How Long After Death Do You Have to File Probate in Tennessee?
Delayed filing probate? There's no strict deadline—but waiting creates real problems. Learn the truth.
Estate Planning, Probate, Business, Real Estate & Personal Injury
Your local Chattanooga lawyer. Helping clients with their estate planning, probate matters, real estate issues, and corporate representation throughout the Scenic City for over a decade.
Straightforward guidance in Chattanooga, TN
Our Practice Areas
Scroll to explore our comprehensive legal services
Estate Planning
Straightforward guidance on wills, trusts, powers of attorney, and what you actually need.
Probate
The truth about probate - it's not the monster they make it out to be.
Business & Corporate Law
Formation, contracts, and legal protection for your business.
Personal Injury
Compassionate representation when you've been injured.
Real Estate Law
Contracts, partitions, quiet title actions, easements, and other dirt-law matters to help you protect your property.
What Our Clients Say
Don't just take our word for it. See what our clients have to say about their experience with Burd Law Firm.
★★★★★ 5.0 Rating from Google reviews
A Different Kind of Law Firm
We're not like other law firms. We don't use fear tactics to sell you elaborate estate plans you don't need, or encourage you to do complicated probate procedures that are unnecessary, or encourage litigation just to bill hours. We tell you the truth about estate planning, probate, and what actually makes sense for your situation, and help you find the best solution for your individual goals.
Probate Is Not That Scary
The truth is, probate isn't the monster other attorneys (and youtubers/influencers) make it out to be. Yes, it's time-consuming. Yes, there's paperwork involved. But it's not as expensive as you've been told, and in many cases, it's the more cost-effective choice. Our firm gives you a realistic assessment of your situation and helps find the best solutions for you.
Clear Assessment of What You Need
Not everyone needs a trust. Not everyone needs complex asset protection strategies. Our attorneys take the time to understand your unique situation and recommends solutions that actually fit your needs and budget. If a simple will accomplishes your goals, we'll tell you. If you need more sophisticated planning, we'll explain why, and let you make the decision.
Transparent, Predictable Pricing
No consultation fees. No surprise bills. No hidden fees. For estate planning and most probate, no hourly billing that incentivizes inefficiency. We provide clear, upfront pricing so you know exactly what to expect. Our flat-fee pricing model aligns our interests with yours: get the work done efficiently for the client so they can move forward.
Efficient, Streamlined Processes
For over a decade, our attorneys have handled thousands of estate planning and probate matters. Over that time, we have refined our processes to eliminate unnecessary steps for our clients and reduce delays. Certain probate cases can be completed in weeks, not years. Our firm takes pride in our ability to handle our clients' matters as efficiently as possible, while still getting it done correctly.
Personal Attorney Attention
When you call The Burd Law Firm, you're going to talk to Alex, Katelyn, or Lacy, not an answering service. When you want or need a meeting with your lawyer, you'll get one. We make every effort to accommodate our clients' schedules to make ourselves available via phone, text, email, video call, and/or in-person, as the client requests. After all, we work for you, not the other way around.
Licensed in Three States
As an attorney licensed in Tennessee, Alabama, and Georgia, Alex can serve clients throughout the tri-state area. Whether you own property across state lines, have family members in multiple states, or are relocating, Alex's multi-state licensure provides seamless legal support.
Common Legal Questions
Get straight answers to the most common questions about estate planning, probate, business formation, personal injury, and real estate law in Tennessee.
Do I really need a trust, or is a will enough?
For the majority of people, a simple will is sufficient to achieve basic goals. Trusts are useful if you own real estate, have a blended family with complex inheritance wishes, have underage children or beneficiaries, or want to manage assets for beneficiaries who can't handle money responsibly. The probate process is fairly straightforward when you have an effective will, and not as expensive as you have likely been led to believe. We'll look at your actual situation and give you a realistic assessment, not a sales pitch.
What happens if you never probate an estate in Tennessee?
The property remains in the deceased person's name indefinitely. You likely can't sell it, refinance it, or get clear title to it. If it's real estate, it creates a cloud on the title that gets harder to fix as time goes on. If you inherited property years ago but never probated it and its still in the deceased's name, we can likely fix it. But, the sooner you address it, the easier and cheaper it will be.
Should I form an LLC, corporation, or trust for my business?
A lawyer's favorite answer: it depends. For most small businesses, an LLC is the preferred route because it provides asset protection and has a flexible structure. Corporations make sense if you plan to seek venture capital, want to issue stock options, or need C-corp tax treatment. The 'asset protection' is similar for both if the corporate formalities are properly maintained. We'll go through your specific business goals with you and help you find the best option for you.
How much will I get from my personal injury case?
Case value depends on medical bills, lost wages, injury severity, liability, insurance coverage, and, for better or worse, how much a jury likes or dislikes you and the at-fault party. While there's no publicly set formula, insurance companies do try utilize their own formulaic approaches to create a value range. Generally speaking, the medical bills you've been charged as a result of the accident are the most determinative factor, but this can be limited by the available insurance coverage. Each case is unique, so we'll give you a realistic assessment based on our experience.
If I own a home with another person and I want to sell and they don't, what can I do?
You can petition to the court to partition the property and likely sell it. A partition action is a legal proceeding to divide co-owned property when co-owners can't agree on what to do with it. This usually happens when you inherit property with siblings, acquire property with a business partner, or end up owning property jointly with someone you're no longer in relationship with. Tennessee law allows any co-owner to force a sale or division. The court can physically divide the property, order it sold with proceeds split, or force a buyout. If you're stuck with co-owners who won't cooperate, a partition action forces a resolution.
Legal Resources & Insights
We believe in educating our clients and the community. Browse our articles, watch our video guides, and get answers to common legal questions. All content is written in plain English, no confusing legal jargon.
Latest Articles
Can You Contest a Will in Tennessee?
It's harder than you think—and that's actually a good thing. When and how will contests work.
Lady Bird Deed vs. Trust in Tennessee
Spoiler: Lady bird deeds don't work in Tennessee. Here's what actually does.
What Happens If You Never Probate an Estate?
Property stuck in your parent's name? The consequences and how to fix it.
Do You Really Need a Trust?
Most people don't. Here's an realistic assessment of when trusts actually make sense.
Inherited Property Still in Parent's Name
Your options for transferring inherited real estate in Tennessee.
Video Guides
Probate Basics: What You Need to Know
Understanding the Tennessee probate process in plain English.
Will vs. Trust: Which Do You Need?
An straightforward comparison without the sales pitch.
5 Common Estate Planning Mistakes
What people get wrong and how to avoid costly errors.
Common Questions
Do I really need a trust, or is a will enough?
For most people in Tennessee, a simple will is sufficient.
How much does probate actually cost in Tennessee?
Real numbers: typically $2,000-$7,500 in attorney fees. Not the scary figures you've heard.
What happens if you never probate an estate?
The property remains stuck in the deceased person's name indefinitely.
How long does probate take in Tennessee?
We complete all substantive work in 4-6 months for simple estates. Tennessee law requires estates remain open for at least one year from the date of death before formal court closure.
Talk to Alex Burd Today
Schedule your free consultation today and get straight answers to your legal questions.
Available Monday-Friday, 9:00 AM - 5:00 PM