Cookeville, TN asked in Estate Planning for Tennessee

Q: Is probate necessary with will and personal representative assigned?

My step dad’s will allowed my mom to live in home until her death. Then house must be sold & proceeds divided among heirs. She passed. Is probate necessary?

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Probate of the Will or your Mother's Estate? If your Mother was not a

surviving tenant by the entirety then only through the Probated

Will did she take the fee. Otherwise it was a 1/3 or 1/2. If his will was not probated, then there are several heirs from both families. Mom's Estate probably does not need Probate unless there are other significant assets.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: Some kind of legal process will be necessary in order to vest record title in the remainder heirs/beneficiaries. Without knowing more about what ELSE was in your father's estate, it is hard to say which process would be recommended. If the house was the only thing, this can be handled relatively quickly and inexpensively.

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