Frequently Asked Questions

Do I really need a trust, or is a will enough?

For most people in Tennessee, a simple will is sufficient. 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 in Tennessee is straightforward and not as expensive as trust salespeople claim.

We'll look at your actual situation and give you a realistic assessment, not a sales pitch.

What's the difference between a will and a trust?

A will is a document that says who gets your stuff when you die. It goes through probate court to transfer assets. It's simple, inexpensive to create, and sufficient for most people.

A trust is a legal entity that holds your assets while you're alive and distributes them when you die, avoiding probate. It's more complex, costs more to set up, and requires ongoing management (retitling assets into the trust name). Trusts are beneficial for specific situations but aren't necessary for everyone.

When do I actually need a trust?

Consider a trust if you: (1) Own real estate in multiple states, (2) Have minor children who will inherit significant assets, (3) Have a beneficiary with special needs who receives government benefits, (4) Want to control how and when beneficiaries receive assets, (5) Own a complex business that needs continuity planning, or (6) Have privacy concerns (trusts don't go through public probate).

If none of these apply, you probably don't need a trust. A will, power of attorney, and healthcare directive are usually sufficient.

How much does estate planning cost?

Simple will package: Typically $500-$1,500 (includes will, power of attorney, healthcare directive)
Trust-based estate plan: Typically $2,500-$5,000+ depending on complexity
Individual documents: $200-$500 each

At Burd Law Firm, we provide flat-fee pricing so you know the cost upfront. We'll assess your situation and recommend the simplest, most cost-effective solution.

How much does probate actually cost in Tennessee?

Real numbers: typically $2,000-$7,500 in attorney fees for a straightforward estate. Court filing fees are minimal (usually under $500). There are no "probate taxes" or percentages of estate value like you hear about in some states.

The horror stories about probate costing 5-10% of the estate value? That's not Tennessee. Most of the cost is attorney time to prepare documents, communicate with the court, and ensure proper notice to creditors and heirs. If your estate is well-organized and heirs cooperate, costs stay on the lower end.

How long does probate take in Tennessee?

We complete all substantive work in 4-6 months for simple estates, not years. Tennessee law requires a 4-month creditor notice period, which sets the minimum timeline. While we can handle everything in 4-6 months, Tennessee law requires that the estate cannot be formally closed with the court until at least one year from the date of death.

Most of the "probate takes forever" stories come from contested estates or situations where the executor doesn't respond promptly. With proper attention and preparation, we move cases through quickly so you can access inherited assets and move forward with your life.

What happens if you never probate an estate?

The property remains stuck in the deceased person's name indefinitely. You can't sell it, refinance it, or get clear title. Banks won't let you access accounts. The state doesn't automatically transfer anything.

Eventually, someone will have to probate the estate anyway—whether that's 6 months later or 20 years later. The longer you wait, the harder it gets because documents disappear, witnesses die, and complications multiply. Tennessee has no statute of limitations on probate, but waiting makes everything more difficult and potentially more expensive.

Do all estates have to go through probate?

No. You can avoid probate if assets pass through: (1) Joint ownership with right of survivorship, (2) Beneficiary designations (life insurance, retirement accounts, payable-on-death accounts), (3) Living trusts, or (4) Small estate affidavits (for estates under $50,000 with no real estate).

However, most estates with real estate in the deceased person's sole name will require probate to transfer title. And that's okay—Tennessee probate is straightforward and not scary.

How much is your consultation fee?

Our consultations are free.

Can I have a phone consultation or do I need to come in person?

Your consultation can be over the phone or in person.

How do I know if I need a lawyer?

If you're asking this question, a free consultation is probably worth your time. Legal issues rarely get simpler by waiting, and early advice often prevents bigger problems down the road. Whether it's planning for your family's future, handling a business matter, or dealing with a legal challenge, we're here to help you understand your options. Our initial consultations are designed to give you clarity about your situation and help you make informed decisions about moving forward.

What should I bring to my first appointment?

Bring any documents related to your legal matter—existing wills, business papers, contracts, correspondence, or court documents. Don't worry if you don't have everything organized perfectly; we'll help you figure out what's important. Also bring your questions. Write them down beforehand so you don't forget anything during our meeting. The more information you can share with us, the better we can understand your situation and provide helpful guidance.

How do you charge for your services?

We believe in transparent, fair pricing that reflects the value we provide. Some services are billed at flat rates (like estate planning, most probate matters, or business formations), while others are billed hourly (like complex litigation, complex probates, commercial transactions, or ongoing business advice), and some are contingency fees—the "we don't get paid unless you get paid" arrangements—(like personal injury, wrongful death, and catastrophic injury cases). We'll always discuss fees upfront and provide written fee agreements so you know what to expect. Our goal is to provide excellent legal service at reasonable rates, and we're happy to discuss payment arrangements when needed.

How does the consultation process work?

Step 1: Contact us by phone, email, or contact form
Step 2: We'll schedule a free 30-minute consultation (in-person or phone)
Step 3: We discuss your situation and provide realistic recommendations
Step 4: If you decide to move forward, we provide flat-fee pricing and a clear timeline
Step 5: We handle the legal work while keeping you informed throughout

Do you offer flat-fee pricing?

Yes. We believe in transparent, predictable pricing. For most estate planning and probate matters, we quote a flat fee upfront so you know exactly what to expect. No surprise bills, no hourly billing that incentivizes inefficiency.

Are you licensed in multiple states?

Yes. Attorney Alexander T. Burd is licensed to practice law in Tennessee, Alabama, and Georgia. This multi-state licensure is particularly helpful for clients with property or family in multiple states.