Knoxville and Knox County, from downtown and the neighborhoods around Fountain City, Bearden, and West Knoxville, to communities such as Farragut, Powell, Halls, Karns, Corryton, and Mascot. Our work extends to neighboring Anderson County, including Clinton and Oak Ridge, and to Blount County, including Maryville and Alcoa.

We also serve families in Sevier County, including Sevierville, Pigeon Forge, and Gatlinburg, where visitors and residents alike suffer losses. Our reach includes Campbell County and LaFollette, Roane County, Morgan County, Claiborne County, Jefferson County, and Monroe County. Whether your family lives in East Tennessee or elsewhere in the state, including Johnson City, Nashville, and Memphis, we can review your situation and tell you what the court process will look like.

Talk With a Knoxville Probate Attorney Today

If you are trying to settle an estate, sort out a disputed will, or find out whether a loved one’s death gives rise to a claim, a Knoxville probate attorney at Fox, Farley, Willis & Burnette can walk you through the next steps and the deadlines that matter. Call us for a consultation. We will listen, explain your options plainly, and tell you what we can do.