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Probate and estate documents with keys to inherited property

Chattanooga, Tennessee

Probate Administration Attorney

Probate isn't the monster they've made it out to be. Yes, it takes time. No, it's not the expensive nightmare the internet claims. Let's look at the real costs and timeline for your situation.

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The Truth About Probate Costs in Tennessee

Let's talk about what nobody else will tell you: Probate in Tennessee is not that expensive. It's time-consuming and involves paperwork, but it's not going to bankrupt your heirs or tie things up for years like the youtubers and internet-influencers claim.

Here are the actual numbers: For a typical estate, expect our firm to charge between $2,000-$7,500 in attorneys' fees (plus $500-$1,000 in court costs). That's it. Not the $10,000-$100,000+ horror stories you read online. Tennessee has one of the most straightforward, affordable probate systems in the country. The real cost is time and patience, not money.

We complete all substantive work in 4-6 months for simple estates. Tennessee law requires a 4-month creditor claim 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. With efficient handling and no complications, we move straightforward probate along as quickly as possible. Complex estates with property sales, tax complications, or fighting siblings take longer, but those are also few and far between. Most straightforward probate - one house, some bank accounts, a clear will, cooperative heirs - moves as quickly as the law allows.

If you inherited property that's still in your parent's name years later, you're not alone. Thousands of people delay probate because they think it's scary, expensive, or "we don't need it." It's not scary, its not over costly, and you probably do need it. It's simply administrative and proper retitling of assets. We can help you finally clear the title so you can sell, refinance, or properly own what you inherited. The longer you wait, the harder it gets. Let us help you fix it.

Probate Services We Provide

Small Estate Administration

Tennessee estates under $50,000 qualify for simplified probate utilizing the Small Estate Act. This process is faster and less expensive than formal probate. If your parent died with only a bank account, smaller personal property, and maybe a car, this might be all you need.

Best for:

  • Estates under $50,000 in total value
  • No real estate involved
  • Clear heirs or beneficiaries
  • Simple asset structure (bank accounts, vehicles, personal property)
  • No creditors

Timeline: 6-8 weeks to complete substantive work (estate will formally close with the court after 1st anniversary of death date)

Cost: $1,500-$2,500 (including court costs)

Formal Probate Administration

For estates over $50,000 or involving probate-necessary real estate, formal probate is required. We handle all the court filings, creditor notifications, asset inventory, creditor's claims/payments, and distributions to heirs. You don't have to figure out Tennessee probate procedure on your own.

What we handle:

  • Petition for probate and executor appointment
  • Notice to creditors and claim resolution
  • Asset inventory and appraisal coordination
  • Fighting creditors' claims and payments to legitimate creditors
  • Final accounting and distribution
  • Real estate transfers and title clearing

Timeline: 6 months to complete all substantive work for simple estates, 6-12 months if more complicated (estate cannot be formally closed with the court until at least one year from the date of death)

Cost: $3,000-$7,500 for most estates (could be more for complex situations and/or will contests)

Inherited Property Transfer

House still in your parent's name long after they died? Maybe its been 10-20 years? We see it all the time. You will have a hard time selling inherited real estate without clear title, and clear title requires probate or other legal procedures. We'll walk you through the fastest way to get proper ownership.

Common situations we fix:

  • Property inherited years ago but never probated
  • Clouded title preventing sale or refinancing
  • Multiple heirs needing ownership clarification
  • Estate with only real estate and minimal other assets
  • Property spanning multiple counties or states

The process: We file the necessary probate proceedings, get court authority, and transfer title properly so you can sell, keep, or refinance the property.

Intestate Estate Administration

Someone die without a will? That's called dying "intestate." Tennessee law determines who inherits based on family relationships. And no, just because you're the surviving spouse doesn't mean you inherit everything (it might, but that depends on other factors). The probate process is similar to having a will, but requires court appointment as administrator and involves slightly more court supervision.

What's different:

  • Court appoints administrator instead of executor
  • Tennessee intestacy law determines distribution
  • Administrator bond may be required (insurance policy)
  • More court oversight and reporting
  • Can take slightly longer than probate with a will

Who inherits: Spouse and children first, then parents, siblings, and more distant relatives. We'll explain exactly how Tennessee law applies to your family structure.

Tennessee Probate Process: Step-by-Step

Probate doesn't have to be mysterious. Here's exactly what happens when you open an estate in Tennessee and how we guide you through each step:

1

Petition for Probate & Executor Appointment

Timeline: 3-8 weeks to get a hearing to open the estate

We file the petition with the probate court, submit the original will (if one exists), and request appointment as executor (if there's a will) or administrator (if not). The court issues letters testamentary or letters of administration giving legal authority to you to act on behalf of the estate.

What you need: Original will (if available), death certificate, list of heirs, estimated asset values. We'll help you gather everything required.

Court fees: Approximately $300-$500 depending on county.

2

Notice to Creditors & Claims Period

Timeline: 4 months (required by law)

Tennessee law requires publishing notice to creditors and notifying known creditors directly. They have 4 months to file claims against the estate. This sounds scary but isn't. Most estates have few or no creditor claims. We handle the publication, notices, and any claims that do come in.

Common creditors: Medical bills, credit cards, funeral expenses, taxes. Creditors must prove their claims. Many bills that people worry about turn out to be uncollectible. We help determine which debts must be paid and which can be challenged or negotiated.

Important: Heirs don't inherit debt. You're only liable for debts you personally co-signed.

3

Inventory & Asset Collection

Timeline: happens during the 4-month creditor period

We prepare an inventory of all estate assets and their values. This may include real estate, bank accounts, investments, vehicles, and personal property. You'll need to gather account statements, real estate information (addresses—we can pull the deeds), and vehicle titles. We file the inventory with the court.

Asset collection: We help you transfer bank accounts, claim life insurance, collect retirement benefits, and secure property. Many assets like life insurance and retirement accounts bypass probate entirely if beneficiaries are properly designated.

Appraisals: Real estate typically needs professional appraisal. Personal property can usually be valued reasonably without formal appraisal unless there are valuable collections or antiques.

4

Distributions

Timeline: Months 6-12

Distribution priority order: (1) administrative costs (court costs and attorneys' fees and administrator's fees), (2) reasonable funeral expenses, (3) taxes, (4) creditors, (5) heirs/beneficiaries.

Tax considerations: Estate tax returns (if estate exceeds $13.61 million federal exemption), final income tax return for the deceased, and estate income tax return if the estate generates income during administration. Most estates don't owe estate tax.

Property sales: If the estate needs liquidity to pay debts or heirs want to sell inherited property, we coordinate sales and proper proceeds distribution.

5

Closing Estate

Timeline: Weeks 6-16

After legal debts are paid, we prepare a final accounting showing all money in and out of the estate. We file it with the court and distribute remaining assets to heirs according to the will or Tennessee intestacy law. Once the court approves, the estate closes, and you are discharged of your duty as the executor/administrator.

Realistic Timeline & Costs

Simple Estate: 4-6 months to complete substantive work
No disputes, no creditors, cooperative heirs, straightforward assets. Tennessee law requires a 4-month creditor period and that estates remain open for at least one year from the date of death before formal closure with the court.

Average Estate: 5-9 months
Some creditor claims.

Complex Estate: 8-18 months or longer
Family disputes, contested will, business interests, tax complications, real estate.

Attorney Fees: Approximately $2,000-$7,500 for straightforward estates

Court Costs: $500-$1,000 (filing fees, publication costs)

Costs vary by estate complexity and county. We provide upfront estimates after reviewing your specific situation. Most fees are paid from estate assets, not out of your pocket.

Frequently Asked Questions About Probate

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.

How much does probate actually cost in Tennessee?

For a typical estate, expect approximately $2,000-$7,500 in attorneys' fees plus $500-$1,000 in court costs. That's it. Not the $10,000-$100,000+ horror stories you read online. Tennessee has one of the most straightforward, affordable probate systems in the country. The real cost is time and patience, not money.

How long does probate take in Tennessee?

We complete all substantive work in 4-6 months for simple estates. Tennessee law requires a 4-month creditor claim 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. With efficient handling and no complications, we move straightforward probate along as quickly as possible. Complex estates with property sales, tax complications, or fighting siblings take longer.

Can I sell my parents' house without probating the estate?

No, you cannot sell inherited real estate without clear title. If the property is still in your deceased parent's name, you must complete probate (or use another legal transfer method) before selling. Title companies and buyers require proper legal transfer of ownership. We can help you complete the process efficiently so you can sell the property.

What if my parent died without a will?

Tennessee intestacy laws determine who inherits. Generally, your spouse gets everything if there are no children, or shares with children if there are. If no spouse or children, it goes to parents, then siblings, then more distant relatives. The probate process is similar to having a will but requires court appointment as administrator and involves slightly more court supervision. We'll walk you through exactly how Tennessee law applies to your family situation.

Do all assets go through probate in Tennessee?

No. Assets with beneficiary designations bypass probate: life insurance, retirement accounts (401k, IRA), payable-on-death bank accounts, and transfer-on-death investment accounts. Jointly owned property with right of survivorship passes directly to the surviving owner. These assets transfer automatically without court involvement. Only assets titled solely in the deceased person's name without beneficiary designations go through probate.

How can we avoid probate?

If assets are deemed non-probate assets—like real property in Tennessee in certain instances, or jointly-owned property, or accounts with beneficiaries—there is no need for probate of those assets. Utilizing certain estate planning tools prior to your death can help minimize what goes through probate. Every situation is different, so we'll review your specific circumstances and suggest strategies that make sense for your family. However, after someone dies, it is too late to create this plan, which is what probate is for.

The bank or insurance company said I need "Letters" or "letter from the court". What are they talking about?

Letters Testamentary. That is the official appointment of you (or someone else) as the Personal Representative of the Estate of the deceased. Letters Testamentary give the Personal Representative the authority to access the deceased's estate assets, for the benefit of the Estate. Generally, if a financial institution is asking for this, it means that the deceased had assets there with no beneficiary named, and would then be considered a probate asset.

What is a Small Estate?

In Tennessee, a Small Estate is a type of probate proceeding that is strictly for an estate that is worth less that $50,000. It is extremely fast (compared to other types of estates), and gets a Personal Representative appointed through Letters Testamentary.

What is a Muniment of Title?

A muniment of title is strictly for the real estate of a deceased, pursuant to their valid Will. Again, it is a form of probate, but not a full probate. Because real property is not a probate asset in Tennessee (unless the will directly makes it one or if the estate is insolvent and the real property must be brought in to pay the costs of claims and administration), this is a tool to re-title the real property from the deceased to the beneficiaries under the Will. This is likely the fastest form of probate there is, as it typically takes about a week or two. However, this only applies to real estate and can only be utilized in certain scenarios.

What is the difference between executor and administrator?

An executor is named in the will and appointed by the court to manage the estate. An administrator is appointed by the court when someone dies without a will (intestate). They have similar duties - collecting assets, paying debts, distributing property - but administrators face slightly more court oversight and may need to post a bond. The roles are functionally similar; the difference is just how they're appointed.

Can creditors take everything from the estate?

No. Creditors can only claim against assets in the deceased person's estate, not heirs' personal assets. Many bills aren't valid claims - credit cards, medical bills, and other debts require proof. Creditors must file proper claims within Tennessee's 4-month deadline or lose their rights. We review all claims to ensure they're legitimate. Many families worry about debt unnecessarily. Heirs don't inherit debt unless they co-signed.

What if siblings disagree about the estate?

Family disputes can delay probate significantly. Common disagreements include who should serve as executor, whether to sell inherited property, dividing personal items, and challenging the will's validity. We help mediate disputes and, if necessary, represent your interests in court. Most disagreements can be resolved through negotiation. The executor has legal authority to make decisions, but contentious situations may require court intervention. Early communication usually prevents problems.

Is probate public record in Tennessee?

Yes. Probate is a court proceeding, so filed documents become public record. Anyone can view the will, asset inventory, creditor claims, and final accounting. This includes the deceased person's property, debts, and who inherits what. If privacy is important, trusts (which avoid probate) keep this information private. However, for most people, the publicity isn't a practical problem - few people actually look up probate records.

Ready to Handle Probate the Right Way?

No fear-mongering. No inflated costs. Just straightforward guidance on Tennessee probate and what it will really take to settle the estate or transfer inherited property.

Call us directly:

(423) 777-6116

Or schedule your free consultation online:

Schedule Free Consultation

Free 30-minute consultation. We'll review your situation, explain the actual process and costs, and give you realistic expectations.

Probate Services Throughout Chattanooga and Tennessee

The Burd Law Firm concentrates its probate and estate administration services in the Chattanooga area and surrounding Tennessee counties. We have handled probate matters in Hamilton County, Bradley County, Marion County, Sequatchie County, and other Tennessee jurisdictions.

Whether you're dealing with a simple estate, inherited property that's been sitting for years, or a complex probate situation, we provide realistic assessments and efficient administration. We complete all substantive work on most straightforward probates in 4-6 months, though the court won't formally close the estate until after the 1-year anniversary of death as required by Tennessee law.

Office Location:
412 Georgia Ave Suite 102
Chattanooga, TN 37403

Office Hours:
Monday - Friday: 9:00 AM - 5:00 PM
Evening and weekend appointments available by request

Licensed to practice in Tennessee, Alabama, and Georgia. We handle probate matters throughout Tennessee and can assist with multi-state estate issues involving property in surrounding states.