Lebanon Probate Attorneys

What Can a Will Do?

Note that a will must be proven valid in court before the terms can be executed. If the will was signed in front of two witnesses, one of them must either go to court or submit a sworn statement on the validity of the will. If the will is contested, both witnesses must state the validity of the will. In the case that the will wasn’t witnessed but was signed and entirely in the handwriting of the person who made it, it’s called a "holographic will." To prove its validity, two witnesses must testify to the authenticity of the handwriting.

If the deceased person left a will, probate begins when the person named as executor in the will deposits the original, signed will in the county clerk’s probate office in the county where the deceased person lived. The court will issue this person “letters testamentary,” which give the person authority to take charge of estate assets. If there is no will, a family member, usually the surviving spouse or grown child, asks the court to be appointed as administrator, and the court issues “letters of administration.”

The executor or administrator (the personal representative of the estate) has authority over any assets that go through probate. Usually, the personal representative opens a checking account for the estate, puts the money from the deceased person’s accounts in it, and uses the funds to pay estate expenses. Be aware that a taxpayer identification number must be obtained from the IRS before an account can be opened.

The personal representative has the responsibility of notifying creditors of whom they are aware. The court clerk also publishes notice of the death in a local newspaper, which will give creditors a chance to make claims. Depending on when the creditors receive actual notice of the probate proceedings, they may have 4-12 months to make a formal claim.

Note that within 60 days after being appointed, the personal representative must:

• turn in an inventory of the assets of the deceased person that must go through probate, unless the will states that an inventory does not need to be filed or all beneficiaries agree that it is not required;
• notify everyone who stands to inherit under the terms of the will or state law;
• file a Request for Release with TennCare, the state Medicaid agency, to confirm that the agency won’t seek reimbursement from the estate for nursing home or home care received by the deceased person.

The personal representative must also file final state and federal income tax returns for the deceased person, which are generally due by April 15 of the year following the year of death. Note that a federal estate tax return will be required only if the deceased person’s taxable estate is very large – more than $11.58 million as of 2020. A majority of estates will not owe federal estate tax. This is subject to changing legislation, please check with an experienced estate planning attorney annually to see if your estate would be at risk of estate taxes.

When debts and taxes are paid, the personal representative can pay what’s left of the probate estate to the people entitled to inherit it. Keep in mind that if the deceased person owned real estate in another state, the personal representative may need to conduct a probate proceeding in that state (called an ancillary probate).

Seek an Experienced and Dedicated Probate Attorney

The probate process can be complex to navigate alone, especially when you might be dealing with many other emotional obstacles in the event of the death of a loved one. Our team at Vasek & Robbins have the empathy and professional experience to address any questions about probate you may have, whether or not the deceased left a will to work with.

If you have legal questions or concerns about the probate process, do not hesitate to reach out to our legal team at Vasek & Robbins. Especially as you might be dealing with many other emotional obstacles during this time, it will be helpful to have an experienced professional handle the legal issues for you and guide you through the probate process.

For more information on probate in Tennessee and how we at Vasek & Robbins can help, call (615) 488-7949 or contact us online to schedule a consultation.