When a person dies owning assets in their individual name without designated beneficiaries, those assets typically must pass through probate. Probate is a court-supervised process that ensures debts are paid and property is distributed properly. Understanding how probate works helps explain why many people pursue estate planning in the first place.

Step 1: Filing the Petition

The process begins by filing a petition with the probate court in the county where the decedent resided.

If there is a will, the court admits it to probate.

If there is no will, the court opens an intestate estate.

Step 2: Appointment of a Personal Representative

The court appoints:

• An Executor (if named in a will), or

• An Administrator (if there is no will)

This person has a fiduciary duty to act in the best interests of the estate and its beneficiaries.

Step 3: Notice to Creditors

Tennessee law requires the personal representative to provide formal notice to creditors. Once notice is issued, a four-month statutory claims period begins. During this time, the estate generally cannot be closed.

This mandatory waiting period often extends the administration process for several months. Creditors may file claims against the estate within this timeframe. If a claim is properly filed and valid, it must be paid before assets are distributed. However, with experienced legal guidance, certain claims may be challenged, reduced, or deemed exempt under Tennessee law.

Step 4: Identifying and Managing Assets

The personal representative must:

• Gather estate assets

• Obtain valuations when necessary

• Protect and manage property during administration

Step 5: Paying Debts and Expenses

Before heirs receive distributions, the estate must pay:

• Valid creditor claims

• Funeral expenses

• Taxes

• Administrative costs

Step 6: Distribution and Closing the Estate

After debts are resolved and the claims period has expired, the remaining assets are distributed according to:

• The will, or

• Tennessee intestacy law

Court approval may be required before the estate is formally closed.

How Long Does Probate Take?

Even straightforward probate cases often take several months. More complex estates can take a year or longer. Delays are common when disputes arise among beneficiaries, when creditor claims must be reviewed or contested, when real estate must be sold, or when business interests or hard-to-value assets are involved. Court schedules and required filings can also extend the timeline.

Because probate is a public court process, the will, asset inventories, creditor claims, and other filings generally become part of the public record. This means financial details, beneficiary designations, and the overall value of the estate may be accessible to the public.

Understanding the potential time commitment and public nature of probate helps explain why many individuals explore estate planning strategies designed to simplify or avoid the probate process altogether.

Why Many Families Plan Ahead

Probate is not inherently “bad,” but it can involve:

• Delays in asset access

• Court costs

• Attorney’s fees

• Public disclosure

• Administrative burdens on loved ones

Through strategic planning — including trusts, beneficiary designations, joint ownership arrangements, and payable-on-death accounts — many assets can transfer outside of probate. Even when probate cannot be avoided entirely, thoughtful planning can simplify the process and reduce the burden placed on your family.

If you have questions about creating or updating your estate plan, SCHEDULE A FREE CONSULTATION.

Ellen Hendrickson

Estate Planning and Probate Attorney

Hendrickson Law, PLLC

603 45th Ave. N

Nashville, TN 37209

Tel. 615-891-5655

Email. [email protected]

Serving clients through Tennessee