Tennessee Wills & Probate Lawyer
The goal in a wills and probate case is simple to say and surprisingly hard to reach: the right people receive the right property, the debts get paid in the right order, and no one ends up in a courtroom fight that drains what a person spent a lifetime building. Fox, Farley, Willis & Burnette is a Tennessee law firm that serves families across East Tennessee and throughout the state, and a Tennessee wills and probate lawyer from our team can help you write a will that holds up or move an estate through probate without needless delay.
Tennessee has its own rules for who can sign a will, how an estate gets opened, and who has the final say over a dead person’s property. Probate and estate matters belong to the Chancery Court in each county unless the case has been assigned elsewhere, so the process is local even though the law is statewide. A will that was valid when someone signed it can still run into trouble if the paperwork is incomplete, the family disagrees, or the estate owns property in more than one county or more than one state.
Our firm is best known for serious injury and wrongful death work, and that background shapes how we approach estates. We see families at their most strained, and we know how quickly a loss can turn into a dispute over money, property, and who gets to decide. Probate and will questions often arrive right alongside a death caused by someone else’s negligence, and we are used to handling both threads together.
What Tennessee Wills and Probate Cases Involve
- Drafting a Last Will and Testament: A will names who receives your property, who serves as executor, and who would raise any minor children. Tennessee requires a written, signed document with the proper witnessing, and small mistakes in signing can invite a challenge later.
- Opening an Estate in Chancery Court: When someone dies with a will, the named executor asks the county Chancery Court to admit it and issue authority to act. When there is no will, the court appoints an administrator and the law decides who inherits.
- Dying Without a Will: Intestate succession sends property to a surviving spouse and relatives in an order set by statute, which may not match what the person would have wanted. Unmarried partners and stepchildren are often left out entirely.
- Serving as Executor or Administrator: A personal representative inventories assets, notifies creditors, pays valid debts and taxes, and distributes what remains. The role carries real responsibility, and mistakes can create personal exposure.
- Will Contests and Family Disputes: Challenges usually raise questions about capacity, undue influence, or improper signing. Disputes among siblings, second spouses, and children from different marriages are among the most common.
- Estates Tied to a Wrongful Death Claim: When a loved one dies because of a crash, a fall, or another preventable event, the estate and the wrongful death claim are closely linked. The personal representative often plays a central part in the claim, and the person who may sue is set by statute.
- Property in Several Counties or States: Families in East Tennessee often own land in more than one county, and Smoky Mountain cabins or vacation property can add another state to the picture. Each location can add steps.
Why Families Choose Fox, Farley, Willis & Burnette for Wills and Probate
Choosing a law firm for wills and probate matters comes down to trust. Fox, Farley, Willis & Burnette has earned its reputation as East Tennessee’s Home Team by staying close to the communities it serves, and its attorneys draw on more than 170 years of combined experience when they help families plan ahead or settle an estate.
Clients can expect careful attention to deadlines, organized records, and prompt communication. Whether the task is drafting a will, guiding an executor through administration, or defending an estate against a challenge, the firm works to resolve matters efficiently while protecting the family’s interests.
How Probate Works in a Tennessee Chancery Court
Probate begins with a filing in the county where the person lived. If there is a will, the court admits it and confirms the executor. If there is no will, a family member usually petitions to serve as administrator, and the court picks a person to manage the estate. From that point the personal representative has legal authority to collect assets, deal with banks, and pay what is owed.
Chancery Courts in our region sit in each county, and the Knox County Chancery Court, for example, serves the Sixth Judicial District, while Blount County is served by the Fifth and Anderson County by the Seventh. Appeals from Chancery and Probate Courts go to the Court of Appeals. Because these are local courts, familiarity with how a particular county handles filings, hearings, and creditor claims can save weeks of back and forth.
Not every asset passes through probate. Life insurance with a named beneficiary, retirement accounts, jointly owned property with survivorship rights, and assets held in a properly funded trust generally pass outside the will. That is why the paperwork on file with banks and insurers matters as much as the will itself. An old beneficiary designation can override what a will says, and we often find the biggest problems there.
What to Do Right Now After a Death or Before Signing a Will
If someone you love has just died, start by locating the original will. A copy is often not enough, and the original may be in a home safe, a safe deposit box, or with the lawyer who drafted it. Gather death certificates, a list of bank and investment accounts, insurance policies, deeds, vehicle titles, and recent statements. Do not distribute property, close accounts, or pay the estate’s bills out of your own pocket until you understand your role and what the estate owes.
If the death was caused by a crash, a fall, or another preventable event, speak with an attorney quickly. Tennessee’s one-year deadline for injury claims generally runs from the date of the injury, not the date of death, and the right to bring a wrongful death action passes first to a surviving spouse, then to children or next of kin, or to the personal representative. Waiting to open the estate can cost you time you may not have.
If you are planning ahead, the most useful thing you can do is make a clear list of what you own and who you want to receive it. Name an executor you trust and a backup. Check the beneficiary forms on every retirement account and insurance policy. If you own a business, rental property, or land in more than one place, bring the documents to the first meeting. Families with young children should decide who would raise them before anything else, because that choice cannot be left to chance.
The most common mistakes are handwritten changes to a signed will, informal promises that were never put in writing, and naming a child who is a minor as a direct beneficiary without a plan for managing the money. Each can be fixed before a death, and almost none can be fixed afterward.
Frequently Asked Questions About Tennessee Wills and Probate
Do I need a lawyer to make a will in Tennessee?
The law does not require one, but a will has to be signed and witnessed correctly to be valid, and a mistake often comes to light only after the person has died, when it cannot be corrected. A lawyer also helps coordinate the will with beneficiary designations and joint ownership so the pieces do not contradict each other.
What happens if someone dies without a will in Tennessee?
The estate passes under the state’s intestacy rules, which favor a surviving spouse and then children and other relatives in a set order. The court appoints an administrator to manage the estate. Unmarried partners, close friends, and charities receive nothing unless they are family under the statute.
Does every estate have to go through probate?
No. Assets with a named beneficiary, jointly owned property with survivorship rights, and assets held in a trust usually pass outside probate. Probate is generally needed when a person owned property in their sole name without a designated recipient.
How long does probate take in Tennessee?
It depends on the size of the estate, whether there is a dispute, how many creditors come forward, and how busy the county court is. A simple estate with a clear will moves much faster than one with real estate in several places or a family conflict. We can give you a realistic expectation after reviewing the assets.
Who can serve as executor, and can I refuse?
The will names the executor, and that person may decline to serve. If no one is named or the named person cannot act, the court appoints someone. The role involves court filings, creditor notices, and accounting for every dollar, so many people choose to have an attorney guide them.
Can a will be challenged, and on what grounds?
Yes. Common grounds include that the person lacked the mental capacity to understand what they were signing, that someone pressured them unfairly, or that the will was not signed and witnessed properly. Disputes tend to involve second marriages, blended families, and late changes that favor one child or caregiver over others.
Will my beneficiary designations override my will?
For many accounts, yes. Life insurance and retirement accounts pass to the person named on the form, regardless of what a will says. This is one of the most frequent causes of an unintended result, especially after a divorce or remarriage.
If my loved one died in a crash, does the estate have to be opened to bring a wrongful death claim?
Often a personal representative is needed, although the statute also allows a surviving spouse or, if there is no spouse, children or next of kin to bring the action. Because the one-year period under Tennessee’s injury statute begins on the date of the injury, it is wise to start both the estate and the claim promptly.
My relative owned a cabin in Sevier County, but the family lives in another state. Can you still help?
Yes. We represent clients from across the country who have Tennessee connections, and we can handle the court work here while keeping you informed wherever you live. Real estate in Tennessee generally has to be dealt with under Tennessee law, even when the family is elsewhere.
What does it cost to talk to your firm about a will or estate?
Fees depend on the type of matter, and the firm explains its fee arrangement clearly at the first meeting, before any work begins.
Can a will cover a minor child who inherits?
A will can name a guardian for a minor and set up a way to manage the money until the child is old enough to handle it. Without a plan, a court may have to supervise the funds, which adds cost and limits flexibility. Parents of young children should address both questions together.
Serving Wills and Probate Clients Across East Tennessee
Our work for families extends across Knox County, from Knoxville and the communities around it, and into Blount County, including Maryville, and Sevier County, including Sevierville, Pigeon Forge, and Gatlinburg. We serve Anderson County families in Clinton and the surrounding area, Campbell County families in LaFollette, and clients in Roane, Claiborne, Morgan, Jefferson, and Monroe counties. We also work with people from Johnson City, Nashville, and Memphis, and with families anywhere in the state whose estate has a Tennessee connection.
Because probate is handled county by county, we pay attention to where a person lived and where their property sits.
Talk With a Tennessee Wills and Probate Attorney Today
Whether you are preparing a will for your family or trying to settle an estate after a loss, a Tennessee wills and probate attorney at Fox, Farley, Willis & Burnette can walk through your situation and explain what comes next. We will tell you plainly what the court requires and what it does not.
Call us to schedule a conversation. If a death was caused by someone else’s carelessness, we can look at the estate and any wrongful death claim together so nothing is missed while the clock is running.