Tennessee Wills & Probate Lawyers
Creating a will and understanding the probate process are essential steps in protecting your loved ones and your legacy. Without a valid estate plan, Tennessee law decides how your property is divided after your passing, not you. At Fox, Farley, Willis & Burnette, we help individuals and families plan ahead with confidence. As trusted Tennessee wills & probate lawyer advocates, we draft clear, enforceable documents and guide families through estate administration with care, clarity, and compassion.
Understanding Wills in Tennessee
A will is the cornerstone of an estate plan. It allows you to decide how your property will be distributed, name guardians for minor children, and appoint someone to manage your estate. Without a will, Tennessee’s intestacy laws control who inherits your assets, which can lead to confusion, conflict, and unintended outcomes.
We assist clients in:
- Drafting valid and enforceable wills
- Updating existing wills after major life changes
- Naming executors and guardians
- Including charitable gifts and special instructions
- Integrating wills with trusts and other estate planning tools
Our attorneys ensure your will meets all legal requirements so your wishes are honored exactly as intended.
The Importance of Having a Will
Many people postpone creating a will, assuming it’s only for the wealthy or elderly. In reality, every adult should have one. A will provides direction during an emotional time, prevents unnecessary family disputes, and ensures that your assets are distributed to the people and causes you care about most. It also allows you to plan for your children’s care and protect sentimental possessions that might otherwise be overlooked.
Understanding Probate in Tennessee
Probate is the court process of settling a deceased person’s estate. It ensures that all debts, taxes, and obligations are paid before the remaining assets are distributed to heirs. Whether or not a will exists, probate may still be required in Tennessee. Our firm assists executors, beneficiaries, and families with every step, providing steady guidance and minimizing delays.
The general probate process includes:
- Filing a petition to open the estate in probate court.
- Appointing an executor or administrator to manage estate affairs.
- Notifying heirs, beneficiaries, and creditors.
- Collecting, valuing, and managing estate assets.
- Paying debts, taxes, and administrative costs.
- Distributing remaining assets to beneficiaries.
- Closing the estate after all matters are resolved.
We handle these steps efficiently, ensuring compliance with Tennessee law and protecting your family’s interests.
Small Estate Administration
Not every estate requires a lengthy probate process. Tennessee allows a simplified procedure for small estates valued under a certain threshold. This process can greatly reduce time and expense for families. We determine whether your situation qualifies for small estate administration and help you complete all necessary filings quickly and correctly.
Common Will and Probate Disputes
Even with careful planning, conflicts can arise during estate administration. Disputes may involve challenges to the validity of a will, disagreements over asset distribution, or concerns about how an executor is managing the estate. Our attorneys are experienced in resolving these issues through negotiation, mediation, or litigation. We protect our clients’ rights while maintaining professionalism and sensitivity during emotionally charged situations.
Why Choose Fox, Farley, Willis & Burnette
Choosing the right Tennessee estate attorneys is critical to protecting your family’s future. Our firm brings decades of experience handling wills, trusts, and probate cases across the state. Clients turn to us because we offer deep understanding of Tennessee probate law, precise and personalized estate planning services, clear and compassionate communication, proven results in complex estate disputes, and dedication to helping families achieve peace of mind. We combine legal knowledge with genuine care for every client we represent.
Keeping Your Will Updated
Life changes—your estate plan should too. Marriage, divorce, new children, or major financial changes may require updates to your will or other documents. We recommend reviewing your estate plan every few years or whenever significant life events occur. Our firm makes revisions simple, ensuring your documents remain current and valid.
Avoiding Probate Through Planning
While probate is sometimes unavoidable, strategic estate planning can minimize its impact. Establishing a trust, adding joint ownership to property, or designating beneficiaries on accounts can allow assets to transfer outside of probate. We help clients design customized plans that reduce costs, maintain privacy, and simplify the inheritance process for loved ones.
Tennessee Wills & Probate FAQs
Do I need a lawyer to make a will?
While it’s possible to draft your own, an attorney ensures that your will is legally valid and free from errors.
What happens if I die without a will?
Your estate will be divided according to Tennessee’s intestate succession laws, which may not match your wishes.
How long does probate take in Tennessee?
Most probate cases take six months to a year, depending on the estate’s complexity and whether disputes arise.
Can probate be avoided?
Yes. Through tools like trusts, joint ownership, and beneficiary designations, you can reduce or avoid probate entirely.
What is a small estate affidavit?
It’s a simplified process that allows heirs to claim assets from small estates without full probate proceedings.
Can a will be contested?
Yes. A will may be challenged based on fraud, undue influence, or lack of mental capacity.
Who manages the estate during probate?
The court appoints an executor named in the will or, if none exists, an administrator chosen by the court.
Do you handle estate disputes?
Yes. We represent both executors and beneficiaries in will contests and other probate-related conflicts.
Serving Clients Across Tennessee
- Clinton
- Gatlinburg
- Knoxville
- LaFollette
- Maryville
- Pigeon Forge
- Sevierville
- Nashville
- Chattanooga
- Oak Ridge
- Memphis
- Kingsport
- Johnson City
Contact Our Tennessee Wills and Probate Lawyers
If you need help drafting a will or navigating the probate process, Fox, Farley, Willis & Burnette is here to guide you. We make estate planning simple, effective, and tailored to your needs. Contact us today for a confidential consultation with a skilled Tennessee wills and probate lawyer who will help you protect your legacy and ensure your loved ones are cared for.