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)

The personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. To qualify as a personal representative in Tennessee, an individual must not have been convicted of a felony or be incarcerated in a penitentiary. If the individual is qualified, the Probate Court Clerk will issue Letters Testamentary (when there is a will) or Letters of Administration (when there is no will). These letters provide the personal representative with legal authority to act on behalf of the estate, including:

• Access the decedent’s financial accounts

• Gather and safeguard estate assets

• Manage the decedent’s business affairs

• Locate and provide notice to heirs and beneficiaries

• Handle other matters necessary to administer the estate

In many cases, the personal representative must also obtain a separate Employer Identification Number (EIN) from the IRS and open a dedicated estate bank account. Estate funds should be deposited into this account and used to pay estate expenses. It is critical that the personal representative not co-mingle personal funds with estate funds. Keeping estate finances separate helps maintain proper records and protects the personal representative from potential liability.

Step 3: Notice to Creditors

Tennessee law requires the personal representative to provide formal notice to creditors. This is typically accomplished through a notice published by the Probate Court Clerk. Once the notice is issued, a four-month statutory claims period begins during which creditors may file claims against the estate. Because creditors must be given this opportunity, the estate generally cannot be closed until this four-month period has expired.

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:

• Collecting financial accounts and investments

• Securing real estate and personal property

• Obtaining valuations when necessary

• Managing or preserving property during the probate process

If the estate includes real estate, the personal representative may need to maintain the property, ensure taxes and insurance are paid, and, in some cases, sell the property to satisfy debts or distribute proceeds among beneficiaries. Court approval may be required depending on the circumstances and the terms of the will.

Step 5: Paying Debts and Expenses

Before heirs receive distributions, the estate must pay:

• Valid creditor claims

• Funeral and burial expenses

• Taxes owed by the estate or decedent

• Administrative costs related to probate

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 is required before the estate is formally closed.

Who Needs to Go Through Probate in Tennessee?

Not every estate must go through probate. In Tennessee, probate is generally required when a person passes away owning assets solely in their name without a designated beneficiary or co-owner. This often includes real estate, bank accounts, or investment accounts titled only in the decedent’s name. However, some assets may pass outside of probate, such as jointly owned property with rights of survivorship, accounts with named beneficiaries, and assets held in a trust. Understanding which assets are subject to probate is an important first step in determining whether the process will be necessary.

Many people are surprised to learn that probate can often be reduced—or in some cases avoided—through proper estate planning. Tools such as revocable living trusts, beneficiary designations, and certain forms of joint ownership can allow assets to pass directly to beneficiaries without going through the probate court process. While probate is sometimes necessary, planning ahead can help simplify the administration process, reduce costs, and maintain privacy for your family.

How Long Does Probate Take?

While every estate is different, most probate cases in Tennessee follow a general timeline. The process typically begins with filing the petition and appointing a personal representative, which can take several weeks. Once appointed, the four-month creditor claims period begins. After that period expires, the personal representative continues gathering assets, resolving debts, and preparing for distribution.

Even relatively straightforward probate cases in Tennessee often take close to a year to complete. This is largely due to required legal steps, including the four-month creditor claims period, court filings, and the time needed to gather assets, resolve debts, and prepare the final accounting. More complex estates can take significantly longer. Delays commonly occur when disputes arise among beneficiaries, when creditor claims must be reviewed or contested, when real estate must be sold, or when business interests or difficult-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. As a result, financial details, beneficiary designations, and the overall value of the estate may be accessible to the public. Understanding the 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.

The Cost of Probate

In addition to the time involved, probate also carries certain costs. Even relatively simple estates in Tennessee can incur several thousand dollars in expenses. Common probate costs may include:

• Court filing fees

• Publication costs for creditor notice

• Attorney’s fees

• Personal representative compensation (in some cases)

• Accounting or appraisal fees if assets require valuation

• Administrative expenses related to managing estate property

Many law firms handling probate matters require an initial retainer, often ranging from approximately $2,500 to $3,000, to begin the representation. The total legal fees may increase depending on the complexity of the estate, the number of assets involved, and whether disputes arise during administration. Although Tennessee does not set probate fees as a fixed percentage of the estate, the overall cost of probate often falls somewhere in the range of approximately 3% to 7% of the estate’s value when all expenses are considered. Estates involving real estate sales, business interests, contested claims, or litigation can increase costs significantly.

Because of the time, expense, and public nature of probate, many individuals explore estate planning strategies—such as revocable living trusts or beneficiary designations—to help simplify or avoid the probate process where appropriate.

Common Probate Mistakes to Avoid

Probate involves a number of legal and financial responsibilities, and mistakes can lead to delays or potential liability. One common issue is failing to keep estate funds separate from personal funds, which can create accounting problems and legal exposure for the personal representative.

Other mistakes include distributing assets before debts and claims are resolved, failing to properly notify creditors or beneficiaries, and not obtaining required court approvals. Working with experienced legal guidance can help avoid these pitfalls and keep the process on track.

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

This article is for informational purposes only and does not constitute legal advice. You should consult with an attorney regarding your specific legal situation.