Complete Legal Tennessee Probate Forms For Free

In Tennessee, the process begins when the executor, named in the will or an administrator appointed by the court if there's no will, files a petition with the probate court. The court then oversees the entire process ensuring all debts are paid and remaining assets are distributed to the correct heirs or beneficiaries.

Small estate laws were enacted in order to enable heirs to obtain property of the deceased without probate. You can use the simplified small estate process in Tennessee if the assets of the decedent's estate consist only of personal property, having a value not exceeding $50,000.

Not all assets need to go through probate. Only assets that the deceased person owned in his or her own name, alone, must go through probate. All other assets pass to new owners without oversight from the probate court. Assets that go through probate make up what's called the "probate estate."

To provide an idea of what to expect, here are some costs taken from the Nashville probate court fees published as of early 2023: Petition to probate a will: $289.50. Petition for conservatorship or guardianship: $219.50. Small estate affidavit (with a will/without a will): $105.50/$100.50.

How to File Probate Without a Lawyer - A Step-by-Step Guide Petition the court. The probate process won't begin automatically. ... Notify heirs, beneficiaries, and other interested parties. ... Change the legal name of the assets. ... Pay creditors and tax payments first. ... Pay funds to heirs. ... Report back to the court and close the estate.

Some assets are transferred directly without having to go through the probate process. These include: Assets with joint ownership. This includes real estate property, bank accounts, brokerage accounts, and other assets that are owned by two or more people.