Attorneys for Wills Nashville, TN

Wills Lawyers In Nashville, TN

Providing Clients With Quality Estate Planning Services

In today’s modern world, people are busier than ever before. Many basic tasks that need to be completed seem to be pushed to the side. However, one of the most critical responsibilities that anyone should take time to complete is writing a will.

Many individuals mistakenly believe that their assets and other financial resources will automatically become the property of their immediate family. Although this may be true in some instances, there are situations where not leaving a will can result in costly legal situations for loved ones and other beneficiaries. Additionally, your beneficiaries may have to wait a significant amount of time to finally receive the financial resources they need after you are gone.

Writing a will may seem like a daunting task. However, with the assistance of an experienced wills attorney, the entire process can be quick and easy and give you peace of mind knowing that your family is provided for after your pass away.

What is Probate?

Probate is a legal process used in Tennessee to ensure the validity of a will after a person passes away. As stated previously, if an executor has yet to be previously named, an administrator will be appointed to manage all estate-related issues.

The probate court will appoint the administrator if an individual does not leave a will. An “heir at law” can file a petition with the probate court asking to be appointed administrator. An heir at law is typically an individual related to the decedent and most likely would have inherited from the estate had there been a will.

However, not all estates are subject to the probate process. A faster and more efficient method is available if an estate is valued at $50,000 or less and does not include any real estate holdings. The executor is obligated to fill out an affidavit detailing all of the estate’s assets and debts, a death certificate, and a list of all beneficiaries. The probate court then makes a ruling as to whether or not it will permit the simplified probate within 45 days of receiving the petition. If approved, assets can be distributed to heirs almost immediately.

In most instances, the probate process typically takes anywhere from 6 months to a year to complete. However, the process could take considerably longer if anyone decides to contest the will.

What Are the Requirements to Make a Will in Tennessee?

Any Tennessee citizen has the legal ability to create a will as long as they meet the basic requirements. If it is later discovered that the testator, the individual who created the will, did not meet all the legal requirements, the will can be contested and rendered invalid.
Tennessee legal requirements include:

• The testator is at least 18 years of age.
• The testator is of sound mind.
• The will is signed by the testator or by their authorized agent in the testator’s name and in their presence.
• At least two witnesses signed the will. It should be noted that none of the witnesses should be listed as beneficiaries in the will. Finally, the witnesses must sign the will in the presence of the testator and each other.
• A testator can legally leave their personal property to their chosen beneficiaries.

As a final note, wills must be in writing. Rarely, an oral will also referred to as a nuncupative will, may be accepted but only if specific legal requirements are met, including that the testator was in “imminent peril of death” and has less than $1,000 of personal property. However, a nuncupative will may not be used to replace an existing will.

If you would like to draft a will, contact the law office of Crow Estate Planning and Probate, PLC, to schedule an appointment.