By Andrew Bellm
Losing a loved one is never easy. Along with grief, many families are left navigating the legal and financial responsibilities that follow. Estate administration—the process of managing and distributing someone’s assets after death—can seem overwhelming. Below are key things to understand if you’re faced with handling an estate in Tennessee, and why having experienced legal guidance can make all the difference.
1. Does the Estate Require Probate?
Not every estate needs to go through probate. Whether it does depends largely on how the assets were titled and whether beneficiary designations were in place.
There are three main ways assets pass at death:
- Joint ownership with right of survivorship (e.g., jointly owned bank accounts or real estate): These assets pass to the surviving owner automatically, outside of probate
- Payable on Death (POD) or Transfer on Death (TOD) designations: These accounts pass pursuant to the POD or TOD designation.
- Under a will – everything else not covered above falls into this category and will likely require probate
If an asset is solely in the decedent’s name without a beneficiary designation, probate will likely be required.
Probate may be avoided if:
- All assets are jointly owned with a surviving spouse and/or POD/TOD to the surviving spouse
- All assets are titled to or payable to a revocable living trust
2. First Steps After a Death
Once a loved one passes, these are the first steps to take:
- Locate the original will and any estate planning documents
- Identify the decedent’s assets, how they are titled, and whether beneficiaries are named
- The proposed executor or administrator should secure any vulnerable property such as real estate or personal valuables
- Order death certificates from the funeral home or vital records office
3. When Should Probate Be Started?
Probate doesn’t usually have to be opened immediately. Most families can take time to focus on funeral arrangements and grieving. However, probate may need to begin sooner if:
- The decedent owned a business that needs to keep running
- There are legal deadlines or potential litigation that could be affected
- Certain assets need to be protected from removal or damage
4. What If the Original Will Is Lost?
If the original will can’t be found, the law presumes the will was revoked. That means the estate could be distributed under a prior will, or if no prior will exists, according to intestacy laws, which may not reflect the decedent’s wishes. Although this presumption can be challenged, it’s difficult to overcome. If there’s concern that a will may be lost or destroyed, the best protection is to re-execute the will during life.
5. Understanding the Probate Process
Tennessee offers several types of probate:
- Small estate administration – an option for estates with less than $50,000 in assets and no real estate
- Muniment of title – typically used when real estate is the only probate asset
- Full probate – the most common and comprehensive process
The full probate process generally includes:
- Filing a petition with the court to appoint a personal representative
- A 4-month creditor claim period runs where creditors can file claims against the estate
- The executor gathers assets and pays estate expenses:
o Taxes
o Valid creditor claims
o Estate administration expenses - Once all debts are settled, the executor distributes the remaining assets to beneficiaries pursuant to the will or laws of intestacy
- The estate is closed with the court, either through formal accounting or signed receipts
Every estate is unique, and the process may vary based on family dynamics, asset complexity, or other factors.
6. What About Out-of-State Property?
Real estate located outside Tennessee is governed by the laws of the state in which it’s located. This usually requires a separate proceeding called ancillary probate in that state.
To avoid this added complexity, many people place out-of-state property into a revocable trust or LLC during their lifetime.
7. Do I Need a Trust to Avoid Probate?
Avoiding probate is a common goal—but it’s not always necessary or beneficial for everyone.
A revocable living trust (RLT) can avoid probate if:
- It is properly funded during life
- All assets are either titled to the trust or pass by beneficiary designation
Trusts can offer quicker access to assets and lower administration costs. However, they require careful planning and regular updates. If any assets are missed or titled incorrectly, probate may still be required.
It’s best to speak with an estate planning attorney to determine whether a trust is right for your situation.
8. Do I Need a Lawyer for Probate?
In most cases—yes. Small estates may be handled without a lawyer, but full probate typically requires legal counsel.
A knowledgeable probate attorney can help:
- Navigate court procedures
- Protect the executor from liability
- Ensure creditors and taxes are handled properly
- Facilitate a smooth distribution to beneficiaries
Final Thoughts
Estate administration involves both legal and emotional complexities. Whether you’re facing the process after a loved one’s death or want to ensure your own affairs are in order, I’m here to help. With compassionate guidance and practical solutions, we can simplify what often feels like an overwhelming time.