Maryville Probate Lawyer
Losing a loved one is one of the hardest things you will ever go through. During your time of grief, you likely do not want to think about facing the probate process, which can be time-consuming and expensive. Regardless of whether you need to administer an estate that is small or large, or you need help with other aspects of the probate process, our Maryville probate lawyer can help.
What is Probate?
You have likely heard the term ‘probate’ before, but you may still not know what it is, or what is involved in the process. If your loved one passed away and drafted a will before their death, the first step in the probate process is proving the will. This is done to confirm that it is valid.
Probate will also determine how your loved one’s estate will be distributed after their death. If a will was left behind, property will likely be distributed according to the provisions in the document. If your loved one passed away without a will, their property will be distributed according to the intestate laws in Tennessee. During the probate process, creditors can also make claims against the estate to recover debt.
During the probate process, people can also contest the will, trust, or other parts of the deceased’s estate plan. These are very complicated matters that can require all interested parties to appear in court.
Does All Property Go Through Probate?
While many people think that all property belonging to a decedent must go through probate, that is not true. Property typically only has to go through probate if it was in the name of the decedent only. Non-probate assets, or property that does not have to go through probate, includes:
- Assets held in joint tenancy
- Property held in tenancy by the entirety
- Payable-on-death bank accounts
- Life insurance proceeds
- Retirement accounts
- Assets held in a trust
- Property registered in transfer-on-death form
How Does the Probate Process Work in Maryville?
The probate process is supervised by the probate courts and transfers money within the estate. The probate process involves many steps and they are as follows:
- The court will identify what property is subject to probate.
- The will is filed with the court to determine its validity. This can require witnesses to appear in court to prove the will, but this step can be avoided if the will was self-proved and signed in front of a notary.
- The personal representative of the estate is appointed. If a will was left behind, the personal representative will be named within it. If there is no will, the court will appoint a personal representative.
- The estate is opened and creditors and the beneficiaries are notified.
- The personal representative will collect the property of the estate.
- Debts owed by the estate are paid.
- The remaining assets are distributed among the beneficiaries.
- The estate is closed.
Our Probate Lawyer in Maryville Can Help You with the Process
The probate process in Maryville can be time-consuming and exhausting. At Fox, Farley, Willis & Burnette, our Maryville probate lawyer can reduce much of your stress by guiding you through the process. Call us now at 865-426-1966 or fill out our online form to schedule a consultation and to get more information.
