Losing a loved one is never easy. Beyond the emotional pain, there’s often the overwhelming responsibility of handling their estate. If you’ve been named as an executor or you’re a beneficiary, you may have heard of the probate process. But what does that really mean, and how can you get through it? That’s where we step in.
At Foust & Foust, PLLC, we’re here to guide you through probate, making sure your loved one’s wishes are respected and followed.
What Is Probate?
Probate is the legal process used to settle a deceased person’s estate. In simple terms, it’s a way for the court to ensure that a person’s assets are properly distributed to their heirs and that any debts or taxes are paid. This might sound straightforward, but probate often involves many steps, and it’s easy to get lost in the details.
A probate starts with filing a petition in the probate court in the county where the person lived. The court then appoints someone, typically the executor named in the will, to manage the estate. This executor’s job is to identify all the assets, notify creditors, pay off any debts, and distribute what’s left to the heirs.
The probate process can be long, especially if disputes arise, but having a clear understanding of the steps involved can help ease some of the stress.
When Is Probate Necessary?
Not all estates need to go through probate. If the person who passed away had a will, their assets will generally go through probate unless they’ve been placed in a trust or are jointly owned. For example, if a home was owned jointly with a spouse, it would usually pass directly to the surviving spouse without probate.
If there’s no will, the court will distribute assets according to Tennessee intestate laws, which determine who gets what based on family relationships. Certain types of assets, like life insurance with a named beneficiary or retirement accounts, also often avoid probate.
For small estates—those with less than $50,000 in assets—there may be a simplified probate process. This can save time and money, but it’s not available in every case. We can help you figure out whether your loved one’s estate qualifies for this simpler process.
How Can a Probate Lawyer Help?
Probate can be confusing, especially if you’re dealing with it for the first time. A probate lawyer helps by guiding you through the legal process and ensuring that everything is done according to the law. At Foust & Foust, PLLC, we’ve helped countless families handle probate matters, and we can assist you with:
- Filing the initial petition with the probate court
- Preparing and submitting all necessary paperwork
- Representing you at any court hearings
- Resolving disputes between beneficiaries or creditors
- Handling tricky issues like creditor claims, taxes, or challenges to the will
We understand how emotional and stressful this time can be, and we’re here to offer both legal support and compassion. Our goal is to make the process as smooth as possible for you and your family.
Simplified Probate Procedures
Tennessee does offer a simplified probate process for small estates, typically those under $50,000 in value. If the estate qualifies, you can file a small estate affidavit, which can speed things up and reduce costs. It’s a great option for smaller estates, but you’ll need to be sure all the requirements are met.
If you’re not sure whether you qualify for this simpler process, reach out to us. We can walk you through the steps and help you determine whether this option is available for your loved one’s estate.
Common Challenges in Probate
Even when a will is clear, probate can sometimes lead to disagreements among family members. For example, a beneficiary might challenge the validity of the will, claiming that the deceased wasn’t mentally capable when it was signed or that someone exerted undue influence.
Other challenges can arise when creditors make claims against the estate, or when heirs disagree on how assets should be divided. These disputes can drag out the probate process and make a difficult time even harder.
We’ve handled many cases where disputes like these have come up. With experience and a commitment to fairness, we help resolve these issues efficiently, always keeping in mind that the goal is to honor your loved one’s wishes while maintaining family relationships.
Why Choose Foust & Foust for Probate?
We know that probate can be a daunting and emotional process, but at Foust & Foust, PLLC, we’re here to help make it easier. Here’s why families trust us:
- Experience: We’ve been handling probate matters in Tennessee for years, so we know the ins and outs of the law. We use this knowledge to help you through this process as smoothly as possible.
- Personalized Service: No two families are the same, and we take the time to understand your specific situation and needs. We offer advice and support tailored to your circumstances, ensuring that you feel supported at every step.
- Compassionate Guidance: Dealing with a loved one’s estate can be emotionally draining. We’re here not only as your legal team but also as a source of guidance and support during this difficult time.
- Responsive Communication: We know that probate can be confusing, and you probably have questions. We’re always here to provide answers and keep you informed about the status of your case.
Call Us For Consultation
If you’re facing the probate process, don’t go through it alone. Contact Foust & Foust, PLLC today to schedule a consultation. We offer compassionate and experienced legal support to help you through every step. Call us at (865) 203-4041 or fill out our online contact form to get started. Let us help you carry out your loved one’s wishes while ensuring the legal side of things is handled smoothly and professionally.
