Maryville, TN asked in Probate for Tennessee

Q: Probate: My husband died, everything was in both of our names, except a vehicle that was paid for.

If someone else wanted to file probate for the vehicle, how long would they have. All his personal belonging were left to me. We live in Tennessee. He had a will. Will was not filed.

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If the Will is not Probated, it has no effect. Apparently the vehicle was intestate property, and goes to the spouse, and issue if any. They could file for Probate several years from now, but it does not sound like there is enough property to pursue such a proceeding against a surviving spouse. You are also the Surviving Tenant By The Entirety, taking the jointly owned property.

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