Asked in Estate Planning, Real Estate Law and Probate for Tennessee

Q: Does house and car need to go through probate in TN? Will leaves one child house and other car/guns.

Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary in TN when Will is clear and it's only a house and car?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a probate estate if needed to pay creditors.

Regarding whether probate is needed "when Will is clear", what you need to understand is that probate IS how wills are administered. Probate is not just for will that aren't "clear". It is for all wills, clear ones and not so clear ones.

Sometimes an expedited process can be used depending on the value of the estate, especially if the decedent had no unpaid bills.

Anthony M. Avery agrees with this answer

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