What Happens If No Probate Is Filed in Tennessee?

When a loved one passes away in Tennessee, the process of probate often becomes necessary to ensure that the estate is handled properly. Probate is the legal procedure through which a deceased person’s assets are distributed, debts are paid, and any disputes are settled. 

It’s a vital step to ensure that everything is in order, but what happens if no one files for probate? Failing to file probate could leave you with unexpected legal hurdles that could complicate your loved one’s wishes. Let’s break it down.

At Foust & Foust, PLLC, we understand how overwhelming this process can seem. Our team is dedicated to helping families handle the complicated process of estate administration in a clear and easy-to-understand way.  We’re here to ensure that your loved one’s wishes are respected and that everything is done by the book. But what if that crucial probate step is skipped? The consequences can be significant.

Consequences of Not Filing Probate in Tennessee

When probate isn’t filed, several issues can arise, potentially leaving the estate and the beneficiaries in limbo. Here are some of the key problems that can occur:

Asset Distribution Issues

Without going through probate, assets that are only in the deceased person’s name, such as a house, car, or bank account, cannot be legally passed on to the heirs.  These assets basically stay locked, meaning they can’t be sold, transferred, or accessed. It’s like owning a house but not being able to put it in your name or sell it because probate hasn’t started. This can create unnecessary financial stress and delay the distribution of the estate.

Legal and Financial Complications

When probate isn’t filed, it opens the door to a range of legal and financial issues:

Heir Disputes

If probate isn’t filed, heirs might have the right to take legal action against the person managing the estate. This can cause family conflicts and lead to legal disputes.

Creditor Claims

In Tennessee, creditors have up to one year to file claims against the estate if probate isn’t opened. Without probate, there’s no official way to settle these debts, which can leave the estate vulnerable to ongoing financial problems.

Will Contests

Without probate, there’s no official process to validate the will. This means that any disputes over the will’s legitimacy remain unresolved, potentially leading to more conflicts among family members.

 Our team knows firsthand how these situations can spiral, but we’re also experienced in handling creditor claims and potential disputes over wills. Our probate services are designed to minimize these complications and ensure a smooth process.

Intestate Succession

If someone dies without a will (known as “dying intestate”), Tennessee’s intestate succession laws take over. This means the state decides how the assets are divided using a set formula, regardless of what the deceased may have wanted. Even if there is a will, but it isn’t probated, Tennessee law may treat the estate as if there were no will at all, leaving the division of assets up to the state.

Executor Authority

The person named as executor in a will is responsible for managing the estate’s distribution, but without probate, they have no legal authority to do so. The court may end up appointing someone else to handle the estate, leading to delays, higher costs, and a loss of control over the process.

Delaying probate not only creates these issues, but it can also leave the estate vulnerable to other problems. At Foust & Foust, PLLC, we focus on making sure deadlines are met and that the estate is managed properly and promptly.

Time Limitations

While Tennessee doesn’t have a strict deadline for filing probate, waiting too long can complicate things. If more than ten years pass after the person’s death, the courts may be reluctant to issue letters testamentary, which grant the executor the authority to act. Prolonged delays can also lead to unpaid bills, asset deterioration, and an overall messier situation for the estate.

 Thankfully, we are detail-oriented and will see to it that your probate case is handled within reasonable timeframes, helping to avoid these potential setbacks.

When Probate May Not Be Necessary in Tennessee

Not every estate requires full probate. In some cases, certain assets or smaller estates can bypass the probate process entirely:

  • Small Estates: If the estate is valued at less than $50,000, it may qualify for simplified probate procedures, which can make things easier and faster.
  • Non-Probate Assets: Certain assets, like life insurance policies with named beneficiaries or jointly-owned property, pass outside of probate. Trusts can also be used to avoid probate altogether.

At Foust & Foust, PLLC, we can help determine if a simplified probate process or a different legal strategy is appropriate for your situation. Every case is unique, and our approach reflects that.

The Probate Process in Tennessee

For estates that do require probate, the process in Tennessee typically involves several key steps:

  1. Opening the Estate: This involves filing the necessary paperwork with the court to officially start probate.
  2. Identifying and Valuing Assets: The executor needs to gather and assess the value of the estate’s assets.
  3. Paying Debts and Taxes: The estate is responsible for settling any outstanding debts, including taxes, before assets can be distributed.
  4. Distributing Assets to Beneficiaries: Finally, the remaining assets are distributed according to the will or Tennessee’s intestate laws if there is no will.

 We guide families through every step of this process, ensuring that everything is done correctly and efficiently.

Why Choose Foust & Foust, PLLC for Probate Matters?

When you’re dealing with probate, having the right legal support can make all the difference. We offer:

  • Experience and Knowledge: With years of experience in probate law, we know how to handle even the most complex estates.
  • Client-Centered Approach: Your goals and concerns come first. We work closely with you to make sure that everything is handled with care and attention.
  • Attention to Detail: From paperwork to deadlines, we make sure no detail is overlooked.
  • Compassionate Guidance: We know how hard this time can be, and we’re here to support you through every step of the process.

If you have questions about probate or need assistance with an estate, we’re here to help. Contact Foust & Foust, PLLC, today at (865)-203-4041 to schedule a consultation. We’ll be with you every step of the way to ensure that your loved one’s estate is managed properly.

Neva Foust is a Knoxville-based probate and elder law attorney with a distinctive blend of legal expertise and financial insight as a Certified Public Accountant. She specializes in guiding families through estate administration and elder law matters, combining legal precision with financial acumen to deliver comprehensive solutions. A compassionate and attentive advocate, Neva focuses solely on probate and elder law, ensuring personalized, tailored services. She earned her J.D., Magna Cum Laude, and MBA from Lincoln Memorial University and holds a CPA certification. Neva is a member of the Tennessee and Knoxville Bar Associations, recognized for her professionalism and dedication.