Tennessee PROBATE - Order Dismissing Inactive Estate
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FAQ
To reopen an estate for subsequent administration, the interested party, often the Personal Representative must petition the probate court to reopen the estate. The probate court may re-appoint the same Personal Representative or another personal representative to administer the subsequently opened estate.
?Probate avoidance? means making choices and taking certain actions now that will prevent the necessity of a probate court having to intervene to make those choices for you later on.
If a will was incorrectly executed, a court may invalidate it. Undue influence on the testator: When someone benefits by pressuring or intimidating a testator into signing a will ? that might not otherwise have been signed ? it's undue influence. If proven, undue influence may invalidate a will.
Tennessee doesn't give a deadline for when probate must be filed after someone dies. There is no penalty for holding onto a will, which means they may come forward at any time. However, most estates will file quickly if the heirs are anxious to have the process settled.
The probate process can last anywhere from four months to a year or more. The length of time depends on a few factors. For example, if the deceased individual had unique and complex assets, such as real estate property that they owned in another state, that can complicate the situation and cause probate to take longer.
How long probate takes in Tennessee varies from estate to estate. Generally, this can take anywhere from six months to a year. Following the deceased's passing, the executor has 60 days to turn in an inventory of the deceased's assets that need to go through probate.
If the testator does not appoint an executor, then somebody still needs to step forward and request to be approved as the estate administrator. In Tennessee, the state statutes determine who can be appointed the administrator. Generally, the closest relative such as a spouse is given preference by the court.