Maryville Wills & Probate Lawyer

A parent has died, a will turns up in a desk drawer, and suddenly someone in the family has to figure out what happens to the house, the bank accounts, and the truck in the driveway. Fox, Farley, Willis & Burnette is a Tennessee law firm that serves families in Maryville, Blount County, and across East Tennessee, and our attorneys are available to walk you through the questions that follow a death or that come up when you want your own wishes written down properly. The firm is best known for serious injury and wrongful death work, and that background shapes how we look at estates.

Here is the first thing worth knowing about a Maryville wills & probate lawyer: in Tennessee, probate and estate matters are heard in the county’s Chancery Court unless the legislature has assigned them elsewhere. For Blount County, that is the Fifth Judicial District Chancery Court. A will does not carry any legal authority until a court admits it and appoints someone to act on it. That means a handwritten note, a verbal promise, or a will sitting in a safe deposit box does nothing on its own. Someone has to open the estate, and the sooner the right person is named, the sooner bills get paid and property can move to the people meant to have it.

What Wills and Probate Cases Usually Involve

• Opening an Estate After a Death: When someone dies with a valid will, the named executor asks the court to admit it and appoint him or her. When there is no will, the court appoints an administrator, and Tennessee’s intestacy rules decide who inherits. Blount County families often discover mid-process that a home or land is titled in a way nobody expected.
• Drafting a Will: A will names who receives your property, who serves as executor, and who would raise minor children if both parents die. Poorly worded wills create disputes, so the language matters as much as the signing.
• Contested Wills and Family Disputes: Disagreements surface when a will favors one child, was signed late in life, or conflicts with an earlier version. Questions about capacity, undue influence, and proper signing formalities drive these fights, and they are decided in Chancery Court.
• Serving as Executor or Administrator: The person in charge gathers assets, notifies creditors, pays debts, files what the court requires, and distributes what is left. Missteps can create personal liability, so many executors want a lawyer beside them from day one.
• Estates With No Will: A surviving spouse, children, parents, and siblings may all have claims depending on the family tree. Blended families and estranged relatives make intestacy especially tense.
• Estates Tied to a Wrongful Death: When a person dies because of someone else’s carelessness, a personal representative often has to be appointed so a claim can be pursued. Tennessee’s wrongful death statutes decide who may bring the action, and the surviving spouse generally comes first, then children or next of kin.
• Property That Skips Probate: Retirement accounts, life insurance, and jointly titled property usually pass by beneficiary designation or survivorship, not by will. Outdated designations are one of the most common ways a family ends up with an outcome the deceased never intended.

How These Cases Actually Move Through Chancery Court

Most families expect probate to be a single hearing. It is really a sequence. The executor or administrator is appointed, creditors are given notice and a window to make claims, assets are inventoried, debts and expenses are paid, and only then is the remainder distributed. A straightforward estate with a clear will and cooperative heirs can move along without much friction. An estate with real estate in several counties, a family business, or a relative who objects takes considerably longer.

What does a lawyer actually do during all that? A good deal of the work is invisible. We read the will and any older versions, identify which assets pass through probate and which do not, locate accounts and titles, and make sure the right people receive proper notice. If someone challenges the will, we prepare the case the way a trial lawyer would: gathering witnesses to the signing, medical records bearing on capacity, and testimony about the relationships involved. When an estate’s value depends on a claim, such as a wrongful death recovery, the probate work and the injury work have to be coordinated so that deadlines are not missed on either side.

That coordination is where our background matters. Tennessee’s deadline for most injury claims is short, generally one year, and for a wrongful death the clock runs from the date of the injury, not the date of death. An estate that waits months to appoint a personal representative can put a valuable claim in jeopardy. Families often assume the estate paperwork can wait; sometimes it cannot.

Why Families Choose Fox, Farley, Willis & Burnette for Estate Matters

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.

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.

Serving Maryville and Blount County Estate Clients

We help families in Maryville and the surrounding communities of Blount County, including Alcoa, Louisville, Friendsville, Townsend, Walland, Rockford, and Greenback. Clients also come to us from nearby Knoxville, Seymour, Sevierville, Pigeon Forge, and Gatlinburg in neighboring Sevier County, and from Clinton and the rest of Anderson County. We serve families in Roane, Campbell, Claiborne, Morgan, Jefferson, and Monroe counties as well, and we represent people throughout East Tennessee and the state, from Johnson City to Nashville and Memphis. Many estates involve property in more than one county, so a lawyer comfortable working across the region saves time and confusion.

What to Do in the Days After a Death or Before You Sign a Will

If someone has just died, start by locating the original will. Tennessee courts generally want the original document, not a photocopy, so look in the home, with the person’s bank, and with any lawyer who may have prepared it. Do not sell, give away, or retitle property yet, and do not pay off debts from estate accounts before you have talked with a lawyer. Gather death certificates, recent bank and retirement statements, deeds, vehicle titles, insurance policies, and a list of known debts. Keep funeral receipts, because the estate usually reimburses them.

The matter will be filed in the Chancery Court for Blount County unless it has been designated elsewhere, and appeals from that court go to the Court of Appeals. If a federal question or a claim against a federal agency is involved, the case may belong in the Eastern District of Tennessee, whose Northern Division includes Blount County. If the death may have been caused by someone else’s negligence, tell us right away, because the limitations period for a wrongful death claim can start running from the date of the injury, and a personal representative has to be in place to act.

If you are planning your own will, gather a list of everything you own, the people you want to benefit, and the person you trust to carry out your instructions. Check the beneficiary designations on retirement accounts and life insurance, since those override what a will says. A common mistake is signing a homemade form that does not meet Tennessee’s signing requirements, which can leave a family litigating over a document that was meant to prevent exactly that.

Common Questions About Wills and Probate in Maryville

Does every estate have to go through probate in Tennessee?

No. Property that passes by beneficiary designation or survivorship, such as life insurance, retirement accounts, and jointly owned assets, usually moves outside probate. Property titled solely in the deceased person’s name generally needs the court’s involvement before it can be transferred.

Who gets appointed to run the estate?

If there is a valid will, the court looks first to the executor named in it. If there is no will or the named person cannot serve, the court appoints an administrator, typically a close family member. Disagreements over who should serve are common and can be resolved by the court.

What happens if someone dies without a will?

Tennessee’s intestacy rules decide who inherits, starting with a surviving spouse and children and moving outward to other relatives. The result may not match what the person would have wanted, which is one reason a simple will is worth having.

How long does probate take?

It depends on the size and complexity of the estate and whether anyone objects. A simple estate can close in a matter of months, while estates with disputes, real estate in several places, or pending claims take longer. Creditor notice periods set a floor on how fast an estate can close.

Can I challenge a will I think is invalid?

Yes. Common grounds include lack of mental capacity, undue influence, fraud, and improper signing. These cases rely on witnesses and records, and they are decided in Chancery Court, so gathering evidence early matters.

Do I need a lawyer to serve as executor?

It is not always required, but it is often wise. Executors can be held responsible for mistakes in notifying creditors, paying debts in the wrong order, or distributing property too early. A lawyer helps you avoid personal exposure.

What if the person who died was killed in a crash or other accident?

A wrongful death claim has its own rules. The right to sue generally passes to the surviving spouse, then to children or next of kin, or to a personal representative. The one-year deadline runs from the date of the injury, so do not wait for the estate to wrap up before speaking with a lawyer.

Will the estate have to pay the deceased person’s debts?

Valid debts are generally paid from estate assets before heirs receive anything. Family members are not usually personally responsible for a relative’s debts, but the estate itself may be reduced significantly if debts are large.

Can a surviving spouse lose the right to a wrongful death recovery?

In limited situations, yes. Tennessee law allows children or next of kin to show that the spouse abandoned the deceased or willfully withdrew for two years, which can waive the spouse’s right to bring or collect on the claim.

Is a handwritten will valid?

It depends on how it was written, signed, and witnessed, and on what the court finds about the circumstances. Informal documents are a frequent source of litigation, so having a will prepared and signed correctly is usually far cheaper than fighting over one later.

How much does it cost to talk with your firm?

Fees depend on the type of matter, and the firm explains its fee arrangement clearly at the first meeting, before any work begins. We can discuss what your situation requires before you decide how to proceed.

Talk With a Maryville Probate Attorney About Your Family’s Next Step

Whether you are opening an estate, facing a disputed will, or ready to put your own wishes in writing, a conversation with a Maryville probate attorney at Fox, Farley, Willis & Burnette can bring clarity quickly. We will review what you have, explain how the Blount County Chancery Court process applies, and tell you plainly what we think comes next. Call us to schedule a consultation.