Q: In Tennessee do I have to go through probate court.?
My grandmother passed away and left a will with me and my brother's name on the will. Everything is well documented in the will with everything going to just me and him. She left her 401k, money that she saved in her bank accounts ,car and,house all to use. She don't have any big debt just some small loans.
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A:
Probate is how wills are administered. If there are assets that need to have the title/ownership changed, probate is how it is done. Take the bank account, for example. I assume it is in her name and she did not name a death beneficiary. You will not be able to collect that money by just presenting the will to the bank. They will not accept that. You will need to go through a statutory process, likely probate, to collect the bank account.
A lot depends, however, on the size of your grandmother's estate. For some small estates there is a process that is simpler than probate, but it still involves filing with the probate court.
The house is another matter. Whether or not a probate is required is a bit complicated. Maybe. Maybe not. It depends in part on what the will says.
A probate attorney can help you with all of this.
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